TEXT OF AMENDMENTS

## Quick facts
- **Record:** Senate Floor
- **Section type:** Amendments
- **Chamber:** Senate
- **Date:** June 23, 2026
- **Congress:** 119th Congress
- **Why this source matters:** This section came from the Senate floor portion of the record.

## Linked context
- **Bills and resolutions:** [H.R. 5487 \(96th Congress\)](/legislation/hr5487-96), [H.R. 2570 \(119th Congress\)](/legislation/hr2570-119), [S. 4784 \(119th Congress\)](/legislation/s4784-119)
- **Committees:** [Committee on Foreign Relations](/committees/ssfr00), [Committee on Foreign Affairs](/committees/hsfa00), [Committee on Health, Education, Labor, and Pensions](/committees/sshr00)

## Readable version of the official text
SA 5903. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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 II, add the following:

SEC. 225. STANDARDIZATION OF QUANTUM RADIO FREQUENCY SENSING

REQUIREMENTS FOR JOINT FORCE APPLICATIONS.

\(a\) Joint Requirements for Quantum Radio Frequency

Technology.—

\(1\) In general.—Not later than 180 days after the date of

the enactment of this Act, the Under Secretary of Defense for

Research and Engineering, in coordination with the

Secretaries of the military departments and the Chairman of

the Joint Requirements Oversight Council, shall establish

standardized joint requirements for quantum radio frequency

sensing technology for use across the joint force.

\(2\) Requirements content.—The requirements established

under paragraph \(1\) shall include, at a minimum—

\(A\) performance thresholds for ultra-wideband spectrum

sensing, including minimum frequency coverage from 1

megahertz through 12 gigahertz, with objective coverage

extending to 100 gigahertz;

\(B\) interoperability standards for integration with

existing electronic warfare, signals intelligence, and

tactical communications systems, including compatibility with

Single Channel Ground and Airborne Radio System \(SINCGARS\)

and Joint Tactical Radio System \(JTRS\) waveforms;

\(C\) size, weight, and power requirements for deployment on

ground vehicles, surface vessels, unmanned systems, and

manned aircraft platforms;

\(D\) performance specifications for operation in contested

and congested electromagnetic spectrum environments,

including resilience against electronic attack and

interference;

\(E\) interface standards enabling multi-channel simultaneous

reception across radar warning, communications intercept,

spectrum monitoring, and tactical communications functions;

and

\(F\) scalability requirements supporting miniaturization

through integrated photonics and photonic-integrated circuits

for future chip-scale implementations.

\(b\) Technology Development Roadmap.—Not later than 270

days after the date of the enactment of this Act, the Under

Secretary of Defense for Research and Engineering shall

update the Quantum Science Critical Technology Area roadmap

to include a dedicated section on quantum radio frequency

sensing technology that—

\(1\) incorporates the joint requirements established under

subsection \(a\);

\(2\) identifies near-term \(0 to 2 years\), mid-term \(2 to 5

years\), and far-term \(5 to 10 years\) development milestones

for quantum radio frequency sensing technology;

\(3\) specifies minimum investment levels required from each

military department to achieve roadmap milestones;

\(4\) identifies workforce requirements, including quantum

scientists, photonics engineers, and radio frequency systems

integrators;

\(5\) assesses the industrial base for quantum sensing

components, including domestic sources for rubidium or cesium

vapor cells, precision laser systems, and integrated

photonics; and

\(6\) establishes technology readiness-level transition gates

and criteria for advancement to acquisition programs of

record.

\(c\) Transition to Programs of Record.—

\(1\) Designation.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense shall

designate a lead military department for the development and

acquisition of a joint quantum radio frequency sensing

system, in consultation with the Joint Requirements Oversight

Council.

\(2\) Program initiation.—The designated lead military

department shall initiate a program of record for a quantum

radio frequency sensing system not later than fiscal year

2029, subject to successful completion of—

\(A\) technology readiness assessment demonstrating

achievement of Technology Readiness Level 6 or higher for the

core Rydberg atomic sensing subsystem;

\(B\) operational assessment demonstrating interoperability

with joint force electronic warfare and communications

systems at a combatant command exercise or service-level

network modernization experiment; and

\(C\) independent cost estimate for production and lifecycle

costs across planned joint force platforms.

\(d\) Pilot Program for Quantum Radio Frequency

Integration.—

\(1\) Establishment.—Not later than 180 days after the date

of the enactment of this Act, the Under Secretary of Defense

for Research and Engineering shall establish a pilot program

to demonstrate integration of quantum radio frequency sensing

technology on operationally relevant platforms across at

least two military departments.

\(2\) Selection criteria.—Platforms selected for the pilot

program shall include at least one representative from each

of the following categories:

\(A\) Ground-based tactical vehicles or command posts.

\(B\) Naval surface vessels or submarines.

\(C\) Manned or unmanned aircraft.

\(D\) Fixed or deployable spectrum monitoring installations.

\(3\) Duration and funding.—

\(A\) Duration.—The pilot program shall have a duration of

not more than three years.

\(B\) Authorization of appropriations.—There is authorized

to be appropriated $50,000,000 for each of fiscal years 2028,

2029, and 2030 to carry out this subsection.

\(e\) Coordination With National Laboratories and Industry.—

The Under Secretary of Defense for Research and Engineering,

in implementing this section, shall coordinate with—

\(1\) the National Institute of Standards and Technology, for

development of measurement standards and calibration

protocols for quantum radio frequency sensors;

\(2\) the Department of Energy National Laboratories,

including the National Quantum Initiative Quantum Computing

Research Centers, for fundamental research on Rydberg atomic

physics and integrated photonics;

\(3\) defense industrial base companies with demonstrated

capability in quantum sensing system integration and field

deployment, including those that have successfully completed

government evaluations of Rydberg-based RF receivers; and

\(4\) academic institutions with established quantum

information science and engineering programs.

\(f\) Reporting Requirements.—

\(1\) Initial report.—Not later than one year after the date

of the enactment of this Act, the Under Secretary of Defense

for Research and Engineering shall submit to the

congressional defense committees a report that includes—

\(A\) the joint requirements established under subsection

\(a\);

\(B\) the updated technology roadmap under subsection \(b\);

\(C\) the designation of the lead military department under

subsection \(c\)\(1\);

\(D\) the status of the pilot program under subsection \(d\),

including platforms selected and initial integration

timelines; and

\(E\) an assessment of investment levels required from each

military department to achieve roadmap milestones.

\(2\) Annual updates.—Beginning in the year following

submission of the initial report under paragraph \(1\), and

annually thereafter through fiscal year 2032, the Under

Secretary shall include in the annual report on Critical

Technology Areas required under section 217\(c\) of the William

M. \(Mac\) Thornberry National Defense Authorization Act for

Fiscal Year 2021 \(Public Law 116-283; 10 U.S.C. 4001 note\) a

section specifically addressing quantum radio frequency

sensing technology, including progress against roadmap

milestones and transition to programs of record.

\(g\) Definitions.—In this section:

\(1\) Integrated photonics.—The term “integrated

photonics” means photonic devices and circuits manufactured

on semiconductor or other wafer-scale substrates, enabling

miniaturization of optical components for quantum-sensing

applications.

\(2\) Quantum radio frequency sensing technology.—The term

“quantum radio frequency sensing technology” means radio

frequency detection and measurement systems that utilize

Rydberg atomic states, including highly excited atoms

exhibiting extreme sensitivity to electromagnetic fields, to

convert radio frequency \(RF\) signals to the optical

domain for detection without traditional antennas or solid-

state analog receivers.

\(3\) Rydberg atomic states.—The term “Rydberg atomic

states”means electronic states of atoms with very high

principal quantum numbers, typically achieved by laser

excitation of alkali atoms such as rubidium or cesium, which

exhibit sensitivity to radio frequency electric fields.

SA 5904. Mr. BARRASSO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 587. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-

SERVICE CROSS TO JAMES O. RATLIFF FOR ACTS OF

VALOR IN THE REPUBLIC OF VIETNAM.

\(a\) Waiver of Time Limitations.—Notwithstanding the time

limitations specified in section 7274 of title 10, United

States Code, or any other time limitation with respect to the

awarding of certain medals to persons who served in the Armed

Forces, the Secretary of the Army may award the

Distinguished-Service Cross under section 7272 of such title

to James O. Ratliff for the acts of valor in the Republic of

Vietnam described in subsection \(b\).

\(b\) Acts of Valor Described.—The acts of valor referred to

in subsection \(a\) are the actions of James O. Ratliff on June

18, 1968, during a combat mission near the village of Ap Go

Cong, Republic of Vietnam.

SA 5905. Mr. GRASSLEY \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1230. SENSE OF CONGRESS ON ILLEGAL ABDUCTION OF

UKRAINIAN CHILDREN BY THE RUSSIAN FEDERATION.

\(a\) Findings.—Congress makes the following findngs:

\(1\) Since the Russian Federation's full-scale invasion of

Ukraine in February 2022, the military forces of the Russian

Federation and the Government of the Russian Federation have

abducted, forcibly transferred, or facilitated the illegal

deportation of at least 20,000 Ukrainian children.

\(2\) The Russian Federation's abduction, forcible transfer,

and facilitation of the illegal deportation of Ukrainian

children has left countless children and families with

devastating physical and psychological trauma.

\(b\) Sense of Congress.—It is the sense of Congress that

Congress—

\(1\) condemns the Russian Federation's abduction, forcible

transfer, and facilitation of the illegal deportation of

Ukrainian children; and

\(2\) implores the Russian Federation to work with the

international community to ensure the return, without delay,

of all forcibly transferred Ukrainian children to their

families.

SA 5906. Mr. GRASSLEY \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1230. MODIFICATION OF REQUIREMENTS FOR TRANSFERS OF

UNITED STATES DEFENSE ARTICLES AND DEFENSE

SERVICES AMONG BALTIC STATES.

\(a\) Exemptions From Requirement for Consent To Transfer.—

\(1\) Retransfers among baltic states.—

\(A\) In general.—Notwithstanding the requirements of

section 3\(a\)\(2\) of the Arms Export Control Act \(22 U.S.C.

2753\(a\)\(2\)\) and section 505\(a\)\(1\) of the Foreign Assistance

Act of 1961 \(22 U.S.C. 2314\(a\)\(1\)\), retransfers of defense

articles related to United States-origin mobile rocket

artillery systems among Estonia, Lithuania, and Latvia shall

not require prior Presidential consent.

\(B\) Expiration.—The authority provided in subparagraph \(A\)

shall cease to have effect on the date that is 10 years after

the date of the enactment of this Act.

\(2\) Agreements.—

\(A\) Consent to transfer not required.—An agreement between

the United States and a Baltic state under section 3 of the

Arms Export Control Act \(22 U.S.C. 2753\) with respect to

defense articles or defense services related to mobile rocket

artillery systems provided by the United States shall not

require the Baltic state to seek approval from the United

States to transfer the defense article or defense service to

any other Baltic state.

\(B\) Modification.—With respect to any agreement under

section 3\(a\)\(2\) of the Arms Export Control Act \(22 U.S.C.

2753\(a\)\(2\)\) in effect as of the date of the enactment of this

Act that requires the consent of the President before a

Baltic state may transfer a defense article or defense

service related to mobile rocket artillery systems provided

by the United States, at the request of any Baltic state, the

United States shall modify such agreement so as to remove

such requirement with respect to such a transfer to any other

Baltic state.

\(b\) Common Coalition Key.—The Secretary of Defense shall

establish among the Baltic states a common coalition key or

other technological solution within the Baltic states for the

purpose of sharing ammunition for High Mobility Artillery

Rocket Systems \(HIMARS\) among the Baltic states for training

and operational purposes.

\(c\) Definitions.—In this section:

\(1\) Baltic state.—The term “Baltic state” means the

following:

\(A\) Estonia.

\(B\) Lithuania.

\(C\) Latvia.

\(2\) Defense article; defense service.—The terms “defense

article” and “defense service” have the meanings given

such terms in section 47 of the Arms Export Control Act \(22

U.S.C. 2794\).

SA 5907. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. \_\_. EXTENSION OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY

EMPLOYEES PERFORMING WORK OUTSIDE THE UNITED

STATES FOR NAVAL VESSELS.

Section 5542\(a\)\(6\)\(B\) of title 5, United States Code, is

amended by striking “September 30, 2026” and inserting

“September 30, 2028”.

SA 5908. Mrs. MURRAY \(for herself, Ms. Rosen, Mr. King, Mr. Bennet, and Mr. Kelly\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . AUTHORITY FOR INDIVIDUALS AWARDED PURPLE HEART TO

TRANSFER UNUSED POST-9/11 EDUCATIONAL

ASSISTANCE TO A FAMILY MEMBER.

\(a\) In General.—Subchapter II of chapter 33 of title 38,

United States Code, is amended by inserting after section

3319 the following new section:

“Sec. 3319A. Authority for recipients of Purple Heart to

transfer unused Post-9/11 Educational Assistance to a

family member

“\(a\) In General.—The Secretary shall permit an individual

described in subsection \(b\) who is entitled to educational

assistance under this chapter to elect to transfer to one or

more of the dependents specified in subsection \(c\) a portion

of such individual's entitlement to such assistance, subject

to the limitation under subsection \(d\).

“\(b\) Eligible Individuals.—An individual referred to in

subsection \(a\) is any veteran who is awarded, after being

discharged or released from service in the active military,

naval, air, or space service, the Purple Heart for service in

the Armed Forces occurring on or after September 11, 2001.

“\(c\) Eligible Dependents.—

“\(1\) Transfer.—An individual approved to transfer an

entitlement to educational assistance under this section may

transfer the individual's entitlement to an eligible

dependent or a combination of eligible dependents.

“\(2\) Definition of eligible dependent.—For purposes of

this subsection, the term \`eligible dependent' has the

meaning given the term \`dependent' under subparagraphs \(A\),

\(D\), and \(I\) of section 1072\(2\) of title 10.

“\(d\) Limitation on Months of Transfer.—The total number

of months of entitlement transferred by an individual under

this section may not exceed 36 months.

“\(e\) Designation of Transferee.—An individual

transferring an entitlement to educational assistance under

this section shall—

“\(1\) designate the dependent or dependents to whom such

entitlement is being transferred; and

“\(2\) designate the number of months of such entitlement to

be transferred to each such dependent.

“\(f\) Revocation and Modification.—

“\(1\) Modification or revocation.—

“\(A\) In general.—An individual transferring entitlement

under this section may modify or revoke at any time the

transfer of any unused portion of the entitlement so

transferred.

“\(B\) Notice.—The modification or revocation of the

transfer of entitlement under this paragraph shall be made by

the submittal of written notice of the action to the

Secretary.

“\(2\) Prohibition on treatment of transferred entitlement

as marital property.—Entitlement transferred under this

section may not be treated as marital property, or the asset

of a marital estate, subject to division in a divorce or

other civil proceeding.

“\(g\) Commencement of Use.—A dependent to whom entitlement

to educational assistance is transferred under this section

may not commence the use of the transferred entitlement, in

the case of entitlement transferred to a child, until

either—

“\(1\) the completion by the child of the requirements of a

secondary school diploma \(or equivalency certificate\); or

“\(2\) the attainment by the child of 18 years of age.

“\(h\) Additional Administrative Matters.—

“\(1\) Use.—The use of any entitlement to educational

assistance transferred under this section shall be charged

against the entitlement of the individual making the transfer

at the rate of one month for each month of transferred

entitlement that is used.

“\(2\) Nature of transferred entitlement.—Except as

provided under subsection \(e\)\(2\) and subject to paragraphs

\(5\) and \(6\), the recipient of entitlement transferred under

this section is entitled to educational assistance under this

chapter in the same manner as the individual from whom the

entitlement was transferred.

“\(3\) Rate of payment.—The monthly rate of educational

assistance payable to a dependent to whom entitlement

referred to in paragraph \(2\) is transferred under this

section shall be payable at the same rate as such entitlement

would otherwise be payable under this chapter to the

individual making the transfer.

“\(4\) Death of transferor.—

“\(A\) In general.—The death of an individual transferring

an entitlement under this section shall not affect the use of

the entitlement by the dependent to whom the entitlement is

transferred.

“\(B\) Death prior to transfer to designated transferees.—

\(i\) In the case of an eligible individual whom the Secretary,

in consultation with the Secretary of Defense, has approved

to transfer the individual's entitlement under this section

who, at the time of death, is entitled to educational

assistance under this chapter and has designated a transferee

or transferees under subsection \(e\) but has not transferred

all of such entitlement to such transferee or transferees,

the Secretary shall transfer the entitlement of the

individual under this section by evenly distributing the

amount of such entitlement between all such transferees who

would not be precluded from using some or all of the

transferred benefits due to the expiration of time

limitations found in paragraph \(5\) of this subsection or

section 3321 of this title, notwithstanding the limitations

under subsection \(f\).

“\(ii\) If a transferee cannot use all of the transferred

benefits under clause \(i\) because of expiration of a time

limitation, the unused benefits will be distributed among the

other designated transferees who would not be precluded from

using some or all of the transferred benefits due to

expiration of time limitations found in paragraph \(5\) of this

subsection or section 3321 of this title, unless or until

there are no transferees who would not be precluded from

using the transferred benefits because of expiration of a

time limitation.

“\(C\) Death prior to designation of transferees.—In the

case of an eligible individual whom the Secretary, in

consultation with the Secretary of Defense, has approved to

transfer the individual's entitlement under this section who,

at the time of death, is entitled to educational assistance

under this chapter and has eligible dependents but has not

designated a transferee or transferees under subsection \(e\),

the Secretary shall transfer the entitlement of the

individual under this section by evenly distributing the

amount of such entitlement between all such eligible

dependents who would not be precluded from using some or all

of the transferred benefits due to the expiration of time

limitations found in paragraph \(5\) of this subsection or

section 3321 of this title, notwithstanding the limitations

under subsection \(f\).

“\(5\) Limitation on age of use by child transferees.—

“\(A\) In general.—A child to whom entitlement is

transferred under this section may use the benefits

transferred without regard to the 15-year delimiting date

specified in section 3321 of this title, but may not, except

as provided in subparagraph \(B\) or \(C\), use any benefits so

transferred after attaining the age of 26 years.

“\(B\) Primary caregivers of seriously injured members of

the armed forces and veterans.—

“\(i\) In general.—Subject to clause \(ii\), in the case of a

child who, before attaining the age of 26 years, is prevented

from pursuing a chosen program of education by reason of

acting as the primary provider of personal care services for

a veteran or member of the Armed Forces under section

1720G\(a\) of this title, the child may use the benefits

beginning on the date specified in clause \(iii\) for a period

whose length is specified in clause \(iv\).

“\(ii\) Inapplicability for revocation.—Clause \(i\) shall

not apply with respect to the period of an individual as a

primary provider of personal care services if the period

concludes with the revocation of the individual's designation

as such a primary provider under section 1720G\(a\)\(7\)\(D\) of

this title.

“\(iii\) Date for commencement of use.—The date specified

in this clause for the beginning of the use of benefits by a

child under clause \(i\) is the later of—

“\(I\) the date on which the child ceases acting as the

primary provider of personal care services for the veteran or

member concerned as described in clause \(i\);

“\(II\) the date on which it is reasonably feasible, as

determined under regulations prescribed by the Secretary, for

the child to initiate or resume the use of benefits; or

“\(III\) the date on which the child attains the age of 26

years.

“\(iv\) Length of use.—The length of the period specified

in this clause for the use of benefits by a child under

clause \(i\) is the length equal to the length of the period

that—

“\(I\) begins on the date on which the child begins acting

as the primary provider of personal care services for the

veteran or member concerned as described in clause \(i\); and

“\(II\) ends on the later of—

“\(aa\) the date on which the child ceases acting as the

primary provider of personal care services for the veteran or

member as described in clause \(i\); or

“\(bb\) the date on which it is reasonably feasible, as so

determined, for the child to initiate or resume the use of

benefits.

“\(C\) Emergency situations.—In any case in which the

Secretary determines that an individual to whom entitlement

is transferred under this section has been prevented from

pursuing the individual's chosen program of education before

the individual attains the age of 26 years because the

educational institution or training establishment closed

\(temporarily or permanently\) under an established policy

based on an Executive order of the President or due to an

emergency situation, the Secretary shall extend the period

during which the individual may use such entitlement for a

period equal to the number of months that the individual was

so prevented from pursuing the program of education, as

determined by the Secretary.

“\(6\) Scope of use by transferees.—The purposes for which

a dependent to whom entitlement is transferred under this

section may use such entitlement shall include the pursuit

and completion of the requirements of a secondary school

diploma \(or equivalency certificate\).

“\(7\) Additional administrative provisions.—The

administrative provisions of this chapter shall apply to the

use of entitlement transferred under this section, except

that the dependent to whom the entitlement is transferred

shall be treated as the eligible individual for purposes of

such provisions.

“\(i\) Overpayment.—In the event of an overpayment of

educational assistance with respect to a dependent to whom

entitlement is transferred under this section, the dependent

and the individual making the transfer shall be jointly and

severally liable to the United States for the amount of the

overpayment for purposes of section 3685 of this title.

“\(j\) Regulations.—\(1\) The Secretary shall, in

consultation with the Secretary of Defense, prescribe

regulations for purposes of this section.

“\(2\) Such regulations shall specify—

“\(A\) the manner of authorizing the transfer of

entitlements under this section;

“\(B\) the eligibility criteria in accordance with

subsection \(b\); and

“\(C\) the manner and effect of an election to modify or

revoke a transfer of entitlement under subsection \(f\)\(1\).

“\(k\) Transfer by Dependent.—In the case of an individual

who transfers entitlement to educational assistance under

this section who dies before the dependent to whom

entitlement to educational assistance is so transferred has

used all of such entitlement, such dependent may transfer

such entitlement to another eligible dependent in accordance

with the provisions of this section.

“\(l\) Coordination.—The Secretary of Veterans Affairs and

the Secretary of Defense shall coordinate with each other to

facilitate the transfer of entitlement under this section.”.

\(b\) Clerical Amendment.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 3319 the following new item:

“3319A. Authority for recipients of Purple Heart to transfer unused

Post-9/11 Educational Assistance to a family member.”.

SA 5909. Mr. SHEEHY \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal

year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the

following:

SEC. \_\_. ENHANCEMENT OF DIPLOMATIC ENGAGEMENT ON

INTERNATIONAL BIODEFENSE, BIOSECURITY, AND

BIOTECHNOLOGY MATTERS.

\(a\) In General.—The Secretary of State shall advance

United States foreign policy goals to improve cooperation in

the field of international biodefense, biosecurity, and

biotechnology matters with United States allies and partners,

including by carrying out the activities described in this

section.

\(b\) Policy Development.—The Secretary of State, acting

through the Under Secretary for Arms Control and

International Security if the Secretary so delegates, in

coordination with the Under Secretary for Political Affairs

and the Permanent Representative of the United States to the

North Atlantic Treaty Organization \(NATO\), shall pursue

enhanced biodefense cooperation within NATO, including by—

\(1\) advocating for the prioritization of policy development

within NATO relating to biodefense, including in the areas of

biotechnology, biosurveillance, and countermeasures in the

field of biological threats;

\(2\) identifying and evaluating opportunities to strengthen

NATO planning, policies, and activities relating to

biodefense and biotechnology;

\(3\) pursuing potential revisions or amendments to the NATO

Chemical, Biological, Radiological, and Nuclear Defence

Policy to further enhance biodefense efforts in NATO;

\(4\) coordinating with NATO member states to prioritize and

implement measures described in the NATO Chemical,

Biological, Radiological, and Nuclear Defence Policy;

\(5\) strengthening NATO interoperability and allied forces

capabilities in resilience, detection, attribution, emergency

response, and recovery in the event of a weaponized

biological attack;

\(6\) evaluating opportunities for expanded NATO capabilities

to research, develop, and deploy biotechnology for

international security purposes; and

\(7\) promoting adherence by NATO member states to the

highest standards of safety and security in biological

research.

\(c\) Cooperation With United States Allies and Partners.—

The Secretary of State, acting through the Under Secretary

for Arms Control and International Security if the Secretary

so delegates, in coordination with the Under Secretary for

Political Affairs, shall pursue international biotechnology,

biosecurity, and biodefense cooperation with United States

allies and partners, including—

\(1\) exploring potential areas of cooperation with countries

that are major non-NATO allies in biotechnology, biosecurity,

and biodefense matters;

\(2\) coordinating with allied and partner countries,

including NATO countries, on formulation of export control

policies in the field of biotechnology, including items that

may be identified as dual-use items that would pose a

substantial risk to national security if used for military

end-uses, such as items that could enable the development of

bioweapons;

\(3\) promoting adherence by United States allies and

partners to the highest standards of safety and security in

biological research; and

\(4\) collaborating on efforts to enforce the Biological

Weapons Convention.

\(d\) Strategies.—

\(1\) NATO biodefense strategy.—The Secretary of State,

acting through the Under Secretary for Arms Control and

International Security if the Secretary so delegates, in

coordination with the Under Secretary for Political Affairs,

shall develop a strategy, to be known as the “NATO

Biodefense Strategy”, which shall include—

\(A\) an assessment of current cooperation between the United

States and NATO member states in biotechnology,

biosurveillance, biological threat countermeasures, and other

biodefense capabilities;

\(B\) an identification of strategic planning and deployment

gaps in NATO relating to biotechnology and biodefense;

\(C\) recommendations to address gaps identified under

subparagraph \(B\), including through coordination with NATO

member states, capability development, and coordination

mechanisms; and

\(D\) an assessment of current Department of State

cooperation with other United States Government agencies in

biodefense, biotechnology, biosecurity, biosurveillance, and

biological threat countermeasures.

\(2\) International biotechnology, biosecurity, and

biodefense cooperation strategy.—The Secretary of State,

acting through the Under Secretary for Arms Control and

International Security if the Secretary so delegates, in

coordination with the Under Secretary for Political Affairs,

shall develop a strategy, to be known as the “International

Biotechnology, Biosecurity, and Biodefense Cooperation

Strategy”, which shall include—

\(A\) proposals for commitments or agreements under which the

United States and United States allies and partners,

including countries that are major non-NATO allies, may

expand cooperation on international security matters relating

to biotechnology, biosecurity, and biodefense;

\(B\) an assessment of the feasibility and effectiveness of

coordinating export control efforts, in addition to existing

export control regimes such as the Wassenaar Arrangement and

the Australia Group, related to biotechnology items that may

pose national security risks if used for military end uses;

and

\(C\) an overview of nonproliferation, anti-terrorism,

demining, and related \(NADR\) programs and funds for the

purposes of enhancing capabilities and capacities to address

international biosecurity threats and recommendations for the

use of Department of State programs and funds, including NADR

programs and funds, to expand cooperation outlined in

subparagraph \(A\) and increase the effectiveness of export

control efforts identified in subparagraph \(B\).

\(3\) Limitation.—The strategies developed under paragraphs

\(1\) and \(2\) shall be limited to addressing threats posed by

biological agents and toxins as such terms are defined in

section 178 of title 18, United States Code.

\(e\) Report.—

\(1\) In general.—Not later than 270 days after the date of

the enactment of this Act, the Secretary of State, acting

through the Under Secretary for Arms Control and

International Security if the Secretary so delegates, shall

submit to the appropriate congressional committees a report

that contains the strategies required by subsection \(d\).

\(2\) Form.—The report required by this subsection shall be

submitted in unclassified form but may include a classified

annex if submitted separately from the unclassified portion.

\(f\) Congressional Briefing.—Not later than 90 days after

the date of the enactment of this Act, the Under Secretary

for Arms Control and International Security shall provide a

briefing to the appropriate congressional committees in

response to significant developments relating to—

\(1\) the contents of the report required by subsection \(e\);

and

\(2\) other material developments in biotechnology and

biosecurity globally that may affect United States national

security interests.

\(g\) Definitions.—In this section—

\(1\) 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 the

Representatives.

\(2\) the term “biodefense” means actions to counter

biological threats, reduce risks, and prepare for, respond

to, and recover from biological incidents;

\(3\) the term “biological threat” means entities involved

with, or a situation involving, a biological hazard that can

potentially cause a biological incident;

\(4\) the term “Biological Weapons Convention” means the

Convention on the Prohibition of the Development, Production

and Stockpiling of Bacteriological and Toxin Weapons and on

their Destruction, done at Washington, London, and Moscow

April 10, 1972, and entered into force March 26, 1975.

\(5\) the term “biosecurity” means policies, practices, and

controls that reduce the risk of loss, theft, misuse,

diversion of, or intentional unauthorized release of

biological materials;

\(6\) the term “biosurveillance” means the process of

gathering, integrating, interpreting, and communicating

essential information and indications related to all-hazard

threats or disease activity affecting human, animal, plant,

and environmental health to achieve early detection and

provide early warning and contribute to overall situational

awareness of the health aspects of a biological incident to

support and enhance decision-making at all levels;

\(7\) the term “biotechnology” means the use of biological

processes, organisms, or systems for manufacturing, research,

or medical purposes, including genetic engineering, synthetic

biology, and bioinformatics; and

\(8\) the term “countries that are major non-NATO allies”

means countries designated pursuant to section 517 of the

Foreign Assistance Act of 1961 \(22 U.S.C. 2321k\).

SA 5910. Mr. SHEEHY \(for himself and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. \_\_. ANNUAL LIST OF PRC ENTITIES CARRYING OUT MINING

INVOLVING FORCED LABOR OR CAUSING ENVIRONMENTAL

HARM IN AFRICAN COUNTRIES.

\(a\) Definitions.—In this section:

\(1\) Artisanal and small-scale mining.—The term “artisanal

and small-scale mining” means a form of mining common in the

developing world that—

\(A\) typically employs rudimentary and low-cost extractive

technologies and manual labor-intensive techniques;

\(B\) is frequently subject to limited regulation; and

\(C\) often features inhumane, harsh, and dangerous working

conditions.

\(2\) Critical mineral.—The term “critical mineral” has

the meaning given that term in

section 7002\(a\) of the Energy Act of 2020 \(30 U.S.C.

1606\(a\)\).

\(3\) Environmental harm to a protected area.—The term

“environmental harm to a protected area” means damage to

the environment of a protected area, such as—

\(A\) contamination of water resources, streams, rivers,

lakes, or other bodies of water, including wells, aquifers,

or soil;

\(B\) soil degradation or erosion; or

\(C\) degradation of aquatic or terrestrial ecosystems or

biodiversity loss.

\(4\) Forced labor.—The term “forced labor” has the

meaning given that term in section 307 of the Tariff Act of

1930 \(19 U.S.C. 1307\).

\(5\) Large-scale mining.—The term “large-scale mining”

means capital-intensive, usually highly mechanized, typically

industrial-scale mining carried out by large commercial

entities.

\(6\) PRC entity.—The term “PRC entity” means—

\(A\) an entity under the ownership, control, or influence

of—

\(i\) the Government of the People's Republic of China;

\(ii\) the Chinese Communist Party; or

\(iii\) a military, intelligence, or paramilitary entity of

the Chinese Communist Party or the People's Republic of

China;

\(B\) an entity that is organized under the laws of, or

otherwise subject to the jurisdiction of, the People's

Republic of China \(including Hong Kong and Macau\);

\(C\) an entity majority-owned, majority-controlled, or

majority-financed by an entity described in subparagraph \(A\)

or \(B\); or

\(D\) a parent, subsidiary, affiliate, or contractor of an

entity described in subparagraph \(A\), \(B\), or \(C\), including

a joint venture in which an entity described in subparagraph

\(A\), \(B\), or \(C\) holds a controlling interest.

\(7\) Protected area.—The term “protected area” means any

area that has received protected status in the country in

which the area is located, such as a national park, game

refuge, ecosystem reserve, or other nature preserve.

\(8\) Relevant congressional committees.—The term “relevant

congressional committees” means the Committee on Foreign

Relations of the Senate and the Committee on Foreign Affairs

of the House of Representatives.

\(b\) In General.—Not less frequently than once each year

during the 5-year period beginning on the date of the

enactment of this Act, the Secretary of State shall submit to

the relevant congressional committees, and make publicly

available, including on the internet, a list of—

\(1\) each PRC entity that the Secretary reasonably assesses

is carrying out mining, including large-scale mining or

artisanal and small-scale mining, of critical minerals, gold,

or iron in the Democratic Republic of the Congo, Nigeria,

Guinea, Zambia, South Africa, Zimbabwe, or any other country

in Africa—

\(A\) using forced labor; or

\(B\) in a manner that causes environmental harm to a

protected area in the country concerned; and

\(2\) each mine, mining zone, or concession at which such

mining is carried out.

\(c\) Development of List.—In developing each list required

by subsection \(b\), the Secretary of State shall—

\(1\) use open-source information, including from press

sources and academic, non-profit, and other non-state

research organizations or individual researchers, and

information received, collected, or otherwise obtained by

United States embassies; and

\(2\) consult with the Secretary of Labor, through the Bureau

of International Labor Affairs of the Department of Labor,

the Secretary of Commerce, the Secretary of the Treasury, the

Director of National Intelligence, and other heads of Federal

departments and agencies, and the foreign country

counterparts of such individuals in the countries specified

in subsection \(b\)\(1\).

\(d\) Form.—Each list required by subsection \(b\) shall be

made publicly available and submitted to the relevant

congressional committees in unclassified form, but the

version submitted to the relevant congressional committees

may include a classified annex, if warranted.

SA 5911. Mr. SHEEHY \(for himself and Mr. Padilla\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1510A. PROCUREMENT OF COMMERCIAL SPACE-BASED DATA TO

SUPPORT WILDFIRE RESILIENCE.

\(a\) Procurement.—Subject to the availability of

appropriations for such purpose, the Secretary of the Air

Force, acting through the Commercial Space Office and in

coordination with the FireGuard program of the National Guard

and the Commander of the United States Northern Command,

shall procure space-based commercial data and end products to

support the efforts of the Department of Defense and the

wildfire mission of the United States Northern Command by

delivering timely, effective military support to the Federal

Government and State, local, and Tribal governments to

protect military readiness and installations, provide

emergency military support to civil authorities, and conduct

proactive wildland fire management.

\(b\) Authorized Sharing.—The Secretary may share space-

based commercial data and end products procured under

subsection \(a\) with State, local, and Tribal governments to

assist with firefighting efforts.

SA 5912. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XXXI, insert the

following:

SEC. . LIMITATION RELATING TO RECLASSIFICATION OF

HIGHLEVEL WASTE.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2027 for the

Department of Energy may be obligated or expended by the

Secretary of Energy to apply the interpretation of high-level

radioactive waste described in the notice published by the

Secretary titled “Supplemental Notice Concerning U.S.

Department of Energy Interpretation of High-Level Radioactive

Waste” \(84 Fed. Reg. 26835\), or a successor notice, with

respect to such waste located in the State of Washington.

SA 5913. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 G of title X, insert

the following:

SEC. \_\_. NATIONAL TALENT STRATEGY ACT.

\(a\) Short Title.—This section be cited as the “National

Talent Strategy Act of 2026”.

\(b\) Talent Working Group.—

\(1\) Establishment.—Not later than 120 days after the date

of enactment of this Act, the Secretary of Labor shall

establish a working group to be known as the “American

Talent Working Group” \(in this section referred to as the

“Working Group”\) to serve as a standing forum for aligning

Federal policy, funding, and data infrastructure related to

education, workforce, and talent.

\(2\) Composition.—The Working Group shall be composed of

the following:

\(A\) The Secretary of Commerce.

\(B\) The Secretary of Defense.

\(C\) The Secretary of Health and Human Services.

\(D\) The Secretary of Homeland Security.

\(E\) The Secretary of Labor.

\(F\) The Secretary of Education.

\(G\) The Secretary of Energy.

\(H\) The Secretary of Agriculture.

\(I\) The Chief Executive Officer of the Corporation for

National and Community Service.

\(J\) The Secretary of Transportation.

\(K\) A representative from the Council of Economic Advisers.

\(L\) A representative from the Domestic Policy Council.

\(M\) The Chief Executive Officer of the Internal Revenue

Service.

\(N\) The Director of the Office of Management and Budget.

\(O\) The Commissioner of Labor Statistics.

\(P\) The Director of the Office of Personnel Management.

\(Q\) The Director of the Office of Science and Technology

Policy.

\(R\) The Director of the National Science Foundation.

\(3\) Activities.—The Working Group shall—

\(A\) drive the development of the Federal strategic talent

plan outlined in subsection \(c\);

\(B\) meet not less often than once a year to report on

workforce development activities to improve communication and

alignment of programs;

\(C\) identify challenges and barriers to the reach,

utilization, and successful outcomes of workforce development

programs;

\(D\) submit a report, not later than 30 days after the date

of a meeting, to the Committee on Health, Education, Labor,

and Pensions of the Senate and the Committee on Education and

Workforce of the House of Representatives summarizing key

points from the meeting, common barriers identified, and any

recommendations;

\(E\) engage regularly with State and local governments,

business leaders, labor organizations, and institutions of

higher education; and

\(F\) ensure that workforce programs are aligned with updates

to the President's List of Critical and Emerging Technologies

\(CET\) and consider related skills needs and talent

development strategies.

\(c\) Comprehensive Federal Strategic Plan.—

\(1\) In general.—Not later than 1 year after the date of

enactment of this Act, the Secretary of Labor, in

coordination with the Working Group and with representatives

from industries and labor organizations \(as defined in

section 2 of the National Labor Relations Act \(29 U.S.C.

152\)\) that are connected with Federal workforce development

programs, shall develop a comprehensive Federal strategic

talent plan that complies with each of the following:

\(A\) Evaluates all workforce programs across the Federal

Government and provides analysis on program participation,

program outcomes for participants, program effectiveness in

meeting statutory goals, identifies areas of overlap among

programs, and identifies areas where programs could have more

efficient strategic alignment.

\(B\) Identifies and evaluates barriers to national workforce

readiness with a focus on the following areas, and identifies

the capacity of existing national workforce development

programs to support reducing the identified barriers:

\(i\) Industries of importance to national security and

national defense.

\(ii\) Industries projected to have significant job growth in

the next decade.

\(iii\) Industries of importance to global economic

competitiveness.

\(iv\) Domestic manufacturing and industrial capacity.

\(v\) Industries that offer consistent, high-wage career

pathways for workers.

\(C\) Creates an interagency strategic plan to—

\(i\) address barriers identified in subparagraph \(B\) through

existing or new Federal workforce development initiatives;

\(ii\) increase labor force participation across populations;

\(iii\) increase the reach of Federal workforce programs to

populations such programs are intended to serve;

\(iv\) increase utilization of apprenticeships registered

under the Act of August 16, 1937 \(commonly known as the

“National Apprenticeship Act”; 50 Stat. 664, chapter 663;

29 U.S.C. 50 et seq.\); and

\(v\) support workers affected by automation or other

disruptive impacts of artificial intelligence and emerging

technologies.

\(D\) Includes recommendations to Congress to resolve

inefficiencies and address barriers in Federal workforce

development programs.

\(2\) Update.—The comprehensive Federal strategic talent

plan developed under paragraph \(1\) shall—

\(A\) be submitted to the Committee on Health, Education,

Labor, and Pensions of the Senate and the Committee on

Education and Workforce of the House of Representatives; and

\(B\) be updated every 2 years.

SA 5914. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . TIMBER PRODUCTION EXPANSION GUARANTEED LOAN

PROGRAM.

\(a\) Definitions.—In this section:

\(1\) Eligible entity.—The term “eligible entity” means an

individual or entity that owns or operates a sawmill or other

wood-processing facility located in a rural area \(as defined

in section 343\(a\) of the Consolidated Farm and Rural

Development Act \(7 U.S.C. 1991\(a\)\)\) of the United States.

\(2\) Eligible federal land.—The term “eligible Federal

land” means any unit of Federal land, including Indian

forest land or rangeland, that has been identified by the

Secretary, in coordination with the Secretary of the

Interior, as high or very high priority for ecological

restoration involving vegetation removal under subsection

\(b\).

\(3\) Program.—The term “Program” means the Timber

Production Expansion Guaranteed Loan Program of the

Department of Agriculture.

\(4\) Secretary.—The term “Secretary” means the Secretary

of Agriculture.

\(b\) Identification of Eligible Federal Land.—Not later

than 1 year after the date of enactment of this Act, and not

less frequently than once every 5 years thereafter, the

Secretary, in coordination with the Secretary of the

Interior, shall—

\(1\) review Federal land under the jurisdiction of the

Secretary or the Secretary of the Interior; and

\(2\) identify units of Federal land that, as determined by

the Secretaries, are high or very high priority for

ecological restoration involving vegetation removal.

\(c\) Loan Guarantees.—

\(1\) In general.—The Secretary, in coordination with the

Secretary of the Interior, shall provide loan guarantees

under the Program to eligible entities seeking to establish,

reopen, retrofit, expand, or improve a sawmill or other wood-

processing facility located within a 250-mile radius of, a

unit of eligible Federal land, if the presence of a sawmill

or other wood-processing facility would, or does,

substantially decrease the cost of conducting ecological

restoration projects involving vegetation removal on the

eligible Federal land, as determined by the Secretary, in

coordination with the Secretary of the Interior.

\(2\) Conditions.—A loan guarantee under the Program shall

be provided in accordance with such conditions as the

Secretary determines to be necessary.

\(3\) Maximum amount.—The Secretary may provide a total of

not more than $220,000,000 in loan guarantees under the

Program.

SA 5915. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. PROTECTING U.S. FISHERS FROM ILLEGAL FOREIGN

FLAGS.

\(a\) Short Title.—This section may be cited as the

“Protecting U.S. Fishers from Illegal Foreign Flags Act of

2026”.

\(b\) Amendments to the High Seas Driftnet Fishing Moratorium

Protection Act.—Section 609 of the High Seas Driftnet

Fishing Moratorium Protection Act \(16 U.S.C. 1826j\) is

amended—

\(1\) in subsection \(a\)\(2\), by adding at the end the

following:

“\(E\) Any nation that allows vessels to be operated under

the laws of the nation without confirming a genuine link \(as

described in Article 5\(1\) of the United Nations Convention on

the High Seas, done at Geneva on April 29, 1958 and entered

into force September 30, 1962\) between the nation and the

persons or entities with beneficial ownership and control of

the vessel, and that, as a result, fails to effectively

exercise flag state responsibilities as described in

subparagraphs \(A\) through \(C\).”; and

\(2\) in subsection \(e\), by striking paragraph \(2\) and

inserting the following:

“\(2\) Secretary to amend term within legislative

guidelines.—Not later than 90 days after the date of

enactment of the Protecting U.S. Fishers from Illegal Foreign

Flags Act of 2026, the Secretary shall amend the definition

of the term \`illegal, unreported, or unregulated fishing'

published at part 300.201 of title 50, Code of Federal

Regulations \(as in effect on the date of enactment of such

Act\) to be consistent with section 3532\(6\) of the Maritime

SAFE Act \(16 U.S.C. 8001\(6\)\).”.

SA 5916. Mr. SHEEHY \(for himself and Mr. Risch\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 F—Limiting Foreign Assistance to the Taliban

SEC. 1271. SHORT TITLE.

This subtitle may be cited as the “No Tax Dollars for

Terrorists Act”.

SEC. 1272. STRATEGY TO OPPOSE FOREIGN ASSISTANCE BY FOREIGN

COUNTRIES AND NONGOVERNMENTAL ORGANIZATIONS TO

THE TALIBAN.

\(a\) Statement of Policy.—It is the policy of the United

States—

\(1\) to oppose the provision of foreign assistance by

foreign countries and nongovernmental organizations to the

Taliban, particularly those countries and organizations that

receive United States-provided foreign assistance; and

\(2\) to review United States-provided foreign assistance to

such foreign countries and nongovernmental organizations that

have provided foreign assistance to the Taliban.

\(b\) Report.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of State shall submit to

the appropriate congressional committees a report

identifying, to the extent possible—

\(1\) foreign countries and nongovernmental organizations

that have provided foreign assistance to the Taliban,

including—

\(A\) the amount of United States-provided foreign assistance

each country or organization receives, if any;

\(B\) the amount of foreign assistance each country or

organization has provided to the Taliban; and

\(C\) a description of how the Taliban has utilized such

foreign assistance; and

\(2\) efforts the United States has taken since August 2021

to oppose foreign countries and nongovernmental organizations

from providing foreign assistance to the Taliban,

particularly those foreign countries and organizations that

receive United States-provided foreign assistance.

\(c\) Strategy and Reports.—

\(1\) In general.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of State shall

develop and implement a strategy to discourage foreign

countries and nongovernmental organizations from providing

foreign assistance to the Taliban. The strategy shall include

efforts to support Afghan women and girls who

are suffering under Taliban edicts, in a way that does not

support the Taliban, and efforts to relocate eligible, fully

vetted, at-risk Afghans and Afghan allies located inside and

outside of Afghanistan to the United States or third

countries.

\(2\) Reports.—

\(A\) Initial report.—Not later than the date on which the

strategy required by paragraph \(1\) is completed, the

Secretary of State shall submit to the appropriate

congressional committees a report detailing the strategy and

a plan for its implementation.

\(B\) Subsequent reports.—Not later than 180 days after the

date on which the strategy required by paragraph \(1\) is

completed, and every 180 days thereafter for 5 years, the

Secretary of State shall submit to the appropriate

congressional committees a report on the implementation of

the strategy, including the impact of the strategy in

discouraging foreign countries and nongovernmental

organizations from providing financial or material support to

the Taliban.

\(C\) Additional report.—

\(i\) In general.—Not later than 30 days after the date of

the enactment of this Act, the Secretary of State shall

submit to the appropriate congressional committees a report

on the decision to terminate the bounty on Sirajuddin Haqqani

and other key members of the Haqqani Network under the

Rewards for Justice program.

\(ii\) Matters to be included.—The report required by this

subparagraph shall include the following:

\(I\) The status of the bounty on Sirajuddin Haqqani, Abdul

Aziz Haqqani, and Yahya Haqqani under the Rewards for Justice

program and the rationale for any changes made since

September 1, 2021.

\(II\) An identification of members of the Haqqani Network

who are Specially Designated Global Terrorists and the status

of the designation of the Haqqani Network as a foreign

terrorist organization.

\(III\) A description of any United States Government

engagements with Sirajuddin Haqqani, Abdul Aziz Haqqani,

Yahya Haqqani, or the Haqqani Network since September 1,

2021.

\(IV\) Whether new information has emerged relating to the

involvement of the Haqqani Network in terrorist attacks

targeting the United States Military or United States

civilians.

\(iii\) Form.—The report required by this subparagraph shall

be submitted in unclassified form but may include a

classified annex.

SEC. 1273. REPORT ON DIRECT CASH ASSISTANCE PROGRAMS IN

AFGHANISTAN.

\(a\) In General.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of State shall

submit to the appropriate congressional committees a report

on United States Government-funded direct cash assistance

programs in Afghanistan during the period beginning on August

1, 2021, and ending on the date that is 30 days after the

date of enactment of this Act.

\(b\) Matters to Be Included.—The report required by

subsection \(a\) shall, with respect to such direct cash

assistance programs, include—

\(1\) a general description of the types of implementing

partners and recipients;

\(2\) a description of method of payments;

\(3\) a description of how and where currency exchanges

occur;

\(4\) a description of how hawalas are used and the oversight

mechanism in place regarding use of hawalas to transfer

funds; and

\(5\) a description of how oversight is conducted, including

information on how the Department of State prevents the

Taliban from accessing cash assistance under such programs.

\(c\) Hawala Defined.—In this section, the term “hawala' ”

means a system of transferring money through a network of

money lending brokers.

SEC. 1274. REPORT ON STATUS OF AFGHAN FUND.

\(a\) In General.—Not later than 90 days after the date of

the enactment of this Act, and every 180 days thereafter for

5 years, the Secretary of State, in consultation with the

Secretary of the Treasury, shall submit to the appropriate

congressional committees a report on the status of the Afghan

Fund.

\(b\) Matters to Be Included.—The report required by

subsection \(a\) shall, to the extent possible, include—

\(1\) a list of Taliban members working at Da Afghanistan

Bank or serving on the Bank's board; and

\(2\) a description of—

\(A\) the Taliban's influence over Da Afghanistan Bank;

\(B\) the Afghan Fund's board of trustees, including how the

Fund's trustees were vetted and selected, and what United

States agencies were involved in the vetting and selection

process;

\(C\) the conditions necessary for funds in the Afghan Fund

to be released to Da Afghanistan Bank;

\(D\) how the Afghan Fund's board of trustees will decide on

the type and appropriateness of the Fund's activities,

including what kind of information will inform the board's

decisions and how the board will collect and verify this

information; and

\(E\) a description of what controls have been put into place

to ensure funds are not diverted to or misused by the Taliban

or other actors when the Fund begins making disbursements.

SEC. 1275. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this subtitle, the term “appropriate congressional

committees' ” means—

\(1\) the Committee on Foreign Affairs and the Committee on

Appropriations of the House of Representatives; and

\(2\) the Committee on Foreign Relations and the Committee on

Appropriations of the Senate.

SA 5917. Mr. CORNYN \(for himself and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1210. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE

CAPACITY OF LATIN AMERICAN AND CARIBBEAN LAW

ENFORCEMENT AGENCIES TO DISRUPT PRC ORGANIZED

CRIMINAL GROUPS.

\(a\) Short Title.—This section may be cited as the

“Eliminate PRC Organized Crime Act”.

\(b\) In General.—Chapter 8 of part I of the Foreign

Assistance Act of 1961 \(22 U.S.C. 2291 et seq.\) is amended by

adding at the end the following:

“SEC. 490A. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE

CAPACITY OF LATIN AMERICAN AND CARIBBEAN LAW

ENFORCEMENT AGENCIES TO DISRUPT PRC ORGANIZED

CRIMINAL GROUPS.

“\(a\) In General.—Notwithstanding section 660, the

Secretary of State may establish a program to provide

assistance to strengthen the capacity of law enforcement

agencies of the countries described in subsection \(e\) to help

such agencies collect information on, disrupt, and prosecute

transnational criminal organizations linked to the People's

Republic of China \(referred to in this section as \`PRC'\) that

are engaged in narcotics trafficking, money laundering,

illicit finance, transnational repression, illegal,

unreported, and unregulated \(IUU\) fishing, foreign

interference, and other related activities the Secretary

determines are appropriate.

“\(b\) Coordination.—Assistance authorized under subsection

\(a\) shall be provided in coordination with the Attorney

General and, if appropriate, the Director of National

Intelligence.

“\(c\) Assistance Described.—Assistance authorized under

subsection \(a\) may include—

“\(1\) consultation between law enforcement agencies in the

countries described in subsection \(e\) and Federal, State, and

local law enforcement agencies with experience investigating,

disrupting, and prosecuting PRC-linked transnational criminal

organizations that are operating in the United States or

abroad;

“\(2\) training regarding financial investigations, money

laundering and illicit finance prosecution, and asset

forfeiture related to PRC-linked transnational criminal

organizations;

“\(3\) technical assistance, including digital forensics,

telecommunications intercept coordination, and all-source and

open-source intelligence relevant to PRC-linked transnational

criminal organizations; and

“\(4\) support for vetting and screening programs to ensure

foreign law enforcement agencies receiving assistance are not

compromised by PRC-linked transnational criminal

organizations, in accordance with the prohibition under

section 487.

“\(d\) Relationship Certain Certifications.—

“\(1\) In general.—Notwithstanding a determination under

section 490\(a\)\(1\) that a country has demonstrably failed to

adhere to its obligations under applicable international

counternarcotics agreements, assistance authorized under

subsection \(a\) may be provided to such country if the

Secretary of State determines that providing such assistance

is in the national interest of the United States.

“\(2\) Notification.—The Secretary of State may not provide

assistance pursuant to paragraph \(1\) unless not later than 15

days before providing such assistance, the Secretary submits

to the appropriate congressional committees a determination

that providing such assistance is in the national interest of

the United States.

“\(e\) Countries Described.—The foreign countries described

in this subsection are countries in Latin America and the

Caribbean where PRC-linked transnational criminal

organizations engage in criminal activities, including

narcotics trafficking, money laundering, illicit finance,

human trafficking, illegal, unreported, and unregulated \(IUU\)

fishing, and foreign interference.

“\(f\) Report on PRC Organized Crime in Latin America.—

“\(1\) In general.—Not later than 1 year after the date of

the enactment of this Act, the Director of National

Intelligence, in coordination with the Secretary of State,

shall submit a report to the appropriate congressional

committees that—

“\(A\) identifies all United States assistance provided to

countries under this section, including each country that

received assistance and a description of the assistance

provided, including assistance amount and intended outcomes;

“\(B\) summarizes known organized criminal activity by PRC-

linked transnational criminal organizations taking place in

Latin American or the Caribbean; and

“\(C\) summarizes all known instances of the PRC providing

law enforcement assistance or support to the countries

described in subsection \(e\) to facilitate or disrupt such

criminal activity;

“ “\(D\) analyzes the status of PRC efforts to negotiate,

conclude, or expand bilateral policing and law enforcement

cooperation agreements with the countries described in

subsection \(e\);

“\(E\) analyzes patterns, behaviors, and linkages involving

PRC-linked transnational criminal organizations operating in

Latin America and Caribbean countries, as compared to such

organizations operating in other continents, regions, and

jurisdictions, to identify cross-regional patterns that

inform regional threat assessments; and

“\(F\) identifies any mutual legal assistance treaty

requests or other such assistance submitted by each county

that receives assistance described in subparagraph \(A\), and

the status of such requests.

“\(2\) Classified form.—To the extent possible, the report

required under paragraph \(1\) shall be submitted in

unclassified form, with a classified annex, if necessary.

“\(g\) Definitions.—In this section:

“\(1\) Appropriate congressional committees.—The term

\`appropriate congressional committees' means—

“\(A\) the Committee on Foreign Relations of the Senate;

“\(B\) the Select Committee on Intelligence of the Senate;

“\(C\) the Committee on Appropriations of the Senate;

“\(D\) the Committee on the Judiciary of the Senate;

“\(E\) the Caucus on International Narcotics Control of the

Senate;

“\(F\) the Committee on Foreign Affairs of the House of

Representatives;

“\(G\) the Permanent Select Committee on Intelligence of the

House of Representatives;

“\(H\) the Committee on Appropriations of the House of

Representatives; and

“\(I\) the Committee on the Judiciary of the House of

Representatives.

“\(2\) PRC-linked transnational criminal organization.—The

term \`PRC-linked transnational criminal organization' means

an organization that—

“\(A\) includes 1 or more foreign person;

“\(B\) engages in or facilitates an ongoing pattern of

serious criminal activity involving the jurisdictions of at

least 2 foreign states, including the People's Republic of

China, or 1 foreign state and the United States;

“\(C\) threatens the national security, foreign policy, or

economy of the United States; and

“\(D\) meets any other criteria the Secretary determines to

be appropriate.”.

SA 5918. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 12\_\_. REVIEW OF EFFECTIVENESS OF EXPORT CONTROLS AND OF

THREATS POSED BY EXPLOITATION OF

VULNERABILITIES IN INFORMATION AND

COMMUNICATIONS TECHNOLOGY AND SERVICES.

\(a\) In General.—Not later than 90 days after the date of

the enactment of this Act, the Under Secretary of Commerce

for Industry and Security, acting through the Executive

Director of the Office of Information and Communications

Technology and Services, shall complete a review of—

\(1\) the impact on the effectiveness of United States export

controls of operations of United States-domiciled affiliates

of covered foreign entities; and

\(2\) the national security threats posed by the exploitation

by foreign adversaries of vulnerabilities in information and

communications technology and services.

\(b\) Contents.—The review required by subsection \(a\) shall

address the following:

\(1\) Whether United States-domiciled affiliates of covered

foreign entities can acquire items that their ultimate parent

companies are restricted from accessing as a result of United

States export controls.

\(2\) If such affiliates can acquire those items, the impact

on the effectiveness of United States export controls.

\(3\) The risks to the national security of the United States

or the effectiveness of United States export controls, if

any, posed by the operation of foreign-adversary controlled

information and communications technology and services.

\(4\) Whether any specific sectors of foreign-adversary

controlled information and communications technology and

services pose undue risk, such as by undermining the

effectiveness of export controls.

\(5\) What steps, if any, the Under Secretary and the

Executive Director intend to take during the year following

the review to address the matters described in paragraphs \(1\)

through \(4\).

\(6\) Any recommended change to United States law that would

help address those matters.

\(c\) Report Required.—Not later than 30 days after

completing the review required by subsection \(a\), the Under

Secretary, acting through the Executive Director, shall

submit to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate a report on the results of the

review.

\(d\) Definitions.—In this section:

\(1\) Affiliate.—The term “affiliate”, with respect to an

entity, means to be under common ownership or control with

another entity.

\(2\) Covered foreign entity.—The term “covered foreign

entity” means an entity on—

\(A\) the Entity List maintained by the Bureau of Industry

and Security and set forth in Supplement No. 4 to part 744 of

title 15, Code of Federal Regulations; or

\(B\) the Military End-User List maintained by the Bureau of

Industry and Security and set forth in Supplement No. 7 to

part 744 of title 15, Code of Federal Regulations.

SA 5919. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 10\_\_. TEN-YEAR STATUTE OF LIMITATIONS FOR EXPORT CONTROL

VIOLATIONS.

Section 1760 of the Export Control Reform Act of 2018 \(50

U.S.C. 4819\) is amended by adding at the end the following:

“\(g\) Statute of Limitations.—

“\(1\) Time for commencing proceedings.—

“\(A\) In general.—An action, suit, or proceeding for the

enforcement of any civil fine, penalty, or forfeiture,

pecuniary or otherwise, under this section shall not be

entertained if commenced later than 10 years after the date

of the violation upon which the civil fine, penalty, or

forfeiture is based.

“\(B\) Commencement.—For purposes of this paragraph, the

commencement of an action, suit, or proceeding includes the

issuance of a charging letter.

“\(2\) Time for indictment.—No person shall be prosecuted,

tried, or punished for any offense under subsection \(a\)

unless the indictment is found or the information is

instituted within 10 years after the latest date of the

violation upon which the indictment or information is

based.”.

SA 5920. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 10\_\_. APPOINTMENT OF HIGHLY QUALIFIED EXPERTS TO BUREAU

OF INDUSTRY AND SECURITY.

\(a\) In General.—The Under Secretary of Commerce for

Industry and Security, in order to attract to the Bureau of

Industry and Security highly qualified experts in needed

occupations \(as determined by the Under Secretary\), may—

\(1\) conduct an annual study to identify specific gaps in

expertise at the Bureau that have been difficult to fill

through the civil service and constrain the Bureau's ability

to effectively fulfil the Bureau's mandate;

\(2\) notwithstanding any provision of section 3304 or

sections 3309 through 3318 of title 5, United States Code,

appoint personnel from outside the civil service \(as defined

in section 2101 of title 5, United States Code\) that have the

expertise identified pursuant to paragraph \(1\) to positions

in the Bureau; and

\(3\) prescribe the rates of basic pay for positions to which

employees are appointed under paragraph \(2\) 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.

\(b\) 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

subsection \(a\) 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 not more than one additional

year if the Under Secretary determines that such action is

necessary to promote the national security or foreign policy

of the United States.

\(c\) Limitation on Total Annual Compensation.—

Notwithstanding any other provision of this section or of

section 5307 of title 5, United States Code, no additional

payments may be paid to an employee appointed under

subsection \(a\) in any calendar year if, or to the extent

that, the total annual compensation of the employee will

exceed the maximum amount of total annual compensation

payable to the Vice President under section 104 of title 3,

United States Code.

\(d\) Limitation on Number of Employees.—The number of

employees appointed and retained by the Under Secretary under

subsection \(a\) shall not exceed 25 at any time.

\(e\) Report Required.—

\(1\) In general.—Not later than 180 days after the date of

the enactment of this Act, and annually thereafter, the Under

Secretary shall submit to the committees specified in

paragraph \(2\) a report that includes—

\(A\) a list of areas in which the Under Secretary has

identified specific gaps in expertise pursuant to subsection

\(a\)\(1\);

\(B\) a description of the steps taken by the Under Secretary

to appoint personnel with expertise in such areas from within

the civil service during the period specified in paragraph

\(3\);

\(C\) the number of individuals appointed to the Bureau of

Industry and Security under the authority provided by this

section during the period specified in paragraph \(3\);

\(D\) a description of the qualifications of such individuals

and their responsibilities during that period; and

\(E\) a description of the impact of such individuals on

carrying out the mission of the Bureau of Industry and

Security.

\(2\) Committees specified.—The committees specified in this

paragraph are—

\(A\) the Committee on Banking, Housing, and Urban Affairs of

the Senate;

\(B\) the Committee on Oversight and Government Reform of the

House of Representatives; and

\(C\) the Committee on Foreign Affairs of the House of

Representatives.

\(3\) Period specified.—The period specified in this

paragraph is—

\(A\) in the case of the first report required by paragraph

\(1\), the 180-day period preceding submission of the report;

and

\(B\) in the case of any subsequent report required by

paragraph \(1\), the one-year period preceding submission of

the report.

\(f\) Rule of Construction.—Nothing in this section shall be

construed to waive any requirement regarding background

checks or qualifications of applicants to positions with the

Bureau of Industry and Security.

\(g\) Termination.—

\(1\) In general.—The authority provided by this section

shall cease to be effective on the date that is 5 years after

the date of the enactment of this section.

\(2\) Savings provisions.—In the case of an employee who, on

the day before the termination date under paragraph \(1\), is

serving in a position pursuant to an appointment under

subsection \(a\)—

\(A\) the termination of the authority does not terminate the

employee's employment in that position before the expiration

of the lesser of—

\(i\) the period for which the employee was appointed; or

\(ii\) the period to which the employee's service is limited

under subsection \(b\), including any extension made under

paragraph \(2\) of that subsection before the termination of

the authority; and

\(B\) the rate of basic pay prescribed for the position may

not be reduced as long as the employee continues to serve in

the position without a break in service.

SA 5921. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 12\_\_. REPORT ON ARTIFICIAL INTELLIGENCE POWER OF THE

PEOPLE'S REPUBLIC OF CHINA.

\(a\) In General.—Not later than 180 days after the date of

the enactment of this Act, and annually thereafter for 3

years, the Secretaries, in consultation with the covered

agency heads, shall submit to the Committee on Foreign

Affairs of the House of Representatives and the Committee on

Banking, Housing, and Urban Affairs of the Senate a report on

the advanced artificial intelligence capabilities of the PRC,

including the efforts by the PRC relating to supply chains

for advanced artificial intelligence systems.

\(b\) Components.—Each report required under subsection \(a\)

shall also include the following:

\(1\) An assessment of integrated circuits designed or

optimized for advanced artificial intelligence training or

inference by leading artificial intelligence chip designers

in the PRC, including Huawei Technologies Co., Ltd. and

Cambricon Technologies, that includes—

\(A\) with respect to such integrated circuits, the—

\(i\) total processing power;

\(ii\) integer and floating point operations per second at

relevant precision levels;

\(iii\) memory capacity and bandwidth;

\(iv\) interconnect bandwidth;

\(v\) power efficiency;

\(vi\) transistor count and die size;

\(vii\) process node used per design;

\(viii\) energy efficiency;

\(ix\) manufacturing cost and yield assumptions;

\(x\) ability of the integrated circuit to effectively run

artificial intelligence models trained on a different chip

designer's integrated circuit, including measurements such as

model inference in tokens per second and cost per token with

and without a software application layer that improves model

translation ability;

\(xi\) the capability of the most advanced server

configuration produced using the chip designer's integrated

circuits including such technical specifications like

floating point operations per second, memory capacity and

bandwidth, energy efficiency, and ability to function at

scale; and

\(xii\) any future specification that becomes relevant to the

development of future artificial intelligence capability; and

\(B\) with respect to such chip designers—

\(i\) the total number and types of integrated circuits

produced in the year preceding submission of such report and

the projected production number for the year proceeding

submission of such report;

\(ii\) the foundries used in the production of the integrated

circuits;

\(iii\) the software ecosystem, including any parallel

computing platforms, programming models, or development

frameworks that enable accelerated computing for artificial

intelligence training or inference;

\(iv\) the method and extent to which such integrated

circuits are used in other countries, including in the United

States; and

\(v\) the manufacturer's ability to produce a software

application layer required to achieve an improved token per

seconds and cost per token rate.

\(2\) An assessment of leading semiconductor fabrication

facilities in the PRC that produce logic integrated circuits

for use in advanced artificial intelligence training or

inference, including such facilities owned or operated by the

Semiconductor Manufacturing International Corporation, that

includes, with respect to such facilities, the—

\(A\) total monthly production capacity per advanced process

node with non-planar transistors or 16/14 nm and below and

the percentage of that monthly production capacity dedicated

to production of logic integrated circuits for use in

advanced artificial training or inference;

\(B\) yield for producing such logic integrated circuits for

use in advanced artificial intelligence training or inference

at each facility with an assessment of that yield in industry

relevant terms, such as compared to PRC firms, compared to

non-PRC firms, or how many are in current industry-leading

datacenters;

\(C\) most advanced process node under production;

\(D\) types and volume of semiconductor manufacturing

equipment used, the country of origin for such equipment, and

the export control regulatory regime under which such

equipment was procured;

\(E\) collaborations, licit or illicit, between PRC firms or

their subsidiaries and non-PRC firms and the advancements

those collaborations produce for the PRC firm;

\(F\) progress PRC firms are making at indigenizing export

controlled technologies;

\(G\) market share PRC firms have in the PRC and

internationally; and

\(H\) year-over-year trends in leading semiconductor

fabrication facilities during at least the preceding 5-year

period;

\(3\) An assessment of leading semiconductor fabrication

facilities in the PRC that produce memory integrated circuits

used for advanced artificial intelligence training or

inference, including such facilities owned or operated by

ChangXin Memory Technologies or Yangtze Memory Technologies

Corp., that includes—

\(A\) with respect to such circuits, the—

\(i\) most advanced generation of high-bandwidth memory,

including the technical specifications and stack height;

\(ii\) memory cell area and memory density of other dynamic

random access memory integrated circuits; and

\(iii\) highest number of layers in three-dimensional NOT-AND

memory integrated circuits;

\(B\) with respect to such facilities, the—

\(i\) yield and total monthly production capacity for memory

integrated circuits, including dynamic random access memory

such as high-bandwidth memory, and NOT-AND memory; and

\(ii\) types and volume of semiconductor manufacturing

equipment used, including the country of origin of such

equipment and the export control regulatory regime such

equipment was procured under.

\(C\) collaborations, licit or illicit, between PRC firms or

their subsidiaries and non-PRC firms and the advancements

those collaborations produce for the PRC firm;

\(D\) progress PRC firms are making at indigenizing export

controlled technologies;

\(E\) market share PRC firms have in the PRC and

internationally; and

\(F\) year-over-year trends in the PRC's advanced memory

integrated circuit production for a minimum of the 5 previous

years.

\(4\) An assessment of leading semiconductor manufacturing

equipment companies in the PRC, including NAURA Technology

Group, KINGSEMI, Advanced Micro-Fabrication Equipment Inc.,

Shanghai Micro Electronics

Equipment, and Shenzhen SiCarrier Technologies Co., Ltd, that

includes—

\(A\) a categorical breakdown of annual unit production

volume and technical specifications, including minimum

feature size, throughput, and defect rate, of all major

equipment classes installed or under development for wafer

production in foundries in the PRC, including—

\(i\) lithography tools, including photolithography,

nanoimprint, and electron beam lithography tools;

\(ii\) etch equipment, including wet etching and dry etching;

\(iii\) deposition equipment, including chemical vapor

deposition, physical vapor deposition, and atomic layer

deposition;

\(iv\) cleaning systems;

\(v\) chemical mechanical planarization tools;

\(vi\) ion implantation and diffusion systems;

\(vii\) wafer inspection, metrology, and process control

tools;

\(viii\) back-end packaging equipment, including wafer dicing

equipment and wire bonders;

\(ix\) capabilities and advancements in advanced packaging

technologies;

\(x\) thermal processing equipment;

\(xi\) bonding equipment, including thermo compression

bonders and hybrid bonders;

\(xii\) environmental control systems;

\(xiii\) laser systems; and

\(xiv\) reticle and photomask writing and inspection tools;

\(B\) the country of origin and supplier company for each

piece of semiconductor manufacturing equipment used in

foundries in the PRC for advanced-node logic or high-

bandwidth memory production by such companies;

\(C\) the foreign-sourced subcomponents integrated into the

semiconductor manufacturing equipment produced by such

companies, including precision motion stages, lasers,

electrostatic chucks, optical systems, radio frequency

generators, or extreme-purity gas handling systems;

\(D\) collaborations, licit or illicit, between PRC firms or

their subsidiaries and non-PRC firms and the advancements

those collaborations produce for the PRC firm;

\(E\) progress PRC firms are making at indigenizing export

controlled technologies;

\(F\) market share PRC firms have in the PRC and

internationally; and

\(G\) year-over-year trends in leading semiconductor

manufacturing equipment companies in the PRC for a minimum of

the 5 previous years.

\(5\) An assessment of electronic design automation \(EDA\)

software used in the design of integrated circuits for

advanced artificial intelligence applications in the PRC,

including software developed or provided by leading PRC EDA

companies such as Empyrean Technology Co., Ltd. and Primarius

Technologies Co., Ltd., that includes—

\(A\) with respect to such software tools, the—

\(i\) range of design stages supported, including front-end

design such as architecture and register-transfer level

design, logic synthesis, verification, physical design,

place-and-route, timing closure, and final signoff;

\(ii\) compatibility with advanced process nodes, including

sub-7 nanometer technologies, gate-all-around devices, and

three-dimensional integration;

\(iii\) capabilities for designing artificial intelligence-

specific components of such integrated circuits, including

tensor processing cores, systolic array processing units,

matrix multiplier units, and high-bandwidth memory

interfaces;

\(iv\) ability to model and optimize for power, performance,

and thermal constraints in artificial intelligence workloads;

\(v\) scale and performance of the software in handling large

designs, such as chips exceeding 50-100 billion transistors;

and

\(vi\) integration with cloud compute resources or

distributed workflows for large-scale artificial intelligence

chip development;

\(B\) with respect to such companies, the—

\(i\) total market share within the PRC and internationally,

including the share of advanced-node integrated circuits

designed or optimized for advanced artificial intelligence

training or inference designs supported by each company; and

\(ii\) types, volume, and origin of critical technology

components used in software development, including

intellectual property cores, third-party libraries,

verification suites, and artificial intelligence-assisted

optimization algorithms;

\(C\) progress PRC firms are making at indigenizing export-

controlled or foreign-origin technologies used in EDA,

including high-performance computing integration, advanced

verification engines, and proprietary intellectual property

cores;

\(D\) year-over-year trends for the PRC's EDA industry over a

minimum of the previous 5 years, including technology

adoption, market share, and software capability evolution;

and

\(E\) identification of technical gaps relative to leading

global EDA providers, particularly in relation to artificial

intelligence-focused design, advanced nodes, and large-scale

verification.

\(6\) An assessment of the advanced artificial intelligence

models determined by the Secretaries to be the most relevant

to the national security of the United States that were

developed by artificial intelligence laboratories or

companies based in the PRC, especially those laboratories and

companies affiliated with the People's Liberation Army or any

university in the PRC, including the most advanced models,

open-weight and closed-weight models, based on model size,

total compute used during training, benchmark performance,

and any other advanced capabilities the Secretaries determine

relevant, that includes, with respect to each such model—

\(A\) the number of model parameters;

\(B\) the total training compute used, measured in floating-

point operations and their relevant precision level;

\(C\) the model performance on benchmark tasks;

\(D\) an evaluation of the extent to which the model exhibits

advanced cyber offensive capabilities, an advanced

understanding of biological and virological application

domains, and the ability to substantially automate or

accelerate artificial intelligence research, and a comparison

of such models to the most advanced artificial intelligence

models from United States developers;

\(E\) if the model is open-weight, an evaluation of the files

provided and the security implications of following the

developer's deployment instructions;

\(F\) a description of the algorithmic alignment training

used;

\(G\) the type and scale of compute infrastructure used in

training and inference, including the cluster configurations,

the number and type of integrated circuits specifically

designed or optimized for advanced artificial intelligence

training or inference, how such integrated circuits were

acquired and from which companies, where those clusters are

located, and how they are being accessed;

\(H\) the manner and extent to which the model is used

throughout society in the PRC, including throughout the

following industries or sectors:

\(i\) the People's Liberation Army;

\(ii\) the surveillance and intelligence collection functions

of the CCP, including the genocide of Uyghur Muslims and

other religious and ethnic minorities in the Xinjiang Uyghur

Autonomous Region;

\(iii\) the Government of the PRC;

\(iv\) business and finance;

\(v\) education;

\(vi\) healthcare;

\(vii\) critical infrastructure sectors, including the power

grid and transportation; and

\(viii\) any other sectors that the Secretaries determines to

be relevant, such as high-risk industries where artificial

intelligence failure would have outsized safety or mission

consequences.

\(I\) whether and where such models are deployed for public

use, including API access or mobile app deployment;

\(J\) the manner and extent to which such models are diffused

in other countries, including the United States;

\(K\) the alignment of those models to CCP propaganda;

\(L\) the potential of those models to inject or create

vulnerabilities for users or other ways they could be used to

further CCP national security objectives;

\(M\) an assessment of global market share of PRC models and

the effect that global market share is enabling the PRC to

set artificial intelligence hardware or software standards;

and

\(N\) the total number of tokens inferenced globally using

the model, the types of hardware utilized for such inference

and the percent breakdown between company of origin for such

hardware, and the percentage of global inferenced tokens

attributable to the model.

\(7\) An assessment of emerging artificial intelligence

research in the PRC, based on indicators such as academic

publications, patent filings, and research funding,

including—

\(A\) the development of novel artificial intelligence

algorithms and techniques, including advancements in

reinforcement learning, natural language processing, or

computer vision, with a focus on algorithms and techniques

most relevant for developing or deploying the most advanced

artificial intelligence systems;

\(B\) advancements in hardware designed to enhance artificial

intelligence capabilities, including custom integrated

circuits, quantum computing technologies, or neuromorphic

computing systems, with a focus on hardware advancements most

relevant for developing or deploying the most advanced

artificial intelligence systems;

\(C\) the scale and focus of research efforts, including the

number of researchers, institutions, and collaborations

involved, and the funding levels and sources, with a focus on

those most relevant for developing or deploying the most

advanced frontier artificial intelligence systems;

\(D\) an evaluation of the potential impact of such research

on future artificial intelligence capabilities relevant to

national security competitiveness; and

\(E\) a description of licit or illicit methods or tactics

such as unauthorized model distillation used by PRC entities

to steal non-PRC artificial intelligence related intellectual

property.

\(8\) An assessment of the aggregate public funding and

capital flows supporting artificial intelligence development

in the PRC, including—

\(A\) the sum total of the PRC's national, provincial, and

municipal investment in artificial intelligence;

\(B\) subsidies that are underwriting the costs of artificial

intelligence development

in areas such as compute, infrastructure, water, and energy;

\(C\) an assessment of foreign capital investments, including

the total amount invested and a breakdown by entity,

including the country of origin and the amount invested; and

\(D\) an assessment of the PRC entities that have received

the funding, including the name of the entity and the amount

of funding received.

\(9\) The aggregate artificial intelligence computational

capacity in the PRC, including—

\(A\) a detailed analysis of computational capacity of the 5

most capable PRC entities, including the number and types of

integrated circuits and server systems used and their

aggregate computational power;

\(B\) the countries and companies with respect to which the

PRC sourced its computational capacity; and

\(C\) the locations and specifications, including energy and

computational capacity, of datacenters used for advanced

artificial intelligence training and inference.

\(10\) An assessment of leading humanoid robot manufacturers

in the PRC, including Unitree Robotics and Fourier, that

includes—

\(A\) with respect to such manufacturers, the—

\(i\) production capacity per year; and

\(ii\) unit cost and pricing trends for such robots intended

for commercial deployment; and

\(B\) with respect to the humanoid robots produced by such

manufactures—

\(i\) the number, type, and country and company of origin of

the semiconductor components, including integrated circuits,

used to build, run, or train such robots;

\(ii\) the country and company of origin and the technical

specifications of critical components used in such robots,

including actuators, sensors, and battery systems, and if not

PRC, the progress toward indigenization;

\(iii\) a description of the tasks such robots can perform;

\(iv\) whether such robots are teleoperated, operated through

hard-coded instructions, or function autonomously using

artificial intelligence models;

\(v\) whether inference is performed locally or via remote

cloud services;

\(vi\) the number of such robots deployed across the PRC,

including in the military, manufacturing, logistics, health

care, security, and personal assistance sectors;

\(vii\) the extent to which, and ways in which, such robots

are diffused in other countries, including in the United

States; and

\(viii\) an assessment of the cybersecurity and other

vulnerabilities of PRC origin robotic systems.

\(11\) An assessment of the most advanced or widely used

artificial intelligence-powered applications developed by PRC

entities or built on PRC artificial intelligence models,

including—

\(A\) the artificial intelligence models used to power these

applications, including the company and country of origin for

each model and whether the models are open-weight or closed-

weight;

\(B\) the means of deployment and the extent to which such

applications are used, including in the United States;

\(C\) the purposes, capabilities, and promoted uses of the

applications;

\(D\) an analysis of how data collected or generated by the

applications is used, including for artificial intelligence

model training, surveillance, or other national security-

relevant purposes; and

\(E\) an evaluation of the potential risks posed by these

applications to United States national security, foreign

policy objectives, or data privacy.

\(12\) An assessment of the regulatory framework governing

artificial intelligence development, deployment, and usage in

the PRC, that includes—

\(A\) the explicit restrictions on artificial intelligence

models, including laws, regulations, and government policies

that directly limit or control the development, deployment,

or use of artificial intelligence models in the PRC;

\(B\) an analysis of the implicit restrictions on artificial

intelligence models, including censorship, data access

limitations, or other indirect controls that may constrain

artificial intelligence model capabilities;

\(C\) how such explicit and implicit restrictions impact the

development, deployment, and diffusion of artificial

intelligence models both within the PRC and internationally,

including the effects on innovation, competitiveness, and

national security;

\(D\) an analysis of efforts by the CCP to acquire greater

insight into advanced artificial intelligence and reduce

strategic surprise, such as efforts that require advanced

artificial intelligence developers to disclose information

about artificial intelligence systems or provide models to

government entities;

\(E\) an analysis of efforts in the PRC to assess or mitigate

national security or public safety threats from advanced

artificial intelligence systems, including efforts to prevent

loss of control from autonomous artificial intelligence

systems; and

\(F\) the goals for artificial intelligence development

explicitly and implicitly stated by the CCP.

\(13\) An assessment of the PRC's global artificial

intelligence standards diplomacy efforts, including—

\(A\) mapping the fora where PRC actors aimed to shape global

standards;

\(B\) outlining key policy objectives of PRC;

\(C\) jurisdictions where PRC-promoted standards, model laws,

guidance, or procurement criteria have been adopted or

referenced;

\(D\) the effects on procurement and vendor eligibility; and

\(E\) opportunities for the United States to shape global

artificial intelligence standards and counter PRC efforts

when they run contrary to United States interest.

\(14\) An assessment of the degree to which PRC entities

remotely accessed artificial intelligence computational

resources, including through cloud services, international

data centers, or through circumvention or avoidance of United

States export controls.

\(15\) An assessment of the methods, pathways, quantities,

and companies and countries of origin of United States-

controlled integrated circuits specifically designed or

optimized for advanced artificial intelligence training or

inference, including graphics processing units or

application-specific integrated circuits, that have been

diverted to mainland the PRC, the estimated total compute

capacity enabled through these chip diversions, and the

percent of the PRC's total compute capacity enabled through

these chip diversions.

\(16\) An assessment of the effectiveness of United States

export controls in restricting access by the PRC to

artificial intelligence-relevant technologies, including an

identification of loopholes within United States export

controls and recommendations for legislative and

administrative action to strengthen export controls and

enforcement that is consistent with United States national

security and foreign policy objectives.

\(c\) Prioritization.—In conducting the assessments required

under subsection \(b\), the Secretaries shall prioritize the

identification and analysis of—

\(1\) semiconductors, semiconductor manufacturing equipment,

and critical components of semiconductor manufacturing

equipment that are, or are likely to become, critical to the

supply chains for the training or inference of the most

advanced artificial intelligence systems; and

\(2\) items that enable or could enable advanced model

performance, are associated with systems that pose

significant national security or strategic implications to

the United States, or are likely to be foundational to the

development of future advanced artificial intelligence

systems, including those not yet deployed or publicly

disclosed.

\(d\) Reference Class.—Where applicable, the Secretaries

shall provide context to all statistics regarding the PRC's

artificial intelligence power in the report by presenting the

PRC's capabilities and production numbers in comparison to

relevant United States and partner country production numbers

and capabilities.

\(e\) Coordination With Expert Entities.—In carrying out

this section, the Secretaries may consult and coordinate with

other Federal departments and agencies, private industry or

research organizations, Federally funded research and

development centers, national laboratories, academic

institutions, relevant media outlets, or any other entities

with expertise in semiconductor technologies, artificial

intelligence, or national security that the Secretaries

determine relevant.

\(f\) Form.—The report required by subsection \(a\) shall be

submitted in unclassified form and may contain a classified

annex.

\(g\) Mandatory Unclassified Elements.—In the unclassified

portion of the report required under subsection \(a\), the

Secretaries shall include—

\(1\) the number of integrated circuits specifically designed

or optimized for advanced artificial intelligence training or

inference produced by leading entities in the PRC in the year

preceding submission of such report;

\(2\) the projected production numbers of integrated circuits

from the PRC specifically designed or optimized for advanced

artificial intelligence training or inference, including

identification of foundries responsible for such production,

for the year proceeding submission of such report; and

\(3\) the extent to which and ways artificial intelligence-

relevant technologies in the PRC, including integrated

circuits, models, semiconductor manufacturing equipment, and

humanoid robots are diffused in other countries, including

the United States.

\(h\) Definitions.—In this section:

\(1\) CCP.—The term “CCP” means the Chinese Communist

Party.

\(2\) Covered agency heads.—The term “covered agency

heads” means the—

\(A\) Secretary of Defense;

\(B\) Secretary of Energy;

\(C\) Director of National Intelligence;

\(D\) Director for the White House Office of Science and

Technology Policy; and

\(E\) head of any other relevant Federal department or agency

the Secretary determines necessary.

\(3\) PRC.—The term “PRC” means the People's Republic of

China.

\(4\) Secretaries.—The term “Secretaries” means the

Secretary of Commerce and the Secretary of State.

SA 5922. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,

### and for defense activities of the Department of Energy, to prescribe

military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . INCREASE IN TRANSFER AND MANUFACTURING TAXES FOR

FIREARMS REGULATED UNDER THE NATIONAL FIREARMS

ACT.

\(a\) Transfer Tax.—Subsection \(a\) of section 5811 of the

Internal Revenue Code of 1986 is amended to read as follows:

“\(a\) Rate.—There shall be levied, collected, and paid on

firearms transferred a tax at the rate of $4,709 for each

firearm transferred.”.

\(b\) Making Tax.—Section 5821\(a\) of the Internal Revenue

Code of 1986 is amended—

\(1\) in paragraph \(1\), by striking “$200” and inserting

“$4,709”, and

\(2\) in paragraph \(2\), by striking “$0” and inserting

“$55”.

\(c\) Conforming Amendment.—Section 4182\(a\) of the Internal

Revenue Code of 1986 is amended by striking the second

sentence.

\(d\) Effective Date.—The amendments made by this section

shall apply to calendar quarters beginning more than 90 days

after the date of the enactment of this Act.

SA 5923. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III, insert the

following:

SEC. 3\_\_. MODIFICATION TO REQUIREMENT OF DEPARTMENT OF

DEFENSE TO PROVIDE ALTERNATIVE DRINKING WATER.

Section 317 of the National Defense Authorization Act for

Fiscal Year 2026 \(Public Law 119-60; 10 U.S.C. 2701 note\) is

amended—

\(1\) in the section heading, by striking

“perfluorooctanesculfonic acid and perfluorooctanoic acid”

and inserting “certain”;

\(2\) by striking “perfluorooctanesculfonic acid” each

place it appears and inserting “perfluorohexanesulfonic

acid, perfluorononanoic acid, hexafluoropropylene oxide dimer

acid, perfluorobutanesulfonic acid, perfluorooctanesulfonic

acid,”; and

\(3\) in subsection \(a\)\(2\)—

\(A\) by striking “exceeded the maximum containment level”

and inserting “exceeded the lower of the maximum containment

level”; and

\(B\) by striking “Environmental Protection Agency” and

inserting “Environmental Protection Agency or a State

drinking water standard”.

SA 5924. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . CONTINUITY OF OPERATIONS FOR POSITION OF GENERAL

COUNSEL OF THE FEDERAL LABOR RELATIONS

AUTHORITY.

Section 7104\(f\) of title 5, United States Code, is amended

by adding at the end the following:

“\(4\)\(A\) Notwithstanding any other provision of law, if the

General Counsel dies, resigns, is removed, or is otherwise

unable to perform the functions and duties of the position of

General Counsel, and \(as of the date of that death,

resignation, removal, or beginning of inability to serve\) no

individual is serving as Acting General Counsel, the Deputy

General Counsel shall perform the functions and duties of the

position of General Counsel temporarily in an acting capacity

until the date on which an individual assumes office as

General Counsel or Acting General Counsel.

“\(B\) An individual serving pursuant to subparagraph \(A\)

shall have all authorities vested in the General Counsel

under this chapter, including all authorities described in

paragraph \(2\).

“\(C\) Subparagraph \(A\) shall apply if, as of the date of

enactment of this paragraph, the offices of General Counsel

and Acting General Counsel are both vacant.”.

SA 5925. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the

following:

SEC. 7\_\_. CODIFICATION OF AUTHORITY FOR JOINT DEPARTMENT OF

DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL

FACILITY DEMONSTRATION FUND.

\(a\) In General.—Chapter 55 of title 10, United States

Code, is amended by adding at the end the following new

section:

“Sec. 1110c. Joint Medical Facility Demonstration Fund

“\(a\) Establishment.—There is established on the books of

the Treasury under the Department of Veterans Affairs a fund

to be known as the \`Joint Department of Defense-Department of

Veterans Affairs Medical Facility Demonstration Fund' \(in

this section referred to as the \`Fund' \).

“\(b\) Use of Amounts.—Amounts in the Fund shall be used to

facilitate the joint funding of designated combined Federal

medical facilities of the Department of Defense and the

Department of Veterans Affairs.

“\(c\) Transfers to Fund.—

“\(1\) In general.—Amounts may be transferred to the Fund

by the Secretary of Defense from amounts authorized and

appropriated for the Department of Defense and by the

Secretary of Veterans Affairs from amounts authorized and

appropriated for the Department of Veterans Affairs, as

determined by a methodology jointly established by the

Secretary of Defense and the Secretary of Veterans Affairs

that reflects the mission-specific activities, workload, and

costs of provision of health care at the facilities of the

Department of Defense and the Department of Veterans Affairs,

respectively.

“\(2\) Transfers of amounts from medical care collections.—

Amounts may be transferred to the Fund from medical care

collections under the following authorities for health care

provided at designated combined Federal medical facilities of

the Department of Defense and the Department of Veterans

Affairs:

“\(A\) Section 1095 of this title.

“\(B\) Section 1729 of title 38.

“\(C\) The Act entitled \`An Act to provide for the recovery

from tortiously liable third persons of the cost of hospital

and medical care and treatment furnished by the United

States' \(Public Law 87-693; 42 U.S.C. 2651 et seq.; commonly

known as the \`Federal Medical Care Recovery Act'\).”.

“\(d\) Availability of Amounts in Fund.—

“\(1\) In general.—Amounts transferred to the Fund under

subsection \(c\) shall be available to fund the operations of

designated combined Federal medical facilities of the

Department of Defense and the Department of Veterans Affairs,

including capital equipment, real property maintenance, and

minor construction projects that are not required to be

specifically authorized by law under section 2805 of this

title or section 8104 of title 38.

“\(2\) Captain james a. lovell federal health care center.—

Amounts transferred to the Fund by the Secretary of Defense

under subsection \(c\) may be used for facility operations of

the Captain James A. Lovell Federal Health Care Center,

consisting of the North Chicago Veterans Affairs Medical

Center, the Navy Ambulatory Care Center, and supporting

facilities designated as a combined Federal medical facility

under an operational agreement covered by section 706 of the

Duncan Hunter National Defense Authorization Act for Fiscal

Year 2009 \(Public Law 110-417; 122 Stat. 4500\).

“\(3\) Limitation.—The availability of amounts transferred

to the Fund under subsection \(c\)\(2\) shall be subject to the

provisions of section 1729A of title 38.

“\(4\) Period of availability.—

“\(A\) In general.—Except as provided in subparagraph \(B\),

amounts transferred to the Fund under subsection \(c\) shall

remain available under this subsection until the end of the

first fiscal year beginning after the date of the transfer.

“\(B\) Exception.—Of the amount transferred to the Fund

under subsection \(c\) in a fiscal year, an amount not to

exceed two percent of such amount shall remain available

under this subsection until the end of the second fiscal year

beginning after the date of the transfer.

“\(e\) Executive Agreement.—

“\(1\) Fund administration.—

“\(A\) In general.—The Fund shall be administered in

accordance with an executive agreement between the Secretary

of Defense and the Secretary of Veterans Affairs.

“\(B\) Guidelines.—The executive agreement under

subparagraph \(A\) shall be consistent with section 706 of the

Duncan Hunter National Defense Authorization Act for Fiscal

Year 2009 \(Public Law 110-417; 122 Stat. 4500\) and shall

provide for an independent review of the methodology

established under subsection \(c\)\(1\).

“\(2\) Financial reconciliation.—

“\(A\) In general.—The executive agreement between the

Secretary of Defense and the Secretary of Veterans Affairs

under paragraph \(1\)\(A\) shall provide for the development and

implementation of an integrated financial reconciliation

process that meets the fiscal reconciliation requirements of

the Department of Defense and the Department of Veterans

Affairs.

“\(B\) Identification of contributions.—The process under

subparagraph \(A\) shall permit the Department of Defense and

the Department of Veterans Affairs to identify their fiscal

contributions to the Fund, taking into consideration

accounting, workload, and financial management

differences.”.

\(b\) Conforming Repeal.—Section 1704 of the National

Defense Authorization Act for Fiscal Year 2010 \(Public Law

111-84; 123 Stat. 2571\), as most recently amended by section

1421 of the Servicemember Quality of Life Improvement and

National Defense Authorization Act for Fiscal Year 2025

\(Public Law 118-159; 138 Stat. 2129\), is repealed.

\(c\) Report.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense and the

Secretary of Veterans Affairs shall jointly submit to the

Committee on Veterans' Affairs and the Committee on

Appropriations of the Senate and the Committee on Veterans'

Affairs and the Committee on Appropriations of the House of

Representatives a report indicating medical facilities of the

Department of Defense or the Department of Veterans Affairs

that either Secretary, or both, considers appropriate to be

designated as combined Federal medical facilities of the

Department of Defense and the Department of Veterans Affairs.

SA 5926. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the

following:

SEC. 7\_\_. FERTILITY TREATMENT FOR CERTAIN MEMBERS OF THE

UNIFORMED SERVICES AND DEPENDENTS.

\(a\) Fertility Treatment.—Chapter 55 of title 10, United

States Code, is amended by inserting after section 1074o the

following new section:

“Sec. 1074p. Fertility treatment for certain active duty

members of the uniformed services and their dependents

“\(a\) Coverage.—The Secretary of Defense shall ensure that

fertility-related care for a member of the uniformed services

on active duty \(or a dependent of such a member\) shall be

covered under TRICARE Prime and TRICARE Select.

“\(b\) In Vitro Fertilization.—In the case of in vitro

fertilization treatment furnished to an individual pursuant

to subsection \(a\), coverage under such subsection shall

include—

“\(1\) not fewer than three completed oocyte retrievals; and

“\(2\) unlimited embryo transfers provided in accordance

with the guidelines of the American Society for Reproductive

Medicine, using single embryo transfer when recommended and

medically appropriate.

“\(c\) Definitions.—In this section:

“\(1\) The term \`fertility-related care' means—

“\(A\) the diagnosis of infertility; and

“\(B\) fertility treatment.

“\(2\) The term \`fertility treatment' includes the

following:

“\(A\) In vitro fertilization or other treatments or

procedures in which human oocytes, embryos, or sperm are

handled when clinically appropriate.

“\(B\) Sperm retrieval.

“\(C\) Egg retrieval.

“\(D\) Preservation of human oocytes, embryos, or sperm.

“\(E\) Artificial insemination, including intravaginal

insemination, intracervical insemination, and intrauterine

insemination.

“\(F\) Transfer of reproductive genetic material.

“\(G\) Medications as prescribed or necessary for fertility.

“\(H\) Fertility treatment coordination.

“\(I\) Such other information, referrals, treatments,

procedures, testing, medications, laboratory services,

technologies, and services facilitating reproduction as

determined appropriate by the Secretary of Defense.

“\(3\) The term \`infertility' means a disease, condition, or

status characterized by—

“\(A\) the failure to establish a pregnancy or to carry a

pregnancy to live birth after regular, unprotected sexual

intercourse in accordance with the guidelines of the American

Society for Reproductive Medicine;

“\(B\) the inability of an individual to reproduce without

medical intervention either as a single individual or with

the partner of the individual; or

“\(C\) the findings of a licensed physician based on the

medical, sexual, and reproductive history, age, physical

findings, or diagnostic testing of the individual.”.

\(b\) Program on Fertility Treatment Coordination.—Chapter

55 of title 10, United States Code, is amended by adding at

the end the following new section:

“Sec. 1110c. Program on fertility-related care coordination

“\(a\) In General.—The Secretary of Defense shall establish

a program on the coordination of fertility-related care by

the Secretary for purposes of ensuring patients receive

timely fertility-related care.

“\(b\) Training and Support.—In carrying out the program

established under subsection \(a\), the Secretary shall provide

to community health care providers training and support with

respect to the unique needs of members of the uniformed

services and the dependents of such members.

“\(c\) Fertility-Related Care Defined.—In this section, the

term \`fertility-related care' has the meaning given that term

in section 1074p of this title.”.

\(c\) Conforming Amendment.—Section 1079\(a\) of title 10,

United States Code, is amended by adding at the end the

following new paragraph:

“\(21\) Fertility-related care shall be provided in

accordance with section 1074p of this title.”.

\(d\) Exclusion From Contracts for Former Members and Their

Dependents.—Section 1086 of title 10, United States Code, is

amended—

\(1\) in subsection \(c\), in the matter preceding paragraph

\(1\), by striking “subsection \(d\)” and inserting

“subsections \(d\) and \(j\)”; and

\(2\) by adding at the end the following new subsection:

“\(j\) A plan contracted for under subsection \(a\) may not

include coverage for services under section 1074p of this

title for former members of the uniformed services or

dependents of former members of the uniformed services.”.

\(e\) Regulations.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense shall

prescribe regulations or subregulatory guidance regarding the

implementation of the amendments made by this section.

\(f\) Application.—The amendments made by this section shall

apply with respect to services provided on or after October

1, 2028.

\(g\) Rules of Construction.—Nothing in this section or the

amendments made by this section shall be construed—

\(1\) to provide new benefits to or alter existing benefits

for former members of the uniformed services or the

dependents of former members of the uniformed services; or

\(2\) to authorize the Secretary of Defense to make payments

related to human cloning, artificial womb technology, or

international surrogacy.

SA 5927. Ms. DUCKWORTH \(for herself and Mr. Curtis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 F—South China Sea Strategy Act of 2026

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the “South China Sea

Strategy Act of 2026”.

SEC. 1282. UNITED STATES POLICY.

It is the policy of the United States—

\(1\) to support the importance of the freedom of navigation,

overflight, and unfettered commerce in the South China Sea,

in a manner consistent with international law to preserve

United States economic interests in the region;

\(2\) to commit to a rules-based approach to resolving

maritime disputes;

\(3\) to counter efforts by the People's Republic of China

\(PRC\) to unilaterally change the status quo and treat the

South China Sea as its unilateral dominion, undermining

regional stability and contravening the PRC's prior

commitments to resolve disputes peacefully and through

appropriate legal venues; and

\(4\) to engage with allies and partners in a concerted,

coordinated manner to support a strategic, consistent

approach to diplomatic engagement on issues and crises that

affect United States interests in the South China Sea,

including to ensure the safety of United States citizens in

the region.

SEC. 1283. SOUTH CHINA SEA DIPLOMATIC ENGAGEMENT STRATEGY.

\(a\) In General.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of State shall, in

consultation with the Secretary of Defense, submit to the

appropriate congressional committees a Strategy for

Diplomatic Engagement on the South China Sea to ensure that

the United States Government is operating strategically to

maximize our efficient engagement on South China Sea matters.

\(b\) Elements.—The Strategy listed in subsection \(a\)

shall—

\(1\) describe the overarching goals of United States

engagement with allies and partners, including with littoral

states, on security, diplomatic, legal, and economic matters

in the South China Sea;

\(2\) designate an office at the Department of State tasked

with the lead responsibility for coordinating the execution

of each goal described in paragraph \(1\);

\(3\) analyze the successes of the Department of State's

existing mechanisms, programs, and forums for advancing

United States goals in the South China Sea through bilateral,

multilateral, subnational, civil society, and private sector

avenues with allies and partners, including littoral states,

and identify gaps in engagement;

\(4\) detail plans to deepen bilateral engagement with each

littoral state around pressures, threats, and opportunities

in the South China Sea identified as priorities in previous

bilateral engagements;

\(5\) detail plans to convene and increase the frequency of

collective engagements with littoral states, including Taiwan

and additional

allies and partners as appropriate, around themes of shared

importance, including—

\(A\) bolstering defense capabilities;

\(B\) reinforcing maritime law enforcement capacity and

governance;

\(C\) responding to grey-zone tactics, including coordinated

illegal, unreported, and unregulated fishing;

\(D\) managing maritime territorial disputes to reduce the

likelihood of security crises and conflicts;

\(E\) preparing crisis management and response mechanisms to

avoid unnecessary escalation;

\(F\) building resilience to foreign malign influence and

interference in the South China Sea;

\(G\) supporting economic development and resilience to

economic coercion from foreign adversaries; and

\(H\) addressing additional factors assessed by the Secretary

of State to be causing a direct risk to United States

interests in the South China Sea; and

\(6\) detail plans for coordination with the interagency and

foreign governments to address crisis management for

scenarios below the threshold of armed conflict that would

require heightened interagency and international engagement.

\(c\) Classification.—The strategy submitted under

subsection \(a\) shall be submitted in unclassified form but

may include a classified annex.

SEC. 1284. STRATEGY EXECUTION.

\(a\) Identification of Necessary Programs and Resources.—

Not later than 360 days after the date of the enactment of

this Act, the Secretary of State shall identify and submit to

the appropriate congressional committees any necessary

program, policy, or budgetary resources required to support

implementation of the Strategy for Diplomatic Engagement on

the South China Sea for fiscal years 2027, 2028, and 2029.

\(b\) Briefing.—Not later than 30 days after the submission

of the assessment described in subsection \(a\), the Secretary

of State shall brief the appropriate congressional committees

on the implementation of the Strategy for Diplomatic

Engagement on the South China Sea.

SEC. 1285. 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.

\(2\) Littoral states.—The term “littoral states” means—

\(A\) Brunei;

\(B\) Indonesia;

\(C\) Malaysia;

\(D\) the Philippines; and

\(E\) Vietnam.

SEC. 1286. RULE OF CONSTRUCTION.

\(a\) Rule of Construction Regarding Continued United States

Policy Toward Taiwan and the Government of the PRC.—Nothing

in this subtitle may be construed as a change to the One

China Policy of the United States, which is guided by the

Taiwan Relations Act \(22 U.S.C. 3301 et seq.\), the three

United States-People's Republic of China Joint Communiques,

and the Six Assurances.

SA 5928. Mr. KELLY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. BINATIONAL RAPID RESPONSE PROTOCOL.

\(a\) Short Title.—This section may be cited as the

“Nicholas Douglas Quets United States-Mexico Rapid Response

for Victims of Crime Act”.

\(b\) Findings.—Congress finds the following:

\(1\) On October 18, 2024, while traveling from Arizona along

the southern United States border in the Mexican state of

Sonora near Puerto Penasco, Nicholas Quets was attacked and

shot by armed criminals associated with the Sinaloa Cartel at

an unauthorized cartel-controlled highway checkpoint,

resulting in the tragic death of the 31-year-old American.

\(2\) The brutal murder of Nicholas Quets reflects the

ongoing threat posed by transnational criminal organizations

and cartel violence in the region.

\(3\) The violence perpetrated by drug cartels and other

criminal organizations endangers innocent civilians,

undermines the rule of law, and threatens the safety of

United States citizens traveling abroad.

\(4\) Binational coordination in investigations like that of

Nicholas Quets' death can often be delayed or incomplete,

which may deny the administration of justice for victims and

their families.

\(5\) Each year, millions of United States citizens travel to

Mexico for tourism, work, and family purposes.

\(6\) In certain cases involving serious crimes, including

homicide, kidnapping, and organized criminal violence, delays

or gaps in coordination between authorities may hinder

investigations and the delivery of justice for victims and

their families.

\(7\) Enhanced binational coordination, communication, and

investigative cooperation is essential to ensure effective

responses to serious crimes involving United States citizens

in Mexico.

\(c\) Sense of Congress.—It is the sense of Congress that a

robust, binational rapid response protocol is necessary to

ensure efficient communication and coordination between

United States and Mexican authorities when responding to

serious crimes involving United States citizens in Mexico.

\(d\) Definitions.—In this section:

\(1\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Foreign Relations of the Senate;

\(B\) the Committee on the Judiciary of the Senate;

\(C\) the Committee on Foreign Affairs of the House of

Representatives; the

\(D\) the Committee on the Judiciary of the House of

Representatives.

\(2\) Protocol.—The term “Protocol” means the binational

rapid response protocol for serious crimes committed against

United States citizens in Mexico established pursuant to

subsection \(e\).

\(3\) Serious crimes.—The term “serious crimes” includes—

\(A\) homicides and suspicious deaths;

\(B\) kidnappings and abductions;

\(C\) disappearances;

\(D\) violent crimes involving, or suspected to be involving,

organized criminal groups or cartels; and

\(E\) other violent crimes designated by the Secretary of

State.

\(e\) Establishment.—The Secretary of State, in coordination

with the Attorney General, shall engage with the Government

of Mexico to negotiate and establish a binational rapid

response protocol for serious crimes committed against United

States citizens in Mexico.

\(f\) Purpose.—The Protocol shall aim to ensure timely

coordination between United States and Mexican authorities in

responding to and investigating serious crimes committed

against United States citizens in Mexico.

\(g\) Recommended Elements.—In negotiating the Protocol, the

Secretary of State shall seek to include procedures that

provide—

\(1\) mechanisms for the prompt notification of relevant

United States and Mexican authorities when a serious crime

involving a United States citizen occurs;

\(2\) secure and reliable communication channels between

designated law enforcement and diplomatic authorities in both

countries;

\(3\) procedures to ensure the timely securing of crime

scenes and the protection of relevant physical evidence;

\(4\) agreed-upon standards and procedures for preserving and

documenting evidence in a manner that supports potential

prosecutions in either country's jurisdiction;

\(5\) procedures to facilitate the timely sharing of

investigative leads, intelligence, and forensic information

between United States and Mexican authorities, consistent

with the laws of each country;

\(6\) the designation of appropriate points of contact within

the Government of Mexico and procedures to facilitate

requests for international extradition and timely

coordination for extradition to United States;

\(7\) the designation of appropriate points of contact within

relevant United States and Mexican agencies responsible for

coordinating responses to incidents covered by the Protocol;

\(8\) the designation of a point of contact within the United

States Government responsible for communicating with the

victim or the victim's family and providing timely updates

regarding investigative developments and available

assistance;

\(9\) procedures for coordination between United States

consular officials and Mexican authorities regarding support

for victims and their families; and

\(10\) opportunities for joint training, planning, or

exercises to ensure effective implementation of the Protocol.

\(h\) Progress Report.—Not later than 180 days after the

date of the enactment of this Act, and annually thereafter

until the Protocol is established, the Secretary of State

shall submit a report to the appropriate congressional

committees that describes—

\(1\) the progress made toward negotiating the Protocol;

\(2\) the status of cooperation with the Government of Mexico

relating to crimes against United States citizens while they

are in Mexico; and

\(3\) any additional legislative or diplomatic steps the

Secretary determines would improve coordination and

accountability in such cases.

\(i\) Implementation Report.—Not later than 180 days after

the establishment of the Protocol, and annually thereafter,

the Secretary of State shall submit a report to the

appropriate congressional committees that describes—

\(1\) the status of the implementation of such protocol;

\(2\) actions taken by United States and Mexican authorities

under the protocol;

\(3\) the extent to which the protocol has improved

coordination in covered cases; and

\(4\) any recommendations for improving the protocol.

\(j\) Rules of Construction.—Nothing in this section may be

construed—

\(1\) to limit the sovereignty of the United States or of

Mexico;

\(2\) to require the Government of Mexico to adopt

investigative procedures inconsistent with existing Mexican

law; or

\(3\) to alter the existing authorities of United States law

enforcement or consular officials.

SA 5929. Mr. KELLY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. BORDER TRAVEL SAFETY.

\(a\) Short Title.—This section may be cited as the

“Nicholas Douglas Quets Border Travel Safety Act”.

\(b\) Findings.—Congress finds the following:

\(1\) On October 18, 2024, while traveling from Arizona along

the southern border in the Mexican state of Sonora near

Puerto Penasco, Nicholas Quets was attacked and shot by armed

criminals associated with the Sinaloa Cartel at an

unauthorized cartel-controlled highway checkpoint, which

resulted in the tragic death of the 31-year-old American.

\(2\) The brutal murder of Nicholas Quets reflects the

ongoing threat posed by transnational criminal organizations

and cartel violence in the region.

\(3\) Nicholas Quets was shot while traveling along the

Altar-Caborca highway \(Federal Highway 2\) in Sonora, which is

frequently listed under a “Reconsider Travel” advisory due

to cartel activity in the area.

\(4\) The Department of State issues Travel Advisories to

inform United States citizens and other travelers of safety

and security risks in foreign countries and regions.

\(5\) Department of State Travel Advisories identify certain

foreign regions, including areas near United States land

borders, that present elevated safety or security risks due

to criminal activity, violence, kidnapping, or other threats.

\(6\) Individuals entering or departing the United States

through land ports of entry may not be aware that nearby

areas identified in Department of State Travel Advisories

pose heightened safety or security risks.

\(7\) Clear and visible signage at land ports of entry and

surrounding areas would improve traveler awareness of such

risks and promote public safety.

\(c\) Sense of Congress.—It is the sense of Congress that

clear and visible signage displaying travel advisories at

land ports of entry along the land boundary between the

United States and Mexico are necessary to improve traveler

awareness of safety or security risks due to criminal

activity, violence, kidnapping, or other threats.

\(d\) Definitions.—In this section:

\(1\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Homeland Security and Governmental

Affairs of the Senate;

\(B\) the Committee on Foreign Relations of the Senate;

\(C\) the Committee on Homeland Security of the House of

Representatives; and

\(D\) the Committee on Foreign Affairs of the House of

Representatives.

\(2\) Land port of entry.—The term “land port of entry”

means a port of entry along an international land border

between the United States and Mexico or Canada.

\(3\) Travel advisory.—The term “Travel Advisory” means

the country-specific or region-specific safety advisory

issued by the Department of State to inform travelers of

security risks abroad.

\(e\) Warning Signage for Travelers Near Land Ports of Entry

Along the Southern Border.—

\(1\) Establishment.—The Secretary of Homeland Security,

acting through the Commissioner of U.S. Customs and Border

Protection, and in consultation with the Secretary of State

and the Administrator of the General Services Administration,

shall establish and carry out a program to install and

maintain warning signage informing travelers of dangerous

areas or routes near the southern border of the United States

that have been identified in relevant Department of State

Travel Advisories.

\(2\) Responsibilities of secretary of state.—The Secretary

of State shall—

\(A\) identify areas or routes near the United States land

border with Mexico that are designated as dangerous in any

Department of State Travel Advisory;

\(B\) provide the Commissioner of U.S. Customs and Border

Protection with updated advisory information necessary for

the content of warning signage; and

\(C\) provide the Secretary of Homeland Security with the

appropriate content and messaging of such signage.

\(3\) Coordination.—In carrying out this section, the

Secretary of Homeland Security, acting through the

Commissioner of U.S. Customs and Border Protection, shall

coordinate with the Secretary of State, appropriate State

transportation and public safety agencies, and relevant

State, local, and tribal government officials.

\(f\) Placement of Signage.—

\(1\) In general.—The Secretary of Homeland Security, acting

through the Commissioner of U.S. Customs and Border

Protection, shall, to the maximum extent practicable,

install, maintain, and update warning signage described in

this section.

\(2\) Locations.—Warning signage developed pursuant to this

section shall be placed—

\(A\) at appropriate United States land ports of entry along

the border with Mexico, in coordination with relevant Mexican

authorities;

\(B\) on all roadways and routes approaching, and in areas

immediately adjacent to, such ports of entry where travelers

are likely to cross the international boundary;

\(C\) at any additional locations determined appropriate by

the Secretary of Homeland Security, in consultation with

State and local transportation authorities, to ensure

adequate traveler awareness;

\(D\) in locations that are clearly visible to motorists and

pedestrians; and

\(E\) in sufficient proximity to allow travelers to make

informed travel decisions.

\(3\) Coordination with state and local authorities.—In

placing signage pursuant to this subsection, the Secretary of

Homeland Security shall coordinate with, and may enter into

agreements, as may be necessary, with—

\(A\) State departments of transportation;

\(B\) local government officials; and

\(C\) other appropriate authorities responsible for roadway

infrastructure near the international border of the United

States.

\(4\) Content of signage.—Signage required under this

section shall, to the maximum extent practicable—

\(A\) clearly warn travelers of nearby areas or routes

identified as dangerous in Department of State Travel

Advisories;

\(B\) provide a reference to additional safety information,

including the Department of State travel advisory website or

a QR code linking to such information;

\(C\) be displayed in a format that can be swiftly and easily

updated to reflect changes to applicable Department of State

Travel Advisories, and may include incident alerts from the

Department of State;

\(D\) be displayed in English and Spanish, and any additional

languages the Secretary, in consultation with the Department

of State, determines appropriate; and

\(E\) include any other safety information the Secretary of

State determines appropriate.

\(g\) Reviews and Updates.—

\(1\) In general.—The Secretary of Homeland Security, in

consultation with the Secretary of State, shall—

\(A\) annually review warning signage to ensure accuracy and

visibility; and

\(B\) update such signage as necessary to reflect changes in

Department of State Travel Advisories.

\(2\) Identification of critical changes.—The Secretary of

State shall notify the Secretary of Homeland Security

whenever critical changes have occurred that require warning

signage to be updated.

\(h\) Reports to Congress.—

\(1\) Implementation report.—Not later than 1 year after the

date of the enactment of this Act, the Secretary of Homeland

Security, in consultation with the Secretary of State and the

Commissioner of U.S. Customs and Border Protection, shall

submit a report to the appropriate congressional committees

that describes—

\(A\) the implementation of the signage program required

under this section;

\(B\) the locations where signage has been installed;

\(C\) plans for updating such signage; and

\(D\) any recommendations for improving traveler awareness of

dangerous areas identified in Travel Advisories.

\(2\) GAO report.—The Comptroller General of the United

States shall submit a report to the appropriate congressional

committees that—

\(A\) describes the efficacy of the travel advisory warnings

for travelers; and

\(B\) indicates whether there are modernizations to warning

delivery that the Department of State or the Department of

Homeland Security could undertake to ensure travelers have

adequate awareness to potential travel-related dangers.

\(i\) No Additional Appropriations.—

\(1\) No additional funds authorized.—No additional funds

are authorized to be appropriated to carry out this section.

\(2\) Use of existing resources.—The Secretary of Homeland

Security and the Secretary of State shall carry out their

respective responsibilities under this section using amounts

otherwise appropriated or made available to their respective

departments.

SA 5930. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 529E. CORRECTION OF NATIONAL GUARD ACTIVATION ORDERS AND

PERSONNEL RECORDS ASSOCIATED WITH CERTAIN

CONTINGENCY OPERATIONS.

\(a\) Identification of Affected Personnel.—Not later than

90 days after the date of the enactment of this Act, the

Secretary of Defense, in coordination with the Chief of the

National Guard Bureau and the Secretary of the Air Force,

shall identify members of the Air National Guard whose

activation orders, deployment records, pay, allowances, tax

documentation, or other personnel records were adversely

affected by transitions between named military operations

conducted during 2025 and 2026, including Operation Southern

Spear, Operation Absolute Resolve, Operation Spartan Shield,

and Operation Epic Fury.

\(b\) Correction of Records.—The Secretary of Defense shall

take such actions as may be necessary to—

\(1\) ensure that official military personnel records

accurately reflect the dates and locations of service

performed in support of each named operation, including

correct mission attribution records, deployment

documentation, operational duty-location records, and other

activation or mobilization records for personnel identified

pursuant to subsection \(a\);

\(2\) correct any pay, allowance, entitlement, tax-exclusion

eligibility, or debt-related discrepancies resulting from

inaccurate or incomplete activation or deployment records;

and

\(3\) ensure that no member experiences a loss of eligibility

for any Federal benefit, entitlement, or service-connected

determination, including benefits administered by the

Department of Veterans Affairs, as a result of inaccuracies

described in subsection \(a\).

\(c\) Report and Briefing.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a report and provide

a briefing on the implementation of this section. Such report

shall include—

\(1\) the number of personnel identified under subsection

\(a\);

\(2\) the status of corrections made pursuant to subsection

\(b\);

\(3\) any unresolved issues affecting pay, allowances, tax

records, personnel records, deployment histories, or other

military records;

\(4\) an assessment of the factors that caused activation-

order discrepancies, personnel-record inaccuracies, pay and

entitlement errors, debt assessments, tax-reporting issues,

and other administrative deficiencies associated with

transitions between named military operations during 2025 and

2026, including Operation Southern Spear and Operation Epic

Fury;

\(5\) an assessment of any limitations within the Department

of Defense regulations, policies, personnel systems, orders-

management systems, funding authorities, or administrative

processes that contributed to such discrepancies and

deficiencies;

\(6\) a description of actions taken or planned to ensure

timely correction of activation orders, deployment records,

pay records, tax documentation, and other affected personnel

records; and

\(7\) an assessment of whether additional authorities are

required to ensure accurate and timely correction of National

Guard and Reserve activation and deployment records.

SA 5931. Mr. WELCH \(for himself and Ms. Murkowski\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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, insert the

following:

SEC. 320C. REQUIREMENT FOR USE OF ALTERNATIVE SOLID WASTE

DISPOSAL SYSTEMS.

Not later than 180 days after the date of the enactment of

this Act, the Secretary of Defense shall deploy, use, and

sustain alternative solid waste disposal systems at any

location where the Secretary determines open-air burn pits—

\(1\) exist at any military installation or other location

where members of the Armed Forces are housed, either

temporarily or permanently, including an enduring location, a

contingency location, a military facility associated with an

access agreement with a host nation, a main operating base, a

forward operating site, or a cooperative security location;

\(2\) are operated by the Department of Defense or a

contractor of the Department;

\(3\) contain waste generated by activities of the

Department; or

\(4\) are in need, or could be used, for the safe disposal of

illicit contraband or medical use.

SA 5932. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1218. PROHIBITION ON USE OF FUNDS TO ASSIST IN

ANNEXATION OF THE WEST BANK.

\(a\) In General.—None of the funds authorized to be

appropriated by this Act, or otherwise made available for

fiscal year 2027 for the Department of Defense, may be

obligated or expended to carry out any activity that

recognizes the sovereignty of Israel over territory of the

West Bank and Gaza.

\(b\) Civilian Use.—None of the funds authorized to be

appropriated by this Act, or otherwise made available for

fiscal year 2027 for the Department of Defense, may be

obligated or expended to carry out any activity to transfer

weapons for civilian use in the West Bank.

SA 5933. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Insert after section 317 the following:

SEC. 317A. IDENTIFICATION AND REPORTING OF CERTAIN OPEN-AIR

BURN PITS NOT CONTROLLED BY DEPARTMENT OF

DEFENSE.

\(a\) Policy Revision.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall revise the policy of the Department of Defense

governing the use of open-air burn pits to require

operational commanders to identify, and report to the

commander of the relevant combatant command and the Joint

Staff Logistics Directorate, the presence of open-air burn

pits described in subsection \(b\).

\(b\) Open-air Burn Pit Described.—An open-air burn pit

described in this subsection is an open-air burn pit not

controlled by the Department of Defense used to dispose of

non-Department generated waste that is—

\(1\) located within 4000 meters of an installation of the

Department of Defense, a military installation, or any other

location where members of the Armed Forces are housed, either

temporarily or permanently, including an enduring location, a

contingency location, a military facility associated with an

access agreement with a host nation, a main operating base, a

forward operating site, or a cooperative security location;

or

\(2\) located within 4000 meters of members of the Armed

Forces and operated by an ally or partner of the United

States, host nation forces, or a local entity that may result

in exposure of such members.

\(c\) Testing Requirement.—Each operational commander shall

collect and evaluate air quality data in and around the area

of any open-air burn pit identified pursuant to subsection

\(a\) for the purpose of documenting the effects of open-air

burning at such open-air burn pit, including, to the extent

feasible, by conducting air quality testing in and around

such area for toxins commonly associated with open-air burn

pits.

\(d\) Watch List Update.—The Secretary of Defense shall

ensure that any open-air burn pit identified pursuant to

subsection \(a\) is included in the official watch list of the

Department of known burn pits.

\(e\) Health Record Documentation.—The Secretary of Defense

shall ensure that documented exposure risks associated with

open-air burn pits identified pursuant to subsection \(a\),

including the air quality data collected under subsection

\(c\), are incorporated into the individual health records of

potentially exposed members of the Armed Forces pursuant to

section 704 of the National Defense Authorization Act for

Fiscal Year 2020 \(Public Law 116-92; 10 U.S.C. 1074f note\)

for tracking purposes.

\(f\) Report to Congress.—Not later than 90 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the appropriate congressional committees a

report containing—

\(1\) the location of each open-air burn pit identified

pursuant to subsection \(a\);

\(2\) the results of the collection and evaluation of air

quality data under subsection \(c\); and

\(3\) any updates to the watch list of the Department

consistent with the requirement under subsection \(d\) made as

of the date of the submission of such report, and the planned

timeline of the Secretary for subsequent updates.

\(g\) Appropriate Congressional Committees Defined.—In this

section, the term “appropriate congressional committees”

means—

\(1\) the Committees on Armed Services of the Senate and the

House of Representatives; and

\(2\) the Committees on Veterans' Affairs of the Senate and

the House of Representatives.

SA 5934. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,

### and for defense activities of the Department of Energy, to prescribe

military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VII add the following:

SEC. 771. SUPPLEMENTATION OF HEALTH RECORDS OF DECEASED

VETERANS.

\(a\) In General.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense and the

Secretary of Veterans Affairs shall jointly take actions

necessary to ensure that the health records of the Department

of Defense and the Department of Veterans Affairs may be

updated with observed health conditions and other relevant

health information of a deceased enrollee by—

\(1\) an individual designated by such deceased enrollee; or

\(2\) if no such individual is designated, an immediate

family member of such deceased enrollee.

\(b\) Designation.—The Secretary of Defense and the

Secretary of Veterans Affairs shall jointly provide for a

process by which an individual may make a designation for

purposes of subsection \(a\)\(1\).

\(c\) No Modification of Health Information.—Notwithstanding

the privacy regulations promulgated under the Health

Insurance Portability and Accountability Act of 1996 \(Public

Law 104-191\), at part 160 of title 45, Code of Federal

Regulations, and subparts A, C, and E of part 164 of such

title \(or any successor regulations\), any update under

subsection \(a\) shall supplement information contained in the

health records of a deceased enrollee and shall not modify

information contained in such records.

\(d\) Definitions.—In this section:

\(1\) Deceased enrollee.—The term “deceased enrollee”

means any individual who, at the time of his or her death—

\(A\) was enrolled in the patient enrollment system of the

Department of Veterans Affairs established and operated under

section 1705\(a\) of title 38, United States Code; or

\(B\) was entitled to care under the TRICARE program, as

defined in section 1072 of title 10, United States Code.

\(2\) Immediate family member.—The term “immediate family

member”, with respect to a deceased enrollee, means—

\(A\) the spouse, parent, brother, sister, or adult child of

the individual; or

\(B\) an adult person to whom the individual stands in loco

parentis.

SA 5935. Mr. BARRASSO \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the

following:

Subtitle \_\_ Strategic Subsea Cables Act of 2026

SEC. \_\_1. SHORT TITLE.

This subtitle may be cited as the “Strategic Subsea Cables

Act of 2026”.

SEC. \_\_2. DEFINITIONS.

In this subtitle:

\(1\) Agency.—The term “agency” has the meaning given the

term in section 3502 of title 44, United States Code.

\(2\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Foreign Relations and the Committee on

Appropriations of the Senate; and

\(B\) the Committee on Foreign Affairs and the Committee on

Appropriations of the House of Representatives.

\(3\) Appropriate federal agencies.—The term “appropriate

Federal agencies” means the following:

\(A\) The Department of Commerce.

\(B\) The Department of Defense.

\(C\) The Office of the Director of National Intelligence.

\(D\) The Department of State.

\(E\) The Federal Communications Commission.

\(F\) The Department of the Treasury.

\(G\) The Department of Justice.

\(H\) Any additional Federal agencies, as determined by the

President.

\(4\) Critical undersea infrastructure.—The term “critical

undersea infrastructure” refers to both subsea

communications infrastructure and subsea energy

infrastructure.

\(5\) Interagency committee.—The term “interagency

committee” means the entity established under section

\_\_1\(b\).

\(6\) Non-federal entity.—The term “non-Federal entity”

means any nongovernmental entity that is an individual,

organization, or business involved in the operation,

maintenance, repair, or construction of critical undersea

infrastructure, including critical undersea infrastructure

owners.

\(7\) Sabotage.—The term “sabotage” means actions, or

preparations for future actions, taken with the intent to

cause defective production, operation, or damage to critical

undersea infrastructure, including the confidentiality,

availability, and integrity of data transmitted via subsea

communications infrastructure.

\(8\) Subsea energy infrastructure.—The term “subsea energy

infrastructure” means a subsea cable, pipeline, or other

equipment installed on, beneath, or within the seabed,

including—

\(A\) to transmit electricity, including via subsea

electricity cables, subsea electricity transformers, or

equipment related to the support of offshore energy

production installations;

\(B\) to transport natural gas, oil, or hydrogen between

land-based or off-shore infrastructure; and

\(C\) associated landing stations and facilities.

\(9\) Subsea communications infrastructure.—The term

“subsea communications infrastructure” has the same meaning

as “submarine cable system”, as defined in section

1.70001\(h\) of title 47, Code of Federal Regulations, and any

subsequent update to such meaning.

PART I—INTERNATIONAL COORDINATION AND ENGAGEMENT ON CRITICAL UNDERSEA

INFRASTRUCTURE

SEC. \_\_1. FINDINGS.

Congress makes the following findings:

\(1\) Sabotage of critical undersea infrastructure poses a

growing threat to United States and allied security and

economic prosperity.

\(2\) In recent years, numerous critical undersea

infrastructure sites were destroyed or damaged, including—

\(A\) in January 2022, the reported damage to subsea

communications infrastructure connecting the Norwegian

mainland with the Norwegian archipelago of Svalbard, home of

SvalSAT, the largest commercial satellite ground station on

Earth;

\(B\) in September 2022, the reported damage to 3 of the 4

trunklines of the Nord Stream 1 and Nord Stream 2 natural gas

pipelines, at sites northeast and southeast of the Danish

island of Bornholm in the Western Baltic Sea;

\(C\) in February 2023, the reported damage to subsea

communications infrastructure connecting the main island of

Taiwan to the Matsu Islands in the Taiwan Strait;

\(D\) in October 2023, the reported damage to the Finland-to-

Estonia Balticconnector natural gas pipeline spanning the

Gulf of Finland, in addition to the reported damage to subsea

communications cables connecting Estonia and Sweden and

Finland and Estonia;

\(E\) in November 2024, the reported damage to the Finland-

to-Germany C-Lion1 subsea communications cables and the

Lithuania-to-Sweden BCS subsea communications cable in the

central Baltic Sea;

\(F\) in December 2024, the reported damage to the Finland-

to-Estonia EstLink2 subsea electricity interconnection cable

and nearby subsea communications cables in the Gulf of

Finland;

\(G\) in January 2025, the reported damage to the Trans-

Pacific Express subsea communications cable connecting Taiwan

to the United States, the Republic of Korea, and Japan;

\(H\) in February 2025, the reported damage to a subsea

communications cable connecting the main island of Taiwan

with the Penghu Islands in the Taiwan Strait;

\(I\) in January 2026, the reported damage to subsea

communications cables from Latvia in the Central Baltic Sea

linking Liepaja and Sventoji; and

\(J\) in January 2026, the reported damage to the Elisa cable

connecting Finland and Estonia involving a vessel named the

Fitburg.

\(3\) In February 2024, NATO Defense Ministers established

the Critical Undersea Infrastructure Network to coordinate

information and threat intelligence sharing among private and

public sector actors to protect critical undersea

infrastructure.

\(4\) In January 2025, following critical undersea

infrastructure sabotage in the Baltic Sea in December 2024,

the North Atlantic Treaty Organization \(NATO\) launched Baltic

Sentry to strengthen the protection of critical undersea

infrastructure.

\(5\) On February 21, 2025, the European Union published an

EU Action Plan on Cable Security to include the development

and deployment of an Integrated Surveillance Mechanism for

Submarine cables work to establish a dedicated regional hub

in the Baltic Sea to serve as a test bed of the integrated

surveillance approach.

\(6\) The Association of Southeast Asian States \(ASEAN\)

published guidelines for Strengthening Resilience and Repair

of Submarine Cables and most recently announced plans to

“build a secure, diverse and resilient submarine cable

network” and “to facilitate the expeditious deployment,

repair, maintenance, removal, and protection of submarine

cables, between ASEAN Member States”.

\(7\) On July 1, 2025, the Quad, represented by the United

States, India, Japan, and Australia, met to reaffirm its

commitment to the Quad Partnership on Cable Connectivity and

Resilience. In the meeting, the Quad underscored the need for

digital infrastructure collaboration, organizing a subsea

cables forum to be hosted by the United States and India and

encouraging regulatory harmonization between Quad partners.

Through this initiative, the Quad seeks to defend and promote

resilient, secure, and transparent digital infrastructure

across the Indo-Pacific region.

SEC. \_\_2. SENSE OF CONGRESS.

It is the sense of Congress that—

\(1\) critical undersea infrastructure represents vital

strategic and economic links

between the United States and its partners and allies;

\(2\) according to NATO, “undersea cables carry an estimated

$10 trillion in transfers every day; two-thirds of the

world's oil and gas is either extracted at sea or transported

by sea; and around 95 percent of global data flows are

transmitted via undersea cables”;

\(3\) since Russia's full-scale invasion of Ukraine in 2022,

there has been a marked increase in high-profile suspected

sabotage incidents resulting in damage to critical undersea

infrastructure, especially across Northern Europe and East

Asia;

\(4\) the United States Government has an important role to

play in advancing United States interests in international

bodies that oversee the protection of critical undersea

infrastructure, including promoting network resilience and

redundancy, and advancing regulations in support of these

goals;

\(5\) the United States Government should play a more active

role in NATO initiatives such as the NATO Maritime Centre for

the Security of Critical Undersea Infrastructure, the

Critical Undersea Infrastructure Coordination Cell, the

Critical Undersea Infrastructure Network, and the NATO-EU

Task Force on the Resilience of Critical Infrastructure,

allied maritime security efforts such as the Joint

Expeditionary Force, Indo-Pacific initiatives, including the

Quad Partnership for Cable Connectivity and Resilience, and

international organizations such as the International Cable

Protection Committee \(ICPC\), in order to advance United

States national security and economic interests;

\(6\) the United States should lead efforts to promote the

deployment of resilient critical undersea infrastructure

networks, enhance situational awareness, strengthen

preparedness, and formalize collective responses among allies

and partners through enhanced information sharing and

coordination; and

\(7\) while critical undersea infrastructure owners and other

associated private sector stakeholders carry significant

responsibility in safeguarding this infrastructure, the

United States Government and allied foreign governments need

to play a greater role.

SEC. \_\_3. ENHANCING UNITED STATES GOVERNMENT ENGAGEMENT WITH

RELEVANT INTERNATIONAL BODIES TO SAFEGUARD

UNITED STATES INTERESTS.

\(a\) In General.—The Secretary of State, in coordination

with the interagency committee, as appropriate, shall seek to

increase United States Government engagement with relevant

international bodies to advance United States national

security and economic interests as it relates to critical

undersea infrastructure.

\(b\) Report.—Not later than one year after the date of the

enactment of this Act, and annually thereafter for 5 years,

the Secretary of State shall submit a report to the

appropriate congressional committees that includes the

following:

\(1\) A description of how increased United States Government

engagement with relevant international bodies, including in

coordination with the United States domestic subsea cable

industry, could support United States national security

objectives as it relates to the protection of critical

undersea infrastructure.

\(2\) A description of key objectives for promoting and

protecting United States national security interests within

relevant international bodies.

\(3\) A description of how the People's Republic of China

entities leverage their engagement with relevant

international bodies to further their strategic interests.

\(4\) A description of how encouraging other countries and

regional bodies to engage with relevant international bodies

can better ensure coordinated, consistent global subsea

communications infrastructure policies.

\(5\) A description of international bodies relevant for

critical undersea infrastructure where the United States

should increase its diplomatic engagement.

SEC. \_\_4. IMPOSITION OF SANCTIONS WITH RESPECT TO CRITICAL

UNDERSEA INFRASTRUCTURE SABOTAGE.

\(a\) In General.—The President, in coordination with the

Secretary of State and the Secretary of the Treasury, shall

impose the sanctions described in subsection \(c\) with respect

to any foreign person that the President determines, on or

after the date of the enactment of this Act, is responsible

for acts of sabotage or facilitates acts of sabotage against

critical undersea infrastructure, including—

\(1\) any foreign vessel or entity the owner or operator of

which knowingly—

\(A\) commits acts of sabotage; or

\(B\) conducts preparatory surveillance, logistical support,

security, or other services that facilitate or enable an act

of sabotage; and

\(2\) any foreign person that the President determines

knowingly—

\(A\) owns, operates, or manages the vessel or entity

described in paragraph \(1\);

\(B\) provides underwriting services or insurance or

reinsurance necessary for such a vessel or entity;

\(C\) facilitates deceptive or structured transactions to

support a vessel or entity described in paragraph \(1\);

\(D\) provides port or logistics services or facilities for

technology upgrades or installation of equipment for, or

retrofitting or tethering of, a vessel described in paragraph

\(1\) for the purpose of evading sanctions;

\(E\) provides documentation, registration, or flagging

services for a vessel described in paragraph \(1\) for the

purpose of evading sanctions; or

\(F\) serves as a captain, principal officer, or senior

leadership of such a vessel or entity.

\(b\) Sanctions Described.—The sanctions described in this

subsection are the following:

\(1\) Blocking of property.—The President may exercise all

of the powers granted by the International Emergency Economic

Powers Act \(50 U.S.C. 1701 et seq.\) to the extent necessary

to block and prohibit all transactions in all property and

interests in property of a foreign person described in

subsection \(a\), if such property and interests in property

are in the United States, come within the United States, or

are or come within the possession or control of a United

States person.

\(2\) Ineligibility for visas, admission, or parole.—

\(A\) Visas, admission, or parole.—An alien described in

subsection \(a\) shall be—

\(i\) inadmissible to the United States;

\(ii\) ineligible to receive a visa or other documentation to

enter the United States; and

\(iii\) otherwise ineligible to be admitted or paroled into

the United States or to receive any other benefit under the

Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).

\(B\) Current visas revoked.—

\(i\) In general.—The visa or other entry documentation of

an alien described in subsection \(a\) shall be revoked,

regardless of when such visa or other entry documentation is

or was issued.

\(ii\) Immediate effect.—A revocation under clause \(i\)

shall—

\(I\) take effect immediately; and

\(II\) automatically cancel any other valid visa or entry

documentation that is in the possession of the alien.

\(c\) Implementation; Penalties.—

\(1\) Implementation.—The President may exercise all

authorities provided under sections 203 and 205 of the

International Emergency Economic Powers Act \(50 U.S.C. 1702

and 1704\) to carry out this section.

\(2\) Penalties.—The penalties provided for in subsections

\(b\) and \(c\) of section 206 of the International Emergency

Economic Powers Act \(50 U.S.C. 1705\) shall apply to any

person that violates, attempts to violate, conspires to

violate, or causes a violation of any prohibition of this

section, or an order or regulation prescribed under this

section, to the same extent that such penalties apply to a

person that commits an unlawful act described in section

206\(a\) of such Act \(50 U.S.C. 1705\(a\)\).

\(d\) Exceptions.—

\(1\) Exception to comply with united nations headquarters

agreement and law enforcement activities.—Sanctions under

this section shall not apply with respect to the admission or

parole of an alien to the United States if admitting or

paroling the alien 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.

\(2\) Exception to comply with 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.

\(3\) Exception relating to importation of goods.—

\(A\) In general.—A requirement to block and prohibit all

transactions in all property and interests in property under

this section shall not include the authority or requirement

to impose sanctions on the importation of goods.

\(B\) Good defined.—In this paragraph, the term “good”

means any article, natural or manmade substance, material,

supply or manufactured product, including inspection and test

equipment, and excluding technical data.

\(4\) Exception for humanitarian assistance.—Sanctions under

this section shall not apply to—

\(A\) the conduct or facilitation of a transaction for the

provision of agricultural commodities, food, medicine,

medical devices, or humanitarian assistance, or for

humanitarian purposes; or

\(B\) transactions that are necessary for or related to the

activities described in subparagraph \(A\).

\(5\) Exception for safety of vessels and crew.—Sanctions

under this section shall not apply with respect to a person

providing provisions to a vessel otherwise subject to

sanctions under this section if such provisions are intended

for the safety and care of the crew aboard the vessel, the

protection of human life aboard the vessel, or the

maintenance of the vessel to avoid any environmental or other

significant damage.

\(e\) Definitions.—In this section:

\(1\) Admission; admitted; alien.—The terms “admission”,

“admitted”, and “alien” have the meanings given those

terms in section 101 of the Immigration and Nationality Act

\(8 U.S.C. 1101\).

\(2\) Agricultural commodity.—The term “agricultural

commodity” has the meaning given that term in section 102 of

the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).

\(3\) Foreign person.—The term “foreign person” means an

individual or entity that is not a United States person.

\(4\) Medicine.—The term “medicine” has the meaning given

the term “drug” in section 201 of the Federal Food, Drug,

and Cosmetic Act \(21 U.S.C. 321\).

\(5\) Medical device.—The term “medical device” has the

meaning given the term “device” in section 201 of the

Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).

\(6\) United states person.—The term “United States

person” means—

\(A\) any United States citizen or an alien lawfully admitted

for permanent residence to the United States;

\(B\) an entity organized under the laws of the United States

or of any jurisdiction within the United States, including

any foreign branch of such an entity; or

\(C\) any person in the United States.

\(f\) National Security Interests Waiver.—The President may

waive the application of sanctions under this section if,

before issuing the waiver, the President submits to the

appropriate congressional committees—

\(1\) a certification in writing that the issuance of the

waiver is in the national security interests of the United

States; and

\(2\) a report explaining the basis for the certification.

SEC. \_\_5. REPORT ON ACTIVITIES BY THE PEOPLE'S REPUBLIC OF

CHINA AND THE RUSSIAN FEDERATION.

\(a\) Report.—Not later than 180 days after the date of the

enactment of this Act, and annually thereafter for 5 years,

the Office of the Director of National Intelligence \(ODNI\),

in coordination with the Secretary of State, the Secretary of

Defense, and the heads of other relevant Federal agencies,

shall submit a report to the appropriate congressional

committees that includes the following:

\(1\) A description, with respect to the applicable reporting

period, of the subsea cable manufacturing, installation, and

maintenance capabilities of the People's Republic of China

\(PRC\) and the Russian Federation.

\(2\) An analysis of the mission, capabilities, and

activities of the Main Directorate of Deep-Sea Research

\(GUGI\) of the Armed Forces of the Russian Federation,

including—

\(A\) a description of GUGI operations and capabilities in

deep water and littoral infrastructure surveillance, seabed

warfare, and sabotage, including recent activity trends and

development of new weapons systems;

\(B\) a description of GUGI's use of ostensibly civilian

research vessels to conduct critical undersea infrastructure

surveillance, seabed warfare, and potential sabotage;

\(C\) an assessment of the impact of sanctions on the ability

of GUGI to procure advanced technologies and equipment, as

well as its efforts to circumvent those sanctions; and

\(D\) a list of suspected GUGI research or scientific

vessels, including vessel names and International Maritime

Organization and Maritime Mobile Service Identity numbers,

and related equipment that are suspected of engaging in dual-

use operations and probing of critical undersea

infrastructure.

\(3\) An analysis of the missions, capabilities, and

activities of the Main Directorate of the General Staff of

the Armed Forces of the Russian Federation \(GRU\), including—

\(A\) a description of GRU operations and capabilities

related to physical, electronic, and cyber surveillance,

monitoring, and sabotage of critical undersea infrastructure

and maritime logistics;

\(B\) a description of the use of Russian civilian merchant

and fishing vessels by the GRU, including a list of fishing

and merchant vessel names and International Maritime

Organization and Maritime Mobile Service Identity Numbers

believed to be involved in surveillance or sabotage

activities; and

\(C\) an assessment of the impact of sanctions on the ability

of GUGI to procure advanced technologies and equipment, as

well as its efforts to circumvent those sanctions.

\(4\) An analysis of the missions, capabilities, and

activities of the People's Liberation Army, the PRC Coast

Guard, the China Ship Scientific Research Center, HMN

Technologies, and other PRC-based entities, including

unmarked or dual-use maritime militia or commercial vessels

related to surveillance, monitoring, and sabotage of critical

undersea infrastructure, including—

\(A\) a description of recent capability developments related

to surveilling or sabotaging critical undersea

infrastructure, including for both deep-sea and littoral

purposes; and

\(B\) a description of the PRC's use of ostensibly civilian

fishing, merchant, and research vessels for sabotage or

surveillance of critical undersea infrastructure, including

in the Indo-Pacific, Africa, Latin America, Europe, and the

Western Hemisphere.

\(5\) An assessment of cooperation between the Russian

Federation and the PRC on surveillance or sabotage of

critical undersea infrastructure, including—

\(A\) any current or planned operational coordination against

United States or allied and partner nation targets;

\(B\) any joint research, development, testing, or evaluation

of critical undersea infrastructure surveillance, sabotage,

or seabed warfare capabilities;

\(C\) any technology transfers or joint training related to

critical undersea infrastructure surveillance, sabotage, or

seabed warfare; and

\(D\) any coordination in procurement of advanced

technologies related to critical undersea infrastructure,

surveillance, sabotage, or seabed warfare, or circumvention

of sanctions against the Russian Federation.

\(6\) A list of instances during the previous calendar year

in which the United States, or allies and partners of the

United States, documented anomalous behavior from vessels,

either flagged, crewed, or operated by the PRC or Russia,

around critical undersea infrastructure, including—

\(A\) any official United States Government response to

counter the anomalous behavior; and

\(B\) any coordinated diplomatic action with allies and

partners.

\(7\) An assessment of the extent to which PRC-based entities

are involved in laying, maintaining, and repairing United

States-invested cables.

\(b\) Initial and Subsequent Reports.—The initial report

required under subsection \(a\) shall cover the period between

January 1, 2022, through the date of the enactment of this

Act. Subsequent reports required by subsection \(a\) shall

cover the previous calendar year for the reporting period.

\(c\) Classification.—The report required under subsection

\(a\) shall be submitted in unclassified form but may include a

classified annex.

SEC. \_\_6. REPORT ON POTENTIAL SABOTAGE OF CRITICAL UNDERSEA

INFRASTRUCTURE.

\(a\) In General.—Not later than 180 days after the date of

the enactment of this Act, the Director of National

Intelligence, in coordination with the Secretary of State,

the Secretary of Defense, and the heads of other relevant

Federal agencies, shall submit to the Select Committee on

Intelligence of the Senate, the Permanent Select Committee on

Intelligence of the House of Representatives, and the

appropriate congressional committees a report that includes

the assessment of the intelligence community, including

dissents from individual agencies, of the likely cause and,

if applicable, the attribution of the following instances of

reported sabotage of critical undersea infrastructure:

\(1\) In January 2022, the reported damage to the subsea

communications infrastructure connecting the Norwegian

mainland with the Norwegian archipelago of Svalbard.

\(2\) The September 2022 sabotage of three of the four

trunklines of the Nord Stream 1 and Nord Stream 2 natural gas

pipelines, at sites northeast and southeast of the Danish

island of Bornholm in the Western Baltic Sea, including—

\(A\) an assessment of the activities of Russian military

vessels, including those with undersea warfare capabilities,

at any of the Nord Stream blast sites in the months leading

up to the incident;

\(B\) a description of any Russian civilian or military

vessels intercepted or diverted from the blast sites in the

aftermath of the sabotage or vessels or underwater unmanned

vehicles that gained access to the blast sites;

\(C\) an assessment of the technical feasibility of a small

group of divers conducting the Nord Stream sabotage using the

rental boat “Andromeda” in the weather and sea conditions

present at the time;

\(D\) an assessment of whether the Russian Federation's

documented practice of recruiting or coercing Ukrainians or

other third country nationals to conduct sabotage operations

on land targets is applicable to a maritime context;

\(E\) an assessment of the fees and penalties for failure to

honor gas delivery contracts that Gazprom or other Russian

entities potentially faced due to the throttling of gas

deliveries via the Nord Stream 1 pipeline in 2021;

\(F\) an assessment of the insurance implications for Nord

Stream 1 and 2, as well as its insurers and Western

financiers, depending on the identity of the perpetrator;

\(G\) a description of the law enforcement investigations by

regional governments, the scope of their investigations, and

their outcomes;

\(H\) an assessment of whether any Russian vessels documented

in close proximity to the Nord Stream blast sites in the

months leading up to or immediately after the incident,

including those with undersea surveillance or warfare

capabilities, were present at other suspected sabotage sites

either before or after the incident in question; and

\(I\) any information on potential attribution received from

allied or partner nation communications through diplomatic or

intelligence channels.

\(3\) In February 2023, the reported damage to subsea

communications infrastructure connecting the main island of

Taiwan to the Matsu Islands in the Taiwan Strait.

\(4\) In October 2023, the reported damage to the Finland-to-

Estonia Baltic connector natural gas pipeline, in addition to

subsea communications infrastructure connecting Estonia and

Sweden and Finland and Estonia.

\(5\) In November 2024, the reported damage to the Finland-

to-Germany C-Lion1 subsea communications cable and the

Lithuania-to-Sweden BCS subsea communications cable in the

central Baltic Sea.

\(6\) In December 2024, the reported damage to the Finland-

to-Estonia EstLink2 subsea electricity interconnection cable

and nearby subsea communications cables in the Gulf of

Finland.

\(7\) In January 2025, the reported damage to the Trans-

Pacific Express subsea communications infrastructure

connecting Taiwan to the United States, the Republic of

Korea, and Japan.

\(8\) In February 2025, the reported damage to a subsea

communications cable connecting the main island of Taiwan

with the Penghu Islands in the Taiwan Strait.

\(9\) In January 2026, the reported damage to subsea

communications cables from Latvia in the Central Baltic Sea

connecting Liepaja and Sventoji.

\(10\) In January 2026, the reported damage to the Elisa

cable connecting Finland and Estonia involving a vessel

called the Fitburg.

\(b\) Form.—The report required by subsection \(a\) shall be

submitted in unclassified form, but may include a classified

annex.

SEC. \_\_7. ENGAGING FOREIGN PARTNERS TO STRENGTHEN THE

SECURITY OF CRITICAL UNDERSEA INFRASTRUCTURE.

\(a\) Sense of Congress.—It is the sense of Congress that—

\(1\) as international critical undersea infrastructure

expands, there are increasing challenges to the proper

installation, maintenance, repair, and protection of

international subsea cables that have the potential to

undermine United States and foreign partner national security

interests;

\(2\) the United States is uniquely positioned to provide

technical, material, and other forms of support to

international partners to enhance the resilience of

international critical undersea infrastructure;

\(3\) the United States Government should enhance its

diplomatic efforts to work alongside trusted allies to help

foreign governments improve efforts to quickly and

effectively install, maintain, repair, and protect

international critical undersea infrastructure; and

\(4\) given the importance of critical undersea

infrastructure to United States and allied energy security

and prosperity, adversaries are increasingly prioritizing

capabilities designed to target United States and allied

subsea energy infrastructure.

\(b\) Commitment of Personnel and Resources.—The Secretary

of State shall devote sufficient personnel and resources

towards—

\(1\) engaging with foreign countries, in coordination with

other relevant Federal agencies, to improve security and

reduce barriers to the installation, monitoring, maintenance,

and repair of critical undersea infrastructure; and

\(2\) working with allies and partners to improve response

times to address critical undersea infrastructure sabotage,

including, as appropriate, by improving the coordination of

cable repair vessel deployments.

\(c\) Report.—Not later than 180 days after the date of the

enactment of this Act, and annually thereafter for the next 5

years, the Secretary of State, in coordination with other

relevant Federal agencies, shall submit to the appropriate

congressional committees a report that outlines efforts by

the United States Government in the prior calendar year to

work with international allies and partners to strengthen the

security of and reduce barriers to the monitoring,

maintenance, repair, and protection of critical undersea

infrastructure, including—

\(1\) a list of current foreign policies or laws that create

barriers to United States-led efforts to install, maintain,

repair, and protect critical undersea infrastructure; and

\(2\) progress made in the previous calendar year as a result

of United States engagement with allies and partners.

PART II—DEPARTMENT OF STATE CRITICAL UNDERSEA INFRASTRUCTURE EXPERTISE

SEC. \_\_1. EXPANDING CRITICAL UNDERSEA INFRASTRUCTURE-RELATED

EXPERTISE AT THE DEPARTMENT OF STATE.

\(a\) In General.—The Secretary of State shall assign not

fewer than four full-time equivalent individuals, of which

not fewer than two individuals shall be assigned to the

Bureau for Cyberspace and Digital Policy to cover subsea

communications infrastructure, in order to support the

Department of State's interagency engagement on matters

related to critical undersea infrastructure, including—

\(1\) critical undersea infrastructure protection and

resilience;

\(2\) coordination with United States allies and partners;

and

\(3\) United States engagement in international bodies that

cover critical undersea infrastructure.

\(b\) Assignment.—The Bureau for Cyberspace and Digital

Policy may not dual-hat currently employed personnel in

meeting the minimum hiring requirement outlined in subsection

\(a\).

\(c\) Notification.—Not later than 15 days after fulfilling

the hiring requirement in subsection \(a\), the Secretary of

State shall notify the Committee on Foreign Relations of the

Senate and the Committee on Foreign Affairs of the House of

Representatives.

\(d\) International Cooperation on Critical Undersea

Infrastructure Sabotage.—Not later than 90 days after the

date of the enactment of this Act, the Secretary of State

shall submit to the appropriate congressional committees a

report on how the United States Government plans to

prioritize diplomatic engagement within relevant

international bodies to spur increased information sharing

between allied and partner governments and relevant private

sector companies regarding threats to, and the sabotage of,

critical undersea infrastructure.

PART III—SUBSEA COMMUNICATIONS INFRASTRUCTURE COORDINATION,

CONSTRUCTION, AND REPAIR

SEC. \_\_1. IMPROVING UNITED STATES GOVERNMENT COORDINATION OF

SUBSEA COMMUNICATIONS INFRASTRUCTURE.

\(a\) Findings.—Congress makes the following findings:

\(1\) According to a December 2024 United States Federal

Government white paper, “There currently exists no forum in

which the full scope of the \[subsea\] cable industry can

effectively collaborate with the U.S. government to identify

and address shared challenges.”.

\(2\) United States Federal Government responsibilities for

the protection of subsea communications infrastructure,

damage reporting, information and intelligence sharing, and

emergency response are overseen by various government actors

through a multitude of mechanisms spanning several Federal

departments and agencies.

\(3\) In order for the subsea cable industry to align with

United States economic and security interests and help

industry prepare security risk mitigation measures, the

United States Government must provide the industry a clearer

concept of operations, assessed risks to cable supply chain

and infrastructure, enhanced and standardized security

measures, defined lines of effort in cases of emergency, and

definitive cost analysis.

\(b\) Establishment.—Not later than one year after the date

of the enactment of this Act, the President shall establish

an interagency committee \(referred to in this subtitle as the

“interagency committee”\) comprised of the heads of the

appropriate Federal agencies, or their designees, to lead

United States Government efforts to—

\(1\) protect and improve the resilience of subsea

communications infrastructure;

\(2\) effectively collaborate with non-Federal entities,

including relevant members of the subsea cable industry, to

identify and address shared challenges to subsea

communications infrastructure security and resilience;

\(3\) coordinate United States Government policies to improve

subsea communications infrastructure security and resilience;

and

\(4\) address other matters related to subsea communications

infrastructure deemed appropriate and necessary by the

President.

\(c\) Coordination.—The President shall direct the

interagency committee to conduct an overview of the United

States Federal Government's operational authorities for

subsea communications infrastructure security and resilience.

The overview shall include an interagency concept of

operations for partnering with non-Federal entities,

including subsea communications infrastructure owners and

operators, to secure and repair subsea communications

infrastructure systems in a variety of crisis scenarios; and

\(d\) Analysis of Subsea Communications Infrastructure

Sabotage.—

\(1\) In general.—The President shall direct the heads of

the appropriate Federal agencies to develop strategies to

coordinate closely within the interagency process and with

subsea communications infrastructure industry stakeholders to

review sabotage and other threats to subsea communications

infrastructure, including by leveraging analysis from

industry-wide data, to—

\(A\) identify trends;

\(B\) refine attributions, particularly in cases of subsea

communications infrastructure sabotage;

\(C\) identify high-risk geographic areas for subsea

communications infrastructure construction;

\(D\) identify Federal Government functions and private

sector engagement methods to support the security of subsea

communications infrastructure; and

\(E\) inform future risk mitigation efforts to reduce damage

to subsea communications infrastructure.

\(2\) Strategy elements.—The strategies required under

paragraph \(1\) shall include—

\(A\) resourcing requirements;

\(B\) coordination with United States allies and partners and

relevant subsea communications infrastructure industry

stakeholders; and

\(C\) the necessary technical expertise to make attributions

for subsea communications infrastructure sabotage.

\(e\) Report.—Not later than 30 days after establishing the

required interagency committee under subsection \(b\), the

President shall submit to Congress a report that includes the

following elements:

\(1\) Any resources required to sufficiently staff the

interagency committee and United States Federal agencies

overseeing the objectives outlined in subsection \(b\).

\(2\) A detailed plan for how the interagency committee will

advance the objectives outlined in subsection \(b\).

SEC. \_\_2. STRENGTHENING INFORMATION SHARING BETWEEN UNITED

STATES GOVERNMENT AND PRIVATE SECTOR ACTORS ON

SUBSEA COMMUNICATIONS INFRASTRUCTURE.

\(a\) Public-private Sector Information Sharing.—Consistent

with the necessary protections of classified information, the

sourcing of relevant intelligence material, and privacy and

civil liberties, all appropriate Federal agencies shall, with

the approval of the interagency committee and in direct

coordination with the Office of the Director of National

Intelligence, including, as appropriate, with intelligence

sharing partnerships with trusted allies, in support of the

installation, maintenance, repair, and protection of subsea

communications infrastructure, issue procedures to establish

and promote—

\(1\) the timely sharing of classified information regarding

subsea communications infrastructure sabotage, any

indications of potential sabotage, and other threats to

subsea

communications infrastructure held by members of the

interagency committee with non-Federal entities that possess

the necessary security clearances;

\(2\) the timely sharing between the interagency committee

and non-Federal entities of information related to subsea

communications infrastructure sabotage, information relating

to indications of potential sabotage, or authorized uses

under this subtitle, in the possession of the interagency

committee that may be declassified and shared at an

unclassified level;

\(3\) the timely sharing by the interagency committee to non-

Federal entities, and the voluntary, cooperative sharing by

non-Federal entities to the interagency committee, of

unclassified, including controlled unclassified, information

regarding subsea communications infrastructure sabotage,

indications of potential sabotage, and other threats to

subsea communications infrastructure;

\(4\) the timely sharing by the interagency committee to non-

Federal entities, and the voluntary cooperative sharing by

non-Federal entities to the interagency committee, when and

if appropriate, of information relating to indications of

potential subsea communications infrastructure sabotage or

authorized uses under this title, held by the interagency

committee or non-Federal entities about subsea communications

infrastructure sabotage, in order to prevent or mitigate any

potential adverse effects from such sabotage; and

\(5\) the timely release of funds to meet cost, schedule, and

performance metrics.

\(b\) Development of Procedures.—The procedures developed in

accordance with this section shall—

\(1\) ensure the interagency committee has and maintains the

capacity to identify and inform subsea communications

infrastructure sabotage and indications of potential subsea

communications infrastructure sabotage in real time to the

appropriate Federal agencies or non-Federal entities

consistent with the protection of classified information;

\(2\) incorporate, whenever possible, existing processes,

roles, and responsibilities of members of the interagency

committee and non-Federal entities for information sharing,

including subsea communications infrastructure-specific

information sharing and analysis entities; and

\(3\) require members of the interagency committee and other

appropriate Federal agencies which are sharing subsea

communications infrastructure sabotage indicators or

defensive measures to employ any applicable security controls

to defend against unauthorized access to or acquisition of

such information.

\(c\) Submittal to Congress.—The Director of National

Intelligence, in consultation with the members of the

interagency committee, shall—

\(1\) not later than 180 days after the date of the enactment

of this Act, submit to Congress the procedures required under

subsection \(b\); and

\(2\) not later than one year after submitting such

procedures, and annually thereafter for 5 years, submit to

Congress a report on the implementation and execution of

information sharing with private sector actors in the

previous year pursuant to subsection \(a\).

SA 5936. Mr. WYDEN \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . STOP FOREIGN SPYWARE ACT.

\(a\) Short Title.—This section may be cited as the “Stop

Foreign Spyware Act”.

\(b\) Amendments.—Section 1030 of title 18, United States

Code, is amended—

\(1\) by striking “\(g\) Any” and inserting the following:

“\(g\)\(1\) In General.—Any”; and

\(2\) by inserting after subsection \(g\)\(1\), as so

redesignated by paragraph \(1\), the following:

“\(2\) Foreign Persons Using Spyware.—

“\(A\) Definitions.—In this paragraph:

“\(i\) Commercial spyware.—The term \`commercial spyware'

means spyware that is furnished for commercial purposes.

“\(ii\) Foreign person.—The term \`foreign person' means a

non-United States person \(as defined in section 2523\) located

outside the United States; and

“\(iii\) Spyware.—The term \`spyware' has the meaning given

that term in section 1102A\(a\)\(5\) of the National Security Act

of 1947 \(50 U.S.C. 3232a\(a\)\(5\)\), including the end-to-end

systems described in subparagraphs \(A\) through \(D\) of that

section.

“\(B\) Venue.—A civil action described in paragraph \(1\)

against a foreign person and in which the alleged violations

occurred via the use of commercial spyware, may be instituted

in the district court of the United States for any district

where—

“\(i\) any plaintiff resides;

“\(ii\) any defendant resides, is subject to service, or has

an agent; or

“\(iii\) a person or entity resides, has its principal place

of business, or has its place of incorporation \(as

applicable\), if the access or use of such person or entity's

hardware, software, servers, or services gave rise to the

alleged violation of this section.

“\(C\) Convenience of the forum.—The district court shall

not dismiss a civil action described in subparagraph \(B\) on

the grounds of the inconvenience or inappropriateness of the

forum chosen.

“\(D\) Consent to personal jurisdiction.—For a civil action

described in subparagraph \(B\), a foreign person defendant

shall be deemed to have consented to personal jurisdiction in

such civil action if the defendant—

“\(i\) carried out, enabled, or directed the use of

commercial spyware that accesses or uses any person or

entity's hardware, software, servers, or services, where such

person or entity resides, has its principal place of

business, or has its place of incorporation \(as applicable\),

or such hardware, software, servers, or services are located,

in the United States; or

“\(ii\) developed, furnished, sold, licensed, approved the

sale or license of, or has an ownership stake in, commercial

spyware that accesses or uses any person or entity's

hardware, software, servers, or services, where such person

or entity resides, has its principal place of business, or

has its place of incorporation \(as applicable\), or such

hardware, software, servers, or services are located, in the

United States .

“\(E\) Rule of construction.—This paragraph shall be

liberally construed to carry out the purpose of Congress to

provide relief for persons targeted by foreign commercial

spyware, consistent with the United States' national security

and foreign policy interests in countering the

counterintelligence threats posed by foreign commercial

spyware.”.

\(c\) Applicability.—This section, and the amendments made

by this section, shall apply to any pending case or any cause

of action arising on or after the date that is 4 years before

the date of enactment of this Act.

SA 5937. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. EXEMPTION FROM IMMIGRANT VISA LIMIT.

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:

“\(F\) Aliens who—

“\(i\) are eligible for a visa under paragraph \(1\) or \(3\) of

section 203\(a\); and

“\(ii\) have a parent \(regardless of whether the parent is

living or dead\) who was naturalized pursuant to—

“\(I\) section 405 of the Immigration Act of 1990 \(Public

Law 101-649; 8 U.S.C. 1440 note\); or

“\(II\) title III of the Act of October 14, 1940 \(54 Stat.

1137, chapter 876\), as added by section 1001 of the Second

War Powers Act, 1942 \(56 Stat. 182, chapter 199\).”.

SA 5938. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 529E. EXCLUSION OF MEMBERS OF ARMED FORCES FROM

ASSIGNMENTS ON THE BASIS OF GENDER:

PROHIBITION.

\(a\) Prohibition on Exclusion.—

“Sec. 652. Exclusion from assignments on the basis of gender

“\(a\) Prohibition of Exclusion.—A member of the Army,

Navy, Marine Corps, Air Force, or Space Force may not be

excluded from an occupational specialty, career field, or

assignment on the basis of gender.

“\(b\) Annual Report.—The Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the

House of Representatives an annual report that shall include,

with respect to the year preceding the date of the report,

the following elements:

“\(1\) A description of any changes to any occupational

standards \(including any physical requirements\), including a

description of how such new standard accurately predicts

performance of actual, regular, and recurring duties of a

military occupation.

“\(2\) The number of service members, by military

occupational specialty and gender, who were involuntarily

reclassified or separated \(other than for criminal or

disciplinary reasons\). including the reason for such

reclassifications or separations.”.

\(b\) Conforming Amendment.—Section 8225 of title 10, United

States Code, is repealed.

SA 5939. Mr. PETERS \(for himself and Mr. Cornyn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE SATELLITE CYBERSECURITY

SEC. 1. DEFINITIONS.

In this title:

\(1\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Commerce, Science, and Transportation

and the Committee on Homeland Security and Governmental

Affairs of the Senate; and

\(B\) the Committee on Energy and Commerce, the Committee on

Space, Science, and Technology, and the Committee on Homeland

Security of the House of Representatives.

\(2\) Clearinghouse.—The term “clearinghouse” means the

commercial satellite system cybersecurity clearinghouse

required to be developed and maintained under section

3\(b\)\(1\).

\(3\) Commercial satellite system.—The term “commercial

satellite system”—

\(A\) means a system that—

\(i\) is owned or operated by a non-Federal entity that holds

a license issued by the United States for business

operations; and

\(ii\) is composed of not less than 1 earth satellite; and

\(B\) includes—

\(i\) any ground support infrastructure for each satellite in

the system; and

\(ii\) any transmission link among and between any satellite

in the system and any ground support infrastructure in the

system.

\(4\) Critical infrastructure.—The term “critical

infrastructure” has the meaning given the term in subsection

\(e\) of the Critical Infrastructure Protection Act of 2001 \(42

U.S.C. 5195c\(e\)\).

\(5\) Cybersecurity risk; cybersecurity threat.—The terms

“cybersecurity risk” and “cybersecurity threat” have the

meanings given those terms in section 2200 of the Homeland

Security Act of 2002 \(6 U.S.C. 650\).

\(6\) Secretary.—The term “Secretary” means the Secretary

of Commerce.

SEC. 2. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.

\(a\) Study.—The Comptroller General of the United States

shall conduct a study on the actions the Federal Government

has taken to support the cybersecurity of commercial

satellite systems, including as part of any action to address

the cybersecurity of critical infrastructure sectors.

\(b\) Report.—Not later than 2 years after the date of

enactment of this Act, the Comptroller General of the United

States shall submit to the appropriate congressional

committees a report on the study conducted under subsection

\(a\), which—

\(1\) shall include—

\(A\) information on efforts of the Federal Government, and

the effectiveness of those efforts, to—

\(i\) address or improve the cybersecurity of commercial

satellite systems; and

\(ii\) support related efforts with international entities or

the private sector;

\(B\) information on the resources made available to the

public by Federal agencies to address cybersecurity risks and

threats to commercial satellite systems, including resources

made available through the clearinghouse;

\(C\) information on the extent to which commercial satellite

systems are reliant on, or relied on by, critical

infrastructure;

\(D\) an analysis of how commercial satellite systems and the

threats to those systems are integrated into critical

infrastructure risk analyses and protection plans;

\(E\) information on the extent to which Federal agencies are

reliant on commercial satellite systems and how Federal

agencies mitigate cybersecurity risks associated with those

systems;

\(F\) information on the extent to which Federal agencies are

reliant on commercial satellite systems that are owned wholly

or in part or controlled by foreign entities, or that have

infrastructure in foreign countries, and how Federal agencies

mitigate associated cybersecurity risks;

\(G\) information on the extent to which Federal agencies

coordinate or duplicate authorities and take other actions

focused on the cybersecurity of commercial satellite systems;

and

\(H\) as determined appropriate by the Comptroller General of

the United States, recommendations to support the

cybersecurity of commercial satellite systems, including

recommendations on information that should be shared through

the clearinghouse; and

\(2\) shall not include recommendations described in

paragraph \(1\)\(H\) for new or changing authorities or

regulations for Federal agencies.

\(c\) Consultation.—In carrying out subsections \(a\) and \(b\),

the Comptroller General of the United States shall coordinate

with appropriate Federal agencies and organizations,

including—

\(1\) the Department of Commerce;

\(2\) the Office of the National Cyber Director;

\(3\) the Department of Homeland Security;

\(4\) the Department of Defense;

\(5\) the Department of Transportation;

\(6\) the Federal Communications Commission;

\(7\) the National Aeronautics and Space Administration;

\(8\) the National Executive Committee for Space-Based

Positioning, Navigation, and Timing;

\(9\) the National Space Council;

\(10\) the Office of Science and Technology Policy;

\(11\) the Department of Justice; and

\(12\) the Committee for the Assessment of Foreign

Participation in the United States Telecommunications

Services Sector.

\(d\) Briefing.—Not later than 2 years after the date of

enactment of this Act, the Comptroller General of the United

States shall provide to the appropriate congressional

committees a briefing on the study conducted under subsection

\(a\).

\(e\) Classification.—The report submitted under subsection

\(b\) shall be unclassified but may include a classified annex.

SEC. 3. RESPONSIBILITIES OF THE DEPARTMENT OF COMMERCE.

\(a\) Definition.—In this section, the term “small business

concern” has the meaning given the term in section 3 of the

Small Business Act \(15 U.S.C. 632\).

\(b\) Establishment of Commercial Satellite System

Cybersecurity Clearinghouse.—

\(1\) In general.—Not later than 180 days after the date of

enactment of this Act, the Secretary, in coordination with

the Secretary of Homeland Security, shall develop and

maintain a commercial satellite system cybersecurity

clearinghouse for the purpose of serving as a repository for

publicly available resources, guidance, frameworks, voluntary

recommendations, and tools.

\(2\) Requirements.—The clearinghouse—

\(A\) shall be publicly available online;

\(B\) shall contain publicly available commercial satellite

system cybersecurity resources, including the voluntary

recommendations consolidated under subsection \(c\)\(1\);

\(C\) shall contain appropriate materials for reference by

entities that develop, operate, or maintain commercial

satellite systems;

\(D\) shall contain materials specifically aimed at assisting

small business concerns with the secure development,

operation, and maintenance of commercial satellite systems;

\(E\) may contain controlled unclassified information

distributed to commercial entities through a process

determined appropriate by the Secretary; and

\(F\) may not contain sensitive security or proprietary

information in the absence of the establishment and use of a

gateway to limit access to approved users, as determined by

the Secretary.

\(3\) Content maintenance.—The Secretary shall maintain

current and relevant cybersecurity information on the

clearinghouse.

\(4\) Existing platform or website.—To the extent

practicable, the Secretary shall establish and maintain the

clearinghouse using an online platform, a website, or a

capability in existence as of the date of enactment of this

Act.

\(c\) Consolidation of Commercial Satellite System

Cybersecurity Recommendations.—

\(1\) In general.—The Secretary, in coordination with the

Secretary of Homeland Security, shall consolidate voluntary

cybersecurity recommendations designed to assist in the

development, maintenance, and operation of commercial

satellite systems.

\(2\) Requirements.—The recommendations consolidated under

paragraph \(1\) shall include materials appropriate for a

public resource addressing, to the greatest extent

practicable, the following:

\(A\) Risk-based, cybersecurity-informed engineering,

including continuous monitoring and resiliency.

\(B\) Planning for retention or recovery of positive control

of commercial satellite systems in the event of a

cybersecurity incident.

\(C\) Protection against unauthorized access to vital

commercial satellite system functions.

\(D\) Physical protection measures designed to reduce the

vulnerabilities of a commercial satellite system's command,

control, and telemetry receiver systems.

\(E\) Protection against jamming, eavesdropping, hijacking,

computer network exploitation, spoofing, threats to optical

satellite communications, and electromagnetic pulse.

\(F\) Security against threats throughout a commercial

satellite system's mission lifetime.

\(G\) Management of supply chain risks that affect the

cybersecurity of commercial satellite systems.

\(H\) Protection against vulnerabilities posed by ownership

of commercial satellite systems or commercial satellite

system companies by foreign entities.

\(I\) Protection against vulnerabilities posed by locating

physical infrastructure, such as satellite ground control

systems, in foreign countries.

\(J\) As appropriate, and as applicable pursuant to the

maintenance requirement under subsection \(b\)\(3\), relevant

findings and recommendations from the study conducted by

the Comptroller General of the United States under section

2\(a\).

\(K\) Any other recommendations to ensure the

confidentiality, availability, and integrity of data residing

on or in transit through commercial satellite systems only

for the purpose described in subsection \(b\)\(1\).

\(d\) Implementation.—In implementing this section, the

Secretary shall—

\(1\) to the extent practicable, carry out the implementation

in partnership with the private sector;

\(2\) coordinate with—

\(A\) the Secretary of Homeland Security, the Office of the

National Cyber Director, the National Space Council, the

Director of the National Institute of Standards and

Technology, and the head of any other agency with expertise

relating to cybersecurity or satellite communications

determined appropriate by the Secretary; and

\(B\) the heads of appropriate Federal agencies with

expertise and experience in satellite operations, including

the entities described in section 2\(c\), to enable the

alignment of Federal efforts on commercial satellite system

cybersecurity and, to the extent practicable, consistency in

Federal recommendations relating to commercial satellite

system cybersecurity; and

\(3\) consult with non-Federal entities developing commercial

satellite systems or otherwise supporting the cybersecurity

of commercial satellite systems, including private, consensus

organizations that develop relevant standards.

\(e\) Report.—Not later than 1 year after the date of

enactment of this Act, and every 2 years thereafter until the

date that is 9 years after the date of enactment of this Act,

the Secretary shall submit to the appropriate congressional

committees a report summarizing—

\(1\) the general status of any partnership with the private

sector described in subsection \(d\)\(1\);

\(2\) the results of each consultation with a non-Federal

entity described in subsection \(d\)\(3\);

\(3\) the coordination carried out pursuant to subsection

\(d\)\(2\);

\(4\) the establishment and maintenance of the clearinghouse

pursuant to subsection \(b\);

\(5\) the recommendations consolidated pursuant to subsection

\(c\)\(1\); and

\(6\) general feedback received by the Secretary on the

clearinghouse from non-Federal entities, including overall

trends and any proposed changes to the clearinghouse as a

result of the feedback.

SEC. 4. STRATEGY.

Not later than 120 days after the date of the enactment of

this Act, the Secretary, jointly with the National Space

Council and the Office of the National Cyber Director, in

coordination with the Secretary of Homeland Security, the

Director of the Office of Space Commerce, the Director of the

Office of Science and Technology Policy, and the heads of

other relevant agencies, shall submit to the appropriate

congressional committees a strategy to support coordination,

information sharing, and voluntary best practices among

Federal agencies and private sector stakeholders relating to

the cybersecurity of commercial satellite systems, which

shall include an identification of—

\(1\) proposed coordination roles among relevant agencies;

and

\(2\) as applicable, the extent to which cybersecurity

threats to commercial satellite systems are addressed in—

\(A\) critical infrastructure risk analyses and protection

plans; and

\(B\) activities relating to commercial satellite systems.

SEC. 5. RULES OF CONSTRUCTION.

Nothing in this title may be construed to—

\(1\) designate commercial satellite systems or other space

assets as a critical infrastructure sector;

\(2\) infringe upon or alter the authorities of the agencies

described in section 2\(c\);

\(3\) authorize the development or implementation of any

rulemaking or regulatory requirement, including by way of

enforcement action or condition on any license or permit for

a commercial satellite system; or

\(4\) modify or expand existing authorities of the Committee

on Foreign Investment in the United States or the Committee

for the Assessment of Foreign Participation in the United

States Telecommunications Service Sector.

SA 5940. Mr. PETERS \(for himself and Mr. Moran\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. AUTHORITY WITH RESPECT TO UNMANNED AIRCRAFT SYSTEM

IDENTIFICATION AND DETECTION.

\(a\) In General.—Subchapter III of chapter 201 of title 51,

United States Code, is amended by adding at the end the

following:

“Sec. 20150. Detecting, identifying, monitoring, and

tracking unmanned aircraft systems and unmanned aircraft

that threaten certain facilities and assets

“\(a\) Definitions.—In this section:

“\(1\) Appropriate committees of congress.—The term

\`appropriate committees of Congress' means—

“\(A\) the Committee on Commerce, Science, and

Transportation of the Senate; and

“\(B\) the Committee on Transportation and Infrastructure

and the Committee on Science, Space, and Technology of the

House of Representatives.

“\(2\) Covered facility or asset.—The term \`covered

facility or asset' means a facility or asset of the

Administration that—

“\(A\) is a NASA center; or

“\(B\) is located within the property of the National

Aeronautics and Space Administration.

“\(3\) Electronic communication; intercept; oral

communication; wire communication.—The terms \`electronic

communication', \`intercept', \`oral communication', and \`wire

communication' have the meanings given those terms in section

2510 of title 18.

“\(4\) Intelligence community.—The term \`intelligence

community' has the meaning given the term in section 3 of the

National Security Act of 1947 \(50 U.S.C. 3003\).

“\(5\) Personnel.—

“\(A\) In general.—The term \`personnel' means an officer,

employee, or contractor of the Administration authorized to

perform duties that include safety, security, or protection

of people, facilities, or assets.

“\(B\) Use of authority.—To qualify for use of the

authority under subsection \(b\), a contractor conducting

operations under such subsection shall satisfy the following:

“\(i\) Be directly contracted by the Administration.

“\(ii\) Be assigned to law enforcement duties within the

Office of Protective Services of the Administration.

“\(iii\) Operate at a Government-owned or Government-leased

facility.

“\(iv\) Not conduct inherently governmental functions.

“\(v\) Be trained and certified by the Administration to

meet the established guidance and regulations of the

Administration.

“\(vi\) Be subject to the penalties specified in section 799

of title 18.

“\(6\) Unmanned aircraft; unmanned aircraft system.—The

terms \`unmanned aircraft' and \`unmanned aircraft system' have

the meanings given those terms in section 44801 of title 49.

“\(b\) Authority.—Notwithstanding sections 1030 and 1367

and chapters 119 and 206 of title 18, the Administrator may

take, and may authorize personnel with assigned duties that

include the security or protection of people, facilities, or

assets to take, the actions described in subsection \(c\) that

are necessary to detect, identify, monitor, and track an

unmanned aircraft system or unmanned aircraft that poses a

credible threat \(as defined by the Administrator, in

consultation with the Secretary of Transportation\) to the

safety or security of a covered facility or asset.

“\(c\) Actions Described.—The actions described in this

subsection are limited to such actions to detect, identify,

monitor, or track the unmanned aircraft systems or unmanned

aircraft, without prior consent, including by means of

intercept or other access of a wire communication, an oral

communication, or an electronic communication used to control

the unmanned aircraft system or unmanned aircraft.

“\(d\) Required Coordination.—The Administrator shall

develop the actions described in subsection \(c\) in

coordination with the Administrator of the Federal Aviation

Administration.

“\(e\) Training of Personnel.—The Administrator, in

coordination with the Administrator of the Federal Aviation

Administration, shall provide training on the actions

described in subsection \(c\) to personnel authorized to take

such actions.

“\(f\) Aviation Safety.—In carrying out any activity under

this section, the Administrator shall coordinate with the

Administrator of the Federal Aviation Administration in the

case of any action authorized under this section that might

affect aviation safety, civilian aviation and aerospace

operations, aircraft airworthiness, or the use of the

airspace.

“\(g\) Identification and Assessment of Covered Facilities

or Assets.—

“\(1\) Inventory.—The Administrator shall identify each

covered facility or asset.

“\(2\) Risk-based assessment.—The Administrator, in

coordination with the Administrator of the Federal Aviation

Administration, shall conduct a risk-based assessment of each

covered facility or asset identified with respect to the risk

that a credible threat by an unmanned aircraft system or

unmanned aircraft poses to the operation of each such covered

facility or asset, that includes an evaluation of the

following:

“\(A\) Threat information specific to each such covered

facility or asset.

“\(B\) Each of the following factors, with respect to

potential impacts on the safety and efficiency of the

national airspace system and law enforcement and national

security needs while carrying out the actions described in

subsection \(c\):

“\(i\) Potential effects to safety, efficiency, or use of

the national airspace system, including potential effects on

a manned aircraft, an unmanned aircraft system or unmanned

aircraft, aviation safety, airport operations,

infrastructure, or air navigation services related to the use

of any system or technology for carrying out the actions

described in subsection \(c\).

“\(ii\) Options for minimizing any identified effect to the

national airspace system related to the use of any system or

technology, including minimizing any effect to civil aviation

or air traffic control systems, for carrying out the actions

described in subsection \(c\).

“\(iii\) Potential consequences of the impacts of any

actions described in subsection \(c\) to the national airspace

system or infrastructure if not detected, identified,

monitored, or tracked.

“\(iv\) The ability to provide reasonable advance notice to

aircraft operators consistent with the safety of the national

airspace system and the needs of law enforcement and national

security.

“\(v\) The setting and character of the covered facility or

asset at issue, including the following:

“\(I\) 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.

“\(IV\) Any potential for interference with wireless

communications or for injury or damage to persons or

property.

“\(vi\) Potential consequences to national security, public

safety, or law enforcement if a credible threat posed by an

unmanned aircraft system or unmanned aircraft to the covered

facility or asset at issue is not detected, identified,

monitored, or tracked.

“\(C\) Distribution.—Not later than 180 days after the date

of the enactment of this section, and annually thereafter,

the Administrator shall distribute to each relevant

department or agency \(including the Department of

Transportation\) and the appropriate committees of Congress,

through appropriate means, a list of facilities and assets

identified as covered facilities or assets.

“\(h\) Technologies.—Technologies used by the

Administration to take actions described in subsection \(c\)

shall be limited to systems or technologies that are included

on a list of authorized technologies maintained jointly by

the Department of Justice, the Department of Homeland

Security, the Department of Defense, the Department of

Transportation, the Federal Communications Commission, the

National Aeronautics and Space Administration, and the

National Telecommunications and Information Administration.

“\(i\) Guidance and Procedures.—The Administrator and the

Administrator of the Federal Aviation Administration—

“\(1\) shall issue guidance, and may prescribe appropriate

procedures as necessary, for the Administrator to carry out

this section; and

“\(2\) in developing such guidance and procedures, shall

consult the Chairman of the Federal Communications

Commission, the Assistant Secretary of Commerce for

Communications and Information, the Secretary of

Transportation, and the head of any other agency determined

appropriate by the Administrator.

“\(j\) Coordination.—

“\(1\) Coordination with federal aviation administration.—

With respect to the development of guidance under subsection

\(i\), the Administrator—

“\(A\) shall coordinate with the Administrator of the

Federal Aviation Administration; and

“\(B\) may coordinate with the heads of other agencies, as

determined relevant by the Administrator.

“\(2\) Effect on aviation safety.—The Administrator shall

coordinate with the Secretary of Transportation and the

Administrator of the Federal Aviation Administration before

issuing any guidance or otherwise implementing this section,

if such guidance or implementation might affect aviation

safety, civilian aviation and aerospace operations, aircraft

airworthiness, or the use of airspace.

“\(k\) Privacy Protection.—The guidance or procedures

issued to carry out an action described in subsection \(c\) by

the Administrator shall ensure the following:

“\(1\) The interception or acquisition of, access to, or

maintenance 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 provisions of Federal law.

“\(2\) Any communication to or from an unmanned aircraft

system or an unmanned aircraft is intercepted or acquired

only to the extent necessary to support an action described

in subsection \(c\).

“\(3\) Any record of such communication is maintained only

for as long as necessary, and in no event for more than 180

days, unless the Administrator, in consultation with the

Attorney General, determines that maintenance of such records

is necessary to investigate or prosecute a violation of law

or to directly support an ongoing security operation.

“\(4\) Such communications are not disclosed to any person

not employed or contracted by the Administration for the

purposes of carrying out this section unless the disclosure—

“\(A\) is necessary to investigate or prosecute a violation

of law, including by the Department of Defense or a Federal

law enforcement agency;

“\(B\) would support the enforcement activities of a

regulatory agency of the Federal Government in connection

with a criminal or civil investigation of, or any regulatory,

statutory, or other enforcement action relating to, an action

described in subsection \(c\); or

“\(C\) is otherwise required by law.

“\(l\) Semiannual Briefings and Notifications.—

“\(1\) In general.—On a semiannual basis beginning 6 months

after the date of the enactment of this section, the

Administrator shall provide a briefing to the appropriate

committees of Congress on the activities carried out pursuant

to this section.

“\(2\) Content.—Each briefing required under paragraph \(1\)

shall include the following:

“\(A\) Information relating to policies, programs, and

procedures to minimize or eliminate impacts of the actions

carried out pursuant to subsection \(c\) to the national

airspace system.

“\(B\) A description of the following:

“\(i\) Each instance that an action described in subsection

\(c\) was taken, including any such instance 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 Administrator to address privacy, civil rights, and civil

liberties issues implicated by the actions permitted under

subsection \(c\), as well as any changes or subsequent efforts

by the Administrator that would significantly affect privacy,

civil rights, or civil liberties.

“\(iii\) Options considered and steps taken by the

Administrator to minimize any identified impacts to the

national airspace system related to the use of any system or

technology, including minimizing any effects to civil

aviation or air traffic control systems, for carrying out the

actions described in subsection \(c\).

“\(iv\) Such consultation conducted by the Administrator

with other agencies with respect to each action described

under clauses \(ii\) and \(iii\).

“\(v\) Each instance in which a communication intercepted or

acquired as a result of an action described in subsection \(c\)

taken during operations of an unmanned aircraft system or

unmanned aircraft was—

“\(I\) held in the possession of the Administration for more

than 180 days; or

“\(II\) shared with any entity other than the

Administration.

“\(C\) An explanation of how the Administrator—

“\(i\) informed the public with respect 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

such authorities.

“\(D\) An assessment of whether any gaps or insufficiencies

in laws, regulations, or policies impede the ability of the

Administration to detect, identify, monitor, or track the

credible threat posed by malicious, inappropriate, or

unauthorized use of an unmanned aircraft system or unmanned

aircraft to the safety or security of a covered facility or

asset.

“\(E\) Recommendations to remedy any such gaps or

insufficiencies, including recommendations relating to the

potential need for changes in laws, regulations, or policies,

as appropriate.

“\(3\) Unclassified form.—Each briefing required under

paragraph \(1\) shall be unclassified but may be accompanied by

an additional classified briefing.

“\(m\) Scope of Authority.—This section may not be

interpreted to provide the Administrator with any additional

authority other than the authorities described in subsections

\(b\) and \(g\).

“\(n\) Termination.—This section shall cease to have effect

on September 30, 2031.

“\(o\) Rule of Construction.—Nothing in this section may be

construed—

“\(1\) to vest in the Administrator any authority of the

head of any other Federal agency;

“\(2\) to vest in the head of any other Federal agency any

authority of the Administrator; or

“\(3\) to modify the spectrum management authorities of the

Assistant Secretary of Commerce for Communications and

Information under the National Telecommunications and

Information Administration Organization Act \(47 U.S.C. 901 et

seq.\).”.

\(b\) Clerical Amendment.—The table of contents for chapter

201 of title 51, United States Code, is amended by inserting

after the item relating to section 20149 the following new

item:

“20150. Detecting, identifying, monitoring, and tracking unmanned

aircraft systems and unmanned aircraft that threaten

certain facilities and assets.”.

SA 5941. Mr. PETERS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. COMMERCIAL SPACE ACTIVITY ADVISORY COMMITTEE.

\(a\) Establishment.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall establish a

Commercial Space Activity Advisory Committee \(in this section

referred to as the “Committee”\).

\(b\) Membership.—

\(1\) In general.—The Committee shall be composed of 15

members appointed by the Secretary.

\(2\) Qualifications.—

\(A\) In general.—The Committee shall be composed of

representatives from a variety of space policy, engineering,

technical, science, legal, academic, and finance fields who

have significant experience in the commercial space industry,

which may include previous Government experience.

\(B\) Limitation.—

\(i\) In general.—Except as provided in clause \(ii\), the

Secretary may not appoint as a member of the Committee any

employee or official of the Federal Government.

\(ii\) Exception.—The Secretary may appoint as a member of

the Committee a special government employee \(as defined in

section 202\(a\) of title 18, United States Code\) who serves on

1 or more other Federal advisory committees.

\(3\) Term.—Each individual appointed as a member of the

Committee—

\(A\) shall be appointed for a term of not more than 4 years;

and

\(B\) during the 2-year period beginning on the date on which

such term ends, may not serve as a member of the Committee.

\(c\) Duties.—The duties of the Committee shall be—

\(1\) to advise on the status and recent developments of

nongovernmental space activities;

\(2\) to provide to the Secretary and Congress

recommendations on the manner in which the United States may

facilitate and promote a safe, sustainable, robust,

competitive, and innovative commercial sector that is

investing in, developing, and conducting space activities

within the jurisdiction of the Department of Commerce,

including through the development and implementation of any

regulatory framework applicable to the commercial space

industry;

\(3\) to identify, and provide recommendations in response

to, any challenge faced by the United States commercial

sector relating to—

\(A\) the application of international obligations of the

United States relevant to commercial space sector activities

in outer space;

\(B\) export controls that affect the commercial space

sector;

\(C\) harmful interference with commercial space sector

activities in outer space; and

\(D\) access to adequate, predictable, and reliable radio

frequency spectrum;

\(4\) to review existing best practices for United States

entities to avoid—

\(A\) the harmful contamination of the Moon and other

celestial bodies; and

\(B\) adverse changes in the environment of the Earth

resulting from the introduction of extraterrestrial matter;

and

\(5\) to provide information, advice, and recommendations on

matters relating to—

\(A\) United States commercial space sector activities in

outer space; and

\(B\) other commercial space sector activities, as the

Committee considers necessary.

\(d\) Termination.—The Committee shall terminate on the date

that is 10 years after the date on which the Committee is

established.

\(e\) Definitions.—In this Act:

\(1\) Secretary.—The term “Secretary” means the Secretary

of Commerce, acting through the Office of Space Commerce.

\(2\) State.—The term “State” means each of the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, and any other commonwealth,

territory, or possession of the United States.

\(3\) United states entity.—The term “United States

entity” means—

\(A\) an individual who is a national of the United States

\(as defined in section 101\(a\) of the Immigration and

Nationality Act \(8 U.S.C. 1101\(a\)\)\); and

\(B\) a nongovernmental entity organized or existing under,

and subject to, the laws of the United States or a State.

SA 5942. Mr. WARNOCK \(for himself and Mr. Marshall\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. 6\_\_. PILOT PROGRAM TO PROVIDE COUPONS TO JUNIOR ENLISTED

MEMBERS TO PURCHASE FOOD AT COMMISSARIES.

\(a\) Sense of Congress.—It is the sense of Congress that—

\(1\) members of the Armed Forces and their families deserve

access to affordable and healthy food options, including

during their duty day;

\(2\) there has been increased awareness about the challenges

members and their families face in accessing affordable and

healthy food options;

\(3\) those challenges have been especially acute for

unaccompanied junior enlisted members who live in government-

provided quarters on military installations; and

\(4\) the Department of Defense should explore a variety of

proposals for expanding the accessibility of healthy and

affordable food options to members, especially members who

live in unaccompanied housing on military installations.

\(b\) Pilot Program.—

\(1\) In general.—The Secretary of Defense may conduct a

pilot program to assess the efficacy of providing junior

enlisted members of the Armed Forces a monthly coupon for use

in procuring food at commissaries.

\(2\) Selection of installations.—

\(A\) In general.—The Secretary may conduct the pilot

program authorized by paragraph \(1\) at 2 military

installations.

\(B\) Considerations.—In selecting installations for the

pilot program authorized by paragraph \(1\), the Secretary

shall consider installations with—

\(i\) large numbers of enlisted members who live in

unaccompanied housing;

\(ii\) the largest ratios of enlisted members to commissioned

officers;

\(iii\) unaccompanied housing that provides access to

functioning kitchens that residents may use to prepare meals;

\(iv\) commissaries that are experimenting with or expanding

their selection of nutritious and minimally processed ready-

made and easy-to-make food options;

\(v\) low rates of attendance at dining facilities;

\(vi\) low customer satisfaction ratings for dining

facilities, including installations with complaints about

dining facilities submitted through the Interactive Customer

Evaluation system of the Department of Defense; and

\(vii\) commissaries located within easily accessible

distances from unaccompanied housing.

\(3\) Coupons.—

\(A\) Amount.—The Secretary may determine the amount of the

coupons to be provided under the pilot program authorized by

paragraph \(1\).

\(B\) Use.—

\(i\) In general.—A coupon provided under the pilot program

authorized by paragraph \(1\) may be used only to purchase food

at commissaries.

\(ii\) Exclusions.—A coupon provided under the pilot program

authorized by paragraph \(1\) may not be used—

\(I\) to purchase alcoholic beverages or tobacco; or

\(II\) to pay any deposit fee in excess of the amount of the

State fee reimbursement \(if any\) required to purchase any

food or food product contained in a returnable bottle or can,

without regard to whether the fee is included in the shelf

price posted for the food or food product.

\(C\) Supplement to other food assistance.—A coupon provided

to a member under the pilot program authorized by paragraph

\(1\) shall be supplement and not supplant—

\(i\) the basic allowance for subsistence under section 402

of title 37, United States Code; and

\(ii\) any program to provide meals or rations in kind for

which the member is eligible.

\(4\) Duration of pilot program.—The pilot program

authorized by paragraph \(1\) shall terminate not later than

one year after the pilot program commences.

\(5\) Report required.—

\(A\) In general.—Not later than 90 days after the

termination under paragraph \(4\) of the pilot program

authorized by paragraph \(1\), the Secretary of Defense shall

submit to the congressional defense committees a report

detailing the results of the pilot program.

\(B\) Elements.—The report required by subparagraph \(A\)

shall include an assessment of the following:

\(i\) The use of coupons by members who received coupons

under the pilot program.

\(ii\) The satisfaction of and feedback from such members

relating to the coupons.

\(iii\) The impact of providing the coupons on—

\(I\) the rates at which such members used commissaries; and

\(II\) the rates at which such members used dining facilities

on their installations.

\(iv\) Historical rates of use of dining facilities on

installations and historical customer satisfaction metrics

for such facilities, including the number of complaints with

respect to such facilities submitted through the Interactive

Customer Evaluation system of the Department of Defense.

\(v\) The efficacy of the pilot program in—

\(I\) reducing food insecurity rates among junior enlisted

members;

\(II\) increasing the availability of nutritious food options

for such members at commissaries; and

\(III\) increasing the availability of nutritious food

options for such members generally, including such members

living in unaccompanied housing.

\(c\) Definitions.—In this section:

\(1\) Coupon.—The term “coupon” means a voucher or

monetary benefit for a member of the Armed Forces that may be

used only at a commissary for the purchase of food.

\(2\) Food.—The term “food” means any food or food product

intended for home consumption, including a ready-made food

item.

SA 5943. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. . JUSTICE FOR UNITED STATES VICTIMS OF STATE

SPONSORED TERRORISM.

Subsection \(d\)\(4\)\(D\)\(iv\)\(IV\) of the Justice for United

States Victims of State Sponsored Terrorism Act \(34 U.S.C.

20144\(d\)\(4\)\(D\)\(iv\)\(IV\)\) is amended—

\(1\) by redesignating item \(bb\) as item \(dd\);

\(2\) by inserting after item \(aa\) the following:

“\(bb\) Iran hostages.—There are authorized to be

appropriated and there are appropriated to the Fund such sums

as are necessary to make full and complete payments for

amounts outstanding and unpaid on claims under subparagraphs

\(B\) and \(C\) of subsection \(c\)\(2\), which shall be paid by the

Fund on the claims not later than 30 days after the date of

enactment of this item.

“\(cc\) Limitation.—Amounts appropriated pursuant to item

\(bb\) may not be used for a purpose other than to make

payments under this clause.”;

\(3\) in item \(cc\), as so redesignated, by inserting “item

\(bb\) or” before “subclauses”; and

\(4\) in item \(aa\), by striking “disperses” and inserting

“disburses”.

SA 5944. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . ENHANCED PROTECTION AGAINST DEBT COLLECTOR

HARASSMENT OF SERVICEMEMBERS.

\(a\) Communication in Connection With Debt Collection.—

Section 805 of the Fair Debt Collection Practices Act \(15

U.S.C. 1692c\) is amended by adding at the end the following:

“\(e\) Communications Concerning Servicemember Debts.—

“\(1\) Definition.—In this subsection, the term \`covered

individual' means—

“\(A\) a covered member or a dependent, as those terms are

defined in section 987\(i\) of title 10, United States Code;

“\(B\) an individual who was separated, discharged, or

released from duty described in subparagraph \(A\) or \(B\) of

section 987\(i\)\(1\) of title 10, United States Code, but only

during the 365-day period beginning on the date of

separation, discharge, or release;

“\(C\) a dependent described in subparagraph \(A\), \(D\), \(E\),

or \(I\) of section 1072\(2\) of title 10, United States Code, of

an individual described in subparagraph \(B\); or

“\(D\) a member of the Selected Reserve of the Ready Reserve

of the reserve components of the Armed Forces, as defined in

section 10143 of title 10, United States Code.

“\(2\) Prohibitions.—A debt collector may not, in

connection with the collection of any debt of a covered

individual—

“\(A\) threaten to have the covered individual reduced in

rank;

“\(B\) threaten to have the covered individual's security

clearance revoked; or

“\(C\) threaten to have the covered individual prosecuted

under chapter 47 of title 10, United States Code \(commonly

known as the \`Uniform Code of Military Justice'\).

“\(3\) Rule of construction.—Nothing in this subsection may

be construed to restrict the ability of a debt collector to

provide a covered individual with accurate and lawful

information regarding any debt owed by the covered individual

\(including the amount of such a debt, the status of such a

debt, or the consequences of nonpayment with respect to such

a debt\), if providing that information does not violate

paragraph \(2\) or any other provision of this title.”.

\(b\) Unfair Practices.—Section 808 of the Fair Debt

Collection Practices Act \(15 U.S.C. 1692f\) is amended by

adding at the end the following:

“\(9\) The representation to any covered individual \(as

defined in section 805\(e\)\(1\)\) that failure to cooperate with

a debt collector will result in—

“\(A\) a reduction in rank of the covered individual;

“\(B\) a revocation of the covered individual's security

clearance; or

“\(C\) prosecution under chapter 47 of title 10, United

States Code \(commonly known as the \`Uniform Code of Military

Justice'\).”.

\(c\) GAO Study.—

\(1\) Definition.—In this subsection, the term “covered

individual” has the meaning given the term in subsection \(e\)

of section 805 of the Fair Debt Collection Practices Act \(15

U.S.C. 1692c\), as added by this section.

\(2\) Requirement.—The Comptroller General of the United

States shall conduct a study and submit a report to Congress

on the impact of this section, and the amendments made by

this section, on—

\(A\) the timely delivery of information to a covered

individual;

\(B\) military readiness; and

\(C\) national security, including the extent to which

covered individuals with security clearances would be

impacted by uncollected debt.

SA 5945. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe 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—AMERICAN ENERGY AND MINERAL INFRASTRUCTURE

SEC. 4801. SHORT TITLE.

This division may be cited as the “American Energy and

Mineral Infrastructure Act of 2026”.

SEC. 4802. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF

NATURAL GAS PIPELINES.

\(a\) Definitions.—In this section:

\(1\) Commission.—The term “Commission” means the Federal

Energy Regulatory Commission.

\(2\) Environmental review.—The term “environmental

review” means the process of preparing, for a proposed

agency action in accordance with the National Environmental

Policy Act of 1969 \(42 U.S.C. 4321 et seq.\)—

\(A\) an environmental impact statement;

\(B\) an environmental assessment;

\(C\) a categorical exclusion; and

\(D\) a finding of no significant impact.

\(3\) Federal authorization.—The term “Federal

authorization” has the meaning given that term in section

15\(a\) of the Natural Gas Act \(15 U.S.C. 717n\(a\)\).

\(4\) Project-related environmental review.—The term

“project-related environmental review” means any

environmental review required to be conducted with respect to

the issuance of an authorization under section 3 of the

Natural Gas Act \(15 U.S.C. 717b\) or a certificate of public

convenience and necessity under section 7 of that Act \(15

U.S.C. 717f\).

\(b\) Commission Responsibilities.—In acting as the lead

agency under section 15\(b\)\(1\) of the Natural Gas Act \(15

U.S.C. 717n\(b\)\(1\)\) for the purposes of complying with the

National Environmental Policy Act of 1969 \(42 U.S.C. 4321 et

seq.\) with respect to an authorization under section 3 of the

Natural Gas Act \(15 U.S.C. 717b\) or a certificate of public

convenience and necessity under section 7 of that Act \(15

U.S.C. 717f\), the Commission shall, in accordance with this

section and other applicable Federal law—

\(1\) be the only lead agency;

\(2\) coordinate as early as practicable with each agency

designated as a participating agency under subsection \(d\)\(3\)

to ensure that the Commission develops information in

conducting its project-related environmental review that is

usable by the participating agency in considering an aspect

of an application for a Federal authorization for which the

agency is responsible; and

\(3\) take such actions as are necessary and proper to

facilitate the expeditious resolution of its project-related

environmental review.

\(c\) Deference to Commission.—In making a decision with

respect to a Federal authorization required with respect to

an application for an authorization under section 3 of the

Natural Gas Act \(15 U.S.C. 717b\) or a certificate of public

convenience and necessity under section 7 of that Act \(15

U.S.C. 717f\), each agency shall give deference, to the

maximum extent authorized by law, to the scope of the

project-related environmental review that the Commission

determines to be appropriate.

\(d\) Participating Agencies.—

\(1\) Identification.—The Commission shall identify, not

later than 30 days after the Commission receives an

application for an authorization under section 3 of the

Natural Gas Act \(15 U.S.C. 717b\) or a certificate of public

convenience and necessity under section 7 of that Act \(15

U.S.C. 717f\), any Federal or State agency, local government,

or Indian Tribe that may issue a Federal authorization or is

required by Federal law to consult with the Commission in

conjunction with the issuance of a Federal authorization

required for such authorization or certificate.

\(2\) Invitation.—

\(A\) In general.—Not later than 45 days after the

Commission receives an application for an authorization under

section 3 of the Natural Gas Act \(15 U.S.C. 717b\) or a

certificate of public convenience and necessity under section

7 of that Act \(15 U.S.C. 717f\), the Commission shall invite

any agency identified under paragraph \(1\) to participate in

the review process for the applicable Federal authorization.

\(B\) Deadline.—An agency invited under subparagraph \(A\)

shall submit a response to the Commission by not later than

30 days after the date the invitation is received, which may

be extended by the Commission for good cause for a period of

not more than 15 days.

\(C\) Failure to meet deadline.—If an agency invited under

subparagraph \(A\) fails to meet the deadline described in

subparagraph \(B\), the agency shall not be considered a

participating or cooperating agency.

\(3\) Designation as participating agencies.—Not later than

60 days after the Commission receives an application for an

authorization under section 3 of the Natural Gas Act \(15

U.S.C. 717b\) or a certificate of public convenience and

necessity under section 7 of that Act \(15 U.S.C. 717f\), the

Commission shall designate an agency identified under

paragraph \(1\) as a participating agency with respect to that

application unless the agency informs the Commission, in

writing, by the deadline established pursuant to paragraph

\(2\)\(B\), that the agency—

\(A\) has no jurisdiction or authority with respect to the

applicable Federal authorization;

\(B\) has no special expertise or information relevant to any

project-related environmental review; or

\(C\) does not intend to submit comments for the record for

the project-related environmental review conducted by the

Commission.

\(e\) Comment Deadline.—The Commission is not required to

respond to comments regarding a Federal authorization

submitted after the applicable comment period is over.

\(f\) Water Quality Impacts.—

\(1\) In general.—Notwithstanding section 401 of the Federal

Water Pollution Control Act \(33 U.S.C. 1341\), a certification

under such section shall not be required with respect to a

Federal authorization.

\(2\) Coordination.—With respect to any environmental review

for a Federal authorization to conduct an activity that will

directly result in a discharge into the navigable waters

\(within the meaning of the Federal Water Pollution Control

Act \(33 U.S.C. 1251 et seq.\)\), the Commission shall identify

as an agency under subsection \(d\)\(1\) the State in which the

discharge originates or will originate, or, if appropriate,

the interstate water pollution control agency having

jurisdiction over the navigable waters at the point where the

discharge originates or will originate.

\(3\) Proposed conditions.—A State or interstate agency

designated as a participating agency pursuant to paragraph

\(2\) may propose to the Commission terms or conditions for

inclusion in an authorization under section 3 of the Natural

Gas Act \(15 U.S.C. 717b\) or a certificate of public

convenience and necessity under section 7 of that Act \(15

U.S.C. 717f\) that the State or interstate agency determines

are necessary to ensure that any discharge described in

paragraph \(2\) conducted pursuant to such authorization or

certification will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307 of the Federal Water

Pollution Control Act \(33 U.S.C. 1311, 1312, 1313, 1316,

1317\).

\(4\) Commission consideration of conditions.—The Commission

may include a term or condition in an authorization under

section 3 of the Natural Gas Act \(15 U.S.C. 717b\) or a

certificate of public convenience and necessity under section

7 of that Act \(15 U.S.C. 717f\) proposed by a State or

interstate agency under paragraph \(3\) only if the Commission

finds with clear and convincing evidence that the term or

condition is necessary to ensure that any discharge described

in paragraph \(2\) conducted pursuant to such authorization or

certification will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307 of the Federal Water

Pollution Control Act \(33 U.S.C. 1311, 1312, 1313, 1316,

1317\).

\(5\) Commission denial of certificate.—The Commission may

deny an authorization under section 3 of the Natural Gas Act

\(15 U.S.C. 717b\) or a certificate of public convenience and

necessity under section 7 of that Act \(15 U.S.C. 717f\) based

on water quality concerns only if the Commission finds with

clear and convincing evidence that the proposed project

cannot comply with the applicable provisions of sections 301,

302, 303, 306, and 307 of the Federal Water Pollution Control

Act \(33 U.S.C. 1311, 1312, 1313, 1316, 1317\).

\(g\) Schedule.—

\(1\) Deadline for federal authorizations.—A deadline for a

Federal authorization required with respect to an application

for an authorization under section 3 of the Natural Gas Act

\(15 U.S.C. 717b\) or a certificate of public convenience and

necessity under section 7 of that Act \(15 U.S.C. 717f\) set by

the Commission under section 15\(c\)\(1\) of that Act \(15 U.S.C.

717n\(c\)\(1\)\) shall be not later than 90 days after the

Commission completes its project-related environmental

review, unless an applicable schedule is otherwise

established by Federal law.

\(2\) Concurrent reviews.—Each Federal and State agency that

may consider an aspect of an application for a Federal

authorization required with respect to an application for

authorization under section 3 of the Natural Gas Act \(15

U.S.C. 717b\) or a certificate of public convenience and

necessity under section 7 of that Act \(15 U.S.C. 717f\)

shall—

\(A\) carry out the obligations of that agency under

applicable law; and

\(B\) in considering an aspect of an application for a

Federal authorization required with respect to an application

for an authorization under section 3 of the Natural Gas Act

\(15 U.S.C. 717b\) or a certificate of public convenience and

necessity under section 7 of that Act \(15 U.S.C. 717f\),

shall—

\(i\) carry out the obligations of that agency under

applicable law concurrently, and in conjunction with, the

project-related environmental review conducted by the

Commission, pursuant to a schedule established by the

Commission not to exceed 270 days, but subject to the

condition that the Commission may, at the request of the

agency and for good cause, grant a single 60-day extension;

and

\(ii\) not less often than once every 90 days, transmit to

the Commission a report describing the progress made in

considering such application for a Federal authorization.

\(3\) Failure to meet deadline.—If a Federal or State

agency, including the Commission, fails to meet a deadline

for a Federal authorization set forth in the schedule

established by the Commission under section 15\(c\)\(1\) of the

Natural Gas Act \(15 U.S.C. 717n\(c\)\(1\)\), not later than 5 days

after such deadline, the head of the relevant Federal agency

\(including, in the case of a failure by a State agency, the

Federal agency overseeing the delegated authority\) shall

notify Congress and the Commission of such failure and set

forth a recommended implementation plan to ensure completion

of the action to which such deadline applied.

\(h\) Consideration of Applications for Federal

Authorization.—

\(1\) Issue identification and resolution.—

\(A\) Identification.—Federal and State agencies that may

consider an aspect of an application for a Federal

authorization shall identify, as early as possible and not

later than 90 days after receipt of a request for the Federal

authorization, any issues of concern that may delay or

prevent an agency from working with the Commission to resolve

such issues and granting the Federal authorization.

\(B\) Issue resolution.—The Commission may forward any issue

of concern identified under subparagraph \(A\) to the heads of

the relevant agencies \(including, in the case of an issue of

concern that is a failure by a State agency, the Federal

agency overseeing the delegated authority, if applicable\) for

resolution.

\(2\) Remote surveys.—

\(A\) In general.—If a Federal or State agency considering

an aspect of an application for a Federal authorization

requires the person applying for the Federal authorization to

submit data, the agency shall—

\(i\) consider any such data gathered by aerial or other

remote means that the person submits; and

\(ii\) accept aerial surveys in absence of clear and

convincing evidence.

\(B\) Conditional approval.—The agency may grant a

conditional approval for a Federal authorization based on

data gathered by aerial or remote means, conditioned on the

verification of such data by subsequent onsite inspection if

the Commission determines that an onsite inspection is likely

to materially alter the final determination of the Commission

or the grant of the certificate.

\(3\) Application processing.—The Commission, and Federal

and State agencies, may allow a person applying for a Federal

authorization to fund a third-party contractor to assist in

reviewing the application for the Federal authorization.

\(i\) Accountability, Transparency, Efficiency.—

\(1\) In general.—For an application for an authorization

under section 3 of the Natural Gas Act \(15 U.S.C. 717b\) or a

certificate of public convenience and necessity under section

7 of that Act \(15 U.S.C. 717f\) that requires multiple Federal

authorizations, the Commission, with input from any Federal

or State agency considering an aspect of the application,

shall track and make available to the public on the website

of the Commission information related to the actions required

to complete the Federal authorizations.

\(2\) Inclusions.—The information described in paragraph \(1\)

shall include the following:

\(A\) The schedule established by the Commission under

section 15\(c\)\(1\) of the Natural Gas Act \(15 U.S.C.

717n\(c\)\(1\)\).

\(B\) A list of all the actions required by each applicable

agency to complete permitting, reviews, and other actions

necessary to obtain a final decision on the application.

\(C\) The expected completion date for each action described

in subparagraph \(B\).

\(D\) A point of contact at the agency responsible for each

such action.

\(E\) In the event that an action is still pending as of the

expected date of completion, a brief explanation of the

reasons for the delay.

\(j\) Strengthening Judicial Review of Natural Gas Act

Projects.—Section 19 of the Natural Gas Act \(15 U.S.C. 717r\)

is amended—

\(1\) in subsection \(b\), in the eighth sentence, by striking

“certification” and all that follows through the period at

the end and inserting “certification as provided in section

1254 of title 28, United States Code.”; and

\(2\) in subsection \(d\)—

\(A\) in paragraph \(3\), in the first sentence, by striking

“If the Court finds” and inserting the following: “Except

as provided in paragraph \(6\), if the Court finds”; and

\(B\) by adding at the end the following:

“\(6\) Exception for certain orders or actions.—

“\(A\) In general.—Notwithstanding any other provision of

this section, for petitions challenging an order or action

taken by the Commission under section 3 or section 7, the

court may not set aside, vacate, or otherwise void that order

or action.

“\(B\) Court action.—Notwithstanding chapter 7 of title 5,

United States Code, the Court shall remand the proceeding,

without

vacatur or injunction, to the applicable Federal or State

agency to take appropriate action if the Court finds that an

order or action described in paragraph \(1\)—

“\(i\) would prevent the construction, expansion, or

operation of the facility subject to section 3 or 7; and

“\(ii\)\(I\) is inconsistent with applicable Federal law; or

“\(II\) is not supported by clear and convincing

evidence.”.

SEC. 4803. IMPROVING WATER QUALITY CERTIFICATIONS.

Section 401 of the Federal Water Pollution Control Act \(33

U.S.C. 1341\) is amended—

\(1\) in subsection \(a\)—

\(A\) by striking “\(a\)\(1\) Any applicant” and all that

follows through “No license” in the sixth sentence of

paragraph \(1\) and inserting the following:

“\(a\) Compliance With Applicable Requirements.—

“\(1\) Certification required.—

“\(A\) In general.—Any applicant for a Federal license or

permit to conduct any activity, including the construction or

operation of facilities, which may result in a discharge

directly into the navigable waters shall provide the

licensing or permitting agency a certification from the State

in which the discharge originates or will originate or, if

appropriate, from the interstate water pollution control

agency having jurisdiction over the navigable waters at the

point where the discharge originates or will originate, that

any such discharge will comply with the applicable provisions

of sections 301, 302, 303, 306, and 307.

“\(B\) Certification of no applicable limitation.—In the

case of any discharge described in subparagraph \(A\) for which

there is not an applicable effluent limitation or other

limitation under sections 301\(b\) and 302, and there is not an

applicable standard under sections 306 and 307, the State,

interstate water pollution control agency, or Administrator,

as applicable, shall so certify, except that any such

certification shall not be deemed to satisfy section 511\(c\).

“\(C\) Certification by the administrator.—In any case in

which a State or interstate water pollution control agency

has no authority to give a certification under subparagraph

\(A\)—

“\(i\) the certification shall be from the Administrator;

and

“\(ii\) subsection \(d\) shall apply to the request for

certification.

“\(D\) Procedures required.—

“\(i\) In general.—The Administrator and each State and

interstate water pollution control agency that has authority

to give a certification under this subsection shall establish

procedures for public notice in the case of all requests for

certification under this subsection by the State, interstate

water pollution control agency, or Administrator, as

applicable, and, to the extent that the State, interstate

water pollution control agency, or Administrator determines

it appropriate, procedures for public hearings in connection

with specific requests.

“\(ii\) Decision criteria.—A decision to grant or deny a

request for certification under this subsection shall be

based solely on whether the discharge complies with the

applicable provisions of sections 301, 302, 303, 306, and

307, and the grounds for that decision shall be set forth in

writing and provided to the applicant.

“\(iii\) Deadline for requesting additional information.—

Not later than 90 days after the date on which a State, an

interstate water pollution control agency, or the

Administrator, as applicable, receives a request for

certification under this subsection, the State, interstate

water pollution control agency, or Administrator shall

identify in writing any specific additional materials or

information necessary for the request for certification to be

considered complete pursuant to subsection \(d\).

“\(iv\) Publication requirement.—Not later than 30 days

after the date of enactment of this clause, the Administrator

and each State and interstate water pollution control agency

that has authority to give a certification under this

subsection shall publish the requirements for a certification

under this subsection for an applicant to use to demonstrate

to the Administrator, State, or interstate water pollution

control agency, as applicable, compliance with the applicable

provisions of sections 301, 302, 303, 306, and 307.

“\(E\) Decisionmaking.—

“\(i\) Definition of receipt.—In this subparagraph, the

term \`receipt', with respect to a request for certification

under this subsection, means the date on which the State,

interstate water pollution control agency, or Administrator,

as applicable, initially receives the request for

certification, regardless of whether the request for

certification is determined to be complete or additional

information is requested pursuant to subparagraph \(D\)\(iii\).

“\(ii\) Actions on a request.—The State, interstate water

pollution control agency, or Administrator, as applicable,

may—

“\(I\) grant a request for certification under this

subsection with or without conditions;

“\(II\) deny the request; or

“\(III\) waive the requirement for certification under this

subsection with respect to the application for the Federal

license or permit.

“\(iii\) Failure to act.—

“\(I\) In general.—If a State, an interstate water

pollution control agency, or the Administrator, as

applicable, fails to act on a request for certification in

accordance with clause \(ii\) within a reasonable period of

time to be determined by the Federal licensing or permitting

agency \(which shall not exceed 1 year after receipt of the

request\), the requirement for certification under this

subsection shall be deemed to be waived with respect to the

application for the Federal license or permit.

“\(II\) No judicial review.—Notwithstanding any other

provision of law, a finding of a waiver by the Federal

licensing or permitting agency under subclause \(I\) shall not

be subject to judicial review.

“\(iv\) No tolling.—The 1-year period described in clause

\(iii\) may not be tolled, paused, or extended for any reason,

including through requests for additional information,

solicitation of public comment, or environmental reviews.

“\(F\) No action.—No license”; and

\(B\) in paragraph \(4\), in the first sentence, by striking

“any discharge into the navigable waters” and inserting “a

discharge directly into the navigable waters”;

\(2\) in subsection \(b\), by striking “\(b\) Nothing” and

inserting the following:

“\(b\) Compliance With Other Provisions of Law Setting

Applicable Water Quality Requirements.—Except as provided in

subsection \(e\), nothing”;

\(3\) in subsection \(c\), by striking “\(c\) In order” and

inserting the following:

“\(c\) Authority of Secretary of the Army to Permit Spoil

Disposal Areas by Federal Licensees or Permittees.—In

order”; and

\(4\) by striking subsection \(d\) and inserting the following:

“\(d\) Certification Request Requirements.—

“\(1\) Written request required.—A request for

certification under subsection \(a\) shall be made in writing

to the State, interstate water pollution control agency, or

Administrator, as applicable.

“\(2\) Requirements for complete request.—A completed

request for certification under subsection \(a\) shall consist

of—

“\(A\) an identification of each applicant for the Federal

license or permit with respect to which certification is

requested;

“\(B\) a statement that information included in the request

for certification is truthful, accurate, and complete, to the

best knowledge of each applicant;

“\(C\) in the case of a request for certification with

respect to an individual permit or license—

“\(i\) an identification of the Federal license or permit

that is the subject of the application with respect to which

the certification is requested;

“\(ii\) an identification, based on the reasonable belief of

the applicant at the time the application is submitted, of

any activity the conduct of which is subject to the Federal

license or permit identified under clause \(i\);

“\(iii\) an identification of—

“\(I\) the location, point of origin, and characteristics of

any discharge that may directly enter the navigable waters;

and

“\(II\) the location of the specific navigable waters that

would receive such a discharge;

“\(iv\) a description of the means that may be used to

monitor, control, or manage a discharge identified under

clause \(iii\); and

“\(v\) a list of all other Federal, interstate, Tribal,

State, or local agency authorizations required for the

conduct of an activity identified under clause \(ii\),

including a description of any authorizations described in

that list that are already received; and

“\(D\) in the case of a request for certification with

respect to the issuance of a general license or a general

permit—

“\(i\) an identification of the proposed categories of

activities to be covered by the general license or general

permit;

“\(ii\) a description of the proposed general license or

general permit, which may include a draft of the proposed

general license or general permit; and

“\(iii\) an estimate of the number of discharges expected to

result from the proposed general license or general permit

annually.

“\(3\) Prohibition.—No State or interstate water pollution

control agency, nor the Administrator, may, for purposes of a

request for certification under subsection \(a\), require the

inclusion of information beyond the information described in

paragraph \(2\).

“\(e\) Certification Conditions.—

“\(1\) In general.—A certification obtained under

subsection \(a\) shall set forth any effluent limitations and

other limitations and monitoring requirements necessary to

ensure that any discharge subject to a certification under

that subsection will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307, and any such limitation

or requirement shall be imposed by the Federal licensing or

permitting agency as a condition on the applicable Federal

license or permit subject to the provisions of this section.

“\(2\) Requirements for conditions.—A certifying State or

interstate water pollution control agency, or the

Administrator, as applicable, may only include a condition on

a certification under subsection \(a\) that requires the

applicant to modify an activity of the applicant which may

result in a discharge directly into the navigable waters if

the State, interstate water pollution control agency, or

Administrator determines, based on clear and convincing

evidence, that the modification is—

“\(A\) necessary for the activity to avoid violating an

applicable provision of section 301, 302, 303, 306, or 307;

“\(B\) least burdensome for the applicant, as compared to

other possible modifications, taking into account—

“\(i\) technical feasibility;

“\(ii\) cost;

“\(iii\) the purpose of the applicant in proposing the

activity;

“\(iv\) impacts on the schedule for the activity; and

“\(v\) the commercial viability of the proposed condition;

and

“\(C\) consistent with the requirements for the Federal

license or permit for which the certification is sought.

“\(3\) Limitations on conditions for hydroelectric

projects.—A certification obtained under subsection \(a\) for

a hydroelectric project may not include conditions relating

to the quantity, timing, or rate of water flow over, through,

or around that project.

“\(f\) Requirements for Denial.—A certifying State or

interstate water pollution control agency, or the

Administrator, as applicable, may only deny a request for

certification under subsection \(a\) if the State, interstate

water pollution control agency, or Administrator determines,

based on clear and convincing evidence, that there is no

modification to or reasonable condition on the activities of

the applicant that could make it possible for the activity to

avoid violating an applicable provision of section 301, 302,

303, 306, or 307.

“\(g\) Enforcement.—Notwithstanding section 505, any

condition imposed on a Federal license or permit by a Federal

licensing or permitting agency under this section may only be

enforced by that Federal licensing or permitting agency.

“\(h\) Judicial Review.—

“\(1\) Scope.—This subsection applies to any civil action

for the review of a certification under subsection \(a\).

“\(2\) Jurisdiction.—

“\(A\) In general.—Notwithstanding section 19\(d\)\(1\) of the

Natural Gas Act \(15 U.S.C. 717r\(d\)\(1\)\) or any other provision

of law, a civil action subject to this subsection shall be

filed in a court of appeals of the United States for—

“\(i\) the judicial circuit in which the applicant is

located or has its principal place of business;

“\(ii\) the judicial circuit for the State in which the

project for which the certification under subsection \(a\)

would be issued is or will be located; or

“\(iii\) the District of Columbia Circuit.

“\(B\) Original and exclusive jurisdiction.—A court of

appeals described in subparagraph \(A\) shall have original and

exclusive jurisdiction over the applicable civil action.

“\(C\) Standing.—Notwithstanding any other provision of

law, no court shall have jurisdiction to review a civil

action subject to this subsection unless the civil action is

filed—

“\(i\) not later than 60 days after the date on which final

action on the certification under subsection \(a\) is taken;

and

“\(ii\) by—

“\(I\) the applicant; or

“\(II\) a person who has suffered, or likely and imminently

will suffer, direct and irreparable economic harm from the

certification, subject to the condition that an organization

or association shall satisfy the requirement of this clause

only if each member of the organization or association

satisfies the requirement.

“\(3\) Expedited consideration.—

“\(A\) In general.—In reviewing a civil action subject to

this subsection, a court shall—

“\(i\) set any petition for review under that civil action

for expedited consideration; and

“\(ii\) subject to subparagraph \(B\), issue a final decision

not later than 120 days after the date on which the civil

action is filed.

“\(B\) Extraordinary circumstances.—If a court finds that

there are extraordinary circumstances that apply to a civil

action subject to this subsection, the court may extend the

120-day period described in subparagraph \(A\)\(ii\) by an

additional 60 days.

“\(4\) Standard of review.—In reviewing the denial of a

certification under subsection \(a\), a court shall find the

denial unlawful unless the court finds, based on clear and

convincing evidence, that—

“\(A\) the certifying State or interstate water pollution

control agency or the Administrator, as applicable, has

demonstrated that no condition would achieve compliance with

the applicable provisions of section 301, 302, 303, 306, or

307; and

“\(B\) the certifying State or interstate water pollution

control agency or the Administrator, as applicable,

considered specific alternative conditions, including

alternatives offered by the applicant, and determined that

those alternative conditions would not achieve compliance

with applicable provisions of section 301, 302, 303, 306, or

307.

“\(5\) Nonapplicant challenges.—If a party other than the

applicant brings a civil action subject to this subsection

against a certification obtained under subsection \(a\), the

nonapplicant party shall demonstrate, with clear and

convincing evidence, that the project or activity for which

the certification was granted fails to achieve compliance

with applicable provisions of section 301, 302, 303, 306, or

307.

“\(6\) Remedy.—

“\(A\) No vacatur.—Notwithstanding any other provision of

law, no court shall have the authority to set aside, vacate,

nullify, or otherwise render unenforceable any certification

under subsection \(a\).

“\(B\) Limited remedies.—In a review of a certification

under subsection \(a\), a court may only affirm or modify the

certification, and may remand the certification to the State,

interstate water pollution control agency, or the

Administrator, as applicable, for corrective action.

“\(i\) Description of Applicable Provisions.—For purposes

of this section, the applicable provisions of sections 301,

302, 303, 306, and 307 are any applicable effluent

limitations and other limitations under section 301 or 302,

any water quality standard in effect for a State under

section 303, any standard of performance under section 306,

and any prohibition, effluent standard, or pretreatment

standard under section 307.”.

SEC. 4804. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

\(a\) Improving Water Quality General Permits.—Section

402\(a\) of the Federal Water Pollution Control Act \(33 U.S.C.

1342\(a\)\) is amended by adding at the end the following:

“\(6\) General permits.—

“\(A\) Permits authorized.—The Administrator may issue

general permits under this section on a State, regional, or

nationwide basis, or for a delineated area, for discharges

associated with any category of activities the discharges of

which are of similar types and from similar sources.

“\(B\) Permit expiration notification.—If the Administrator

does not intend to issue a general permit under this

paragraph that covers discharges that are substantially

similar to discharges covered by a previously issued general

permit, not later than the date that is 2 years before the

date on which the previously issued general permit will

expire, the Administrator shall publish in the Federal

Register a notice of the decision not to reissue the general

permit.

“\(C\) Application of permit terms of an expired permit.—

“\(i\) In general.—If a general permit issued under this

paragraph expires and the Administrator has not published a

notice under subparagraph \(B\), the Administrator shall, until

the date described in clause \(ii\)—

“\(I\) continue to apply the terms, conditions, and

requirements of the expired general permit to any discharge

that was covered by the expired general permit; and

“\(II\) apply those terms, conditions, and requirements to

any discharge that would have been covered by the expired

general permit \(in accordance with any relevant requirements

for that coverage\) if the discharge had occurred before that

expiration.

“\(ii\) Date described.—The date referred to in clause \(i\)

is the date that is the earlier of—

“\(I\) the date on which the Administrator issues a new

general permit for discharges substantially similar to those

covered by the expired general permit; and

“\(II\) the date that is 2 years after the date on which the

Administrator publishes in the Federal Register a notice

described in subparagraph \(B\).”.

\(b\) NPDES Permit Terms.—Section 402\(b\)\(1\)\(B\) of the

Federal Water Pollution Control Act \(33 U.S.C. 1342\(b\)\(1\)\(B\)\)

is amended by striking “five years” and inserting “10

years”.

SEC. 4805. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL

MATERIAL.

\(a\) Reducing Permitting Uncertainty.—

\(1\) In general.—Section 404\(c\) of the Federal Water

Pollution Control Act \(33 U.S.C. 1344\(c\)\) is amended—

\(A\) in the third sentence—

\(i\) by striking “his findings and his reasons” and

inserting “the findings and reasons of the Administrator”;

and

\(ii\) by striking “The Administrator” and inserting the

following:

“\(4\) Written determination.—The Administrator”;

\(B\) in the second sentence, by striking “Before making

such determination,” and inserting the following:

“\(3\) Consultation.—Before making a determination under

paragraph \(1\),”;

\(C\) by striking “\(c\) The Administrator” and inserting the

following:

“\(c\) Specification or Use of Defined Area.—

“\(1\) In general.—The Administrator”;

\(D\) in paragraph \(1\) \(as so designated\)—

\(i\) by striking “he is authorized”; and

\(ii\) by striking “he determines, after notice and

opportunity for public hearings,” and inserting “the

Administrator determines, during the period described in

paragraph \(2\) and after notice and opportunity for public

hearings,”; and

\(E\) by inserting after paragraph \(1\) \(as so designated\) the

following:

“\(2\) Period of prohibition.—The period during which the

Administrator may prohibit the specification \(including the

withdrawal of specification\) of a defined area as a disposal

site, or deny or restrict the use of a defined area for

specification \(including the withdrawal of specification\) as

a disposal site, under paragraph \(1\) is the period that—

“\(A\) begins on the date on which an applicant submits all

the information required to complete an application for a

permit under this section; and

“\(B\) ends on the date on which the Secretary issues the

permit.”.

\(2\) Applicability.—The amendments made by paragraph \(1\)

shall apply to a permit application submitted under section

404 of the Federal Water Pollution Control Act \(33 U.S.C.

1344\) after the date of enactment of this Act.

\(b\) Nationwide Permitting Improvement.—

\(1\) In general.—Section 404\(e\) of the Federal Water

Pollution Control Act \(33 U.S.C. 1344\(e\)\) is amended—

\(A\) by striking “\(e\)\(1\) In carrying out his functions”

and inserting the following:

“\(e\) General Permits.—

“\(1\) Permits authorized.—In carrying out the functions of

the Secretary”;

\(B\) in paragraph \(2\)—

\(i\) by striking “\(2\) No general” and inserting the

following:

“\(2\) Term.—No general”; and

\(ii\) by striking “five years” and inserting “10 years”;

and

\(C\) by adding at the end the following:

“\(3\) Considerations.—In determining the environmental

effects of an activity under paragraph \(1\) or \(2\), the

Secretary—

“\(A\) shall consider only the effects of any discharge of

dredged or fill material resulting from the activity;

“\(B\) shall consider any effects of a discharge of dredged

or fill material into less than 3 acres of navigable waters

to be a minimal adverse environmental effect; and

“\(C\) may consider any effects of a discharge of dredged or

fill material into 3 acres or more of navigable waters to be

a minimal adverse environmental effect.

“\(4\) Nationwide permits for linear projects.—

“\(A\) Definitions.—In this paragraph:

“\(i\) Linear infrastructure project.—The term \`linear

infrastructure project' means a project to carry out any

activity required for—

“\(I\) the construction, expansion, maintenance,

modification, or removal of infrastructure and associated

facilities for the transmission from a point of origin to a

terminal point of communications or electricity; or

“\(II\) the transportation from a point of origin to a

terminal point of people, water, or wastewater.

“\(ii\) Linear pipeline project.—The term \`linear pipeline

project' means a project to carry out any activity required

for the construction, expansion, maintenance, modification,

or removal of infrastructure and associated facilities for

the transportation from a point of origin to a terminal point

of carbon dioxide, fuel, or hydrocarbons, in the form of a

liquid, liquescent, gaseous, or slurry substance or

supercritical fluid, including oil and gas pipeline

facilities.

“\(iii\) Single and complete project.—The term \`single and

complete project' has the meaning given the term in section

330.2 of title 33, Code of Federal Regulations \(as in effect

on the date of enactment of this paragraph\).

“\(B\) Rule.—Notwithstanding any other provision of this

section, the Secretary shall issue and maintain general

permits on a nationwide basis under this subsection for—

“\(i\) linear infrastructure projects that result in a

discharge of dredged or fill material into less than 3 acres

of navigable waters for each single and complete project; and

“\(ii\) linear pipeline projects that do not result in the

loss of navigable waters in an area that is greater than 0.5

acres for each single and complete project.

“\(C\) Pipeline threshold floor.—Nothing in subparagraph

\(B\)\(ii\) limits the authority of the Secretary to authorize

pipeline-related discharges of dredged or fill material into

areas of navigable waters that are greater than 0.5 acres but

below the 3-acre threshold described in subparagraph \(B\)\(i\).

“\(5\) Reissuance of nationwide permits.—In determining

whether to reissue a general permit issued under this

subsection on a nationwide basis—

“\(A\) no consultation with an applicable State pursuant to

section 6\(a\) of the Endangered Species Act of 1973 \(16 U.S.C.

1535\(a\)\) is required;

“\(B\) no consultation with a Federal agency pursuant to

section 7\(a\)\(2\) of that Act \(16 U.S.C. 1536\(a\)\(2\)\) is

required; and

“\(C\) the requirements of section 102\(2\)\(C\) of the National

Environmental Policy Act of 1969 \(42 U.S.C. 4332\(2\)\(C\)\) shall

be satisfied by preparing an environmental assessment \(as

defined in section 111 of that Act \(42 U.S.C. 4336e\)\) with

respect to the general permit.”.

\(2\) Regulatory revisions required.—The Secretary of the

Army, acting through the Chief of Engineers, shall

expeditiously revise the regulations applicable to carrying

out section 404\(e\) of the Federal Water Pollution Control Act

\(33 U.S.C. 1344\(e\)\) in order to streamline the processes for

issuing general permits under that section to promote

efficient and consistent implementation of that section.

\(3\) Administration of nationwide permit program.—In

carrying out section 404\(e\) of the Federal Water Pollution

Control Act \(33 U.S.C. 1344\(e\)\), including in revising

regulations pursuant to paragraph \(2\), the Secretary of the

Army, acting through the Chief of Engineers, may not finalize

or implement any modification to—

\(A\) general condition 15 \(relating to single and complete

projects\), as included in the final rule of the Corps of

Engineers entitled “Reissuance and Modification of

Nationwide Permits” \(86 Fed. Reg. 2744 \(January 13, 2021\)\);

\(B\) the definition of the term “single and complete linear

project”, as included in the final rule described in

subparagraph \(A\); or

\(C\) the definition of the term “single and complete

project” under section 330.2 of title 33, Code of Federal

Regulations \(as in effect on the date of enactment of this

Act\).

\(c\) Judicial Review.—Section 404 of the Federal Water

Pollution Control Act \(33 U.S.C. 1344\) is amended—

\(1\) in subsection \(t\), by striking “\(t\) Nothing in the

section” and inserting the following:

“\(u\) Savings Provision.—Nothing in this section”; and

\(2\) by inserting after subsection \(s\) the following:

“\(t\) Judicial Review.—

“\(1\) Statute of limitations.—Notwithstanding any

applicable provision of law—

“\(A\) an action seeking judicial review of the approval by

the Administrator of a State permit program pursuant to this

section shall be filed not later than 60 days after the date

on which the approval was issued;

“\(B\) an action seeking judicial review of an individual

permit or general permit issued under this section shall be

filed not later than 60 days after the date on which the

permit was issued; and

“\(C\) an action seeking judicial review of a verification

that an activity involving the discharge of dredged or fill

material is authorized by a general permit issued under this

section shall be filed not later than 60 days after the date

on which the verification was issued.

“\(2\) Limitation on commencement of certain actions.—

Notwithstanding any other provision of law, no action

described in subparagraph \(A\) or \(B\) of paragraph \(1\) may be

commenced unless the action—

“\(A\) is filed by a party that submitted a comment—

“\(i\) during the public comment period for the

administrative proceedings related to the action; and

“\(ii\) which was sufficiently detailed to put the

Administrator, the Secretary, or the State, as applicable, on

notice of the issue on which the party seeks judicial review;

and

“\(B\) is related to that comment.

“\(3\) Jurisdiction.—

“\(A\) In general.—Unless otherwise provided by law, a

civil action subject to this subsection shall be filed in a

court of appeals of the United States for—

“\(i\) the judicial circuit in which, as applicable—

“\(I\) the applicant for the applicable permit is located or

has its principal place of business; or

“\(II\) the person seeking the applicable verification is

located or has its principal place of business;

“\(ii\) the judicial circuit for the State, as applicable—

“\(I\) for which the approval for a State permit program

pursuant to this section was sought; or

“\(II\) in which—

“\(aa\) the activity for which the permit was sought would

be carried out; or

“\(bb\) the activity for which the verification was sought

would be carried out; or

“\(iii\) the District of Columbia Circuit.

“\(B\) Original and exclusive jurisdiction.—A court of

appeals described in subparagraph \(A\) shall have original and

exclusive jurisdiction over the applicable civil action.

“\(C\) Standing.—Notwithstanding any other provision of

law, no court shall have jurisdiction to review a civil

action subject to this subsection unless the civil action is

filed—

“\(i\) not later than 60 days after the date on which the

challenged action was finalized; and

“\(ii\) by—

“\(I\) the applicant; or

“\(II\) a person who has suffered, or likely and imminently

will suffer, direct and irreparable economic harm from the

approval, permit, or verification, subject to the condition

that an organization or association shall satisfy the

requirement of this clause only if each member of the

organization or association satisfies the requirement.

“\(4\) Standard of review.—In reviewing the denial of a

permit under this section, a court shall find the denial

unlawful unless the court finds, based on clear and

convincing evidence, that—

“\(A\) the Secretary has demonstrated that no condition on

the permit would achieve compliance with the applicable

provisions of section 301, 302, 303, 306, or 307; and

“\(B\) the Secretary considered specific alternative

conditions, including alternatives offered by the applicant,

and determined that those alternative conditions would not

achieve compliance with this section.

“\(5\) Nonapplicant challenges.—If a party other than the

applicant brings a civil action subject to this subsection

seeking review of a permit under this section, the

nonapplicant party shall demonstrate, with clear and

convincing evidence, that, as applicable, the approval of the

State permit program, the project for which the permit was

granted, or the project for which verification was provided

fails to achieve compliance with this section.

“\(6\) Remedies.—

“\(A\) Actions relating to permit programs.—If a court

determines that the Administrator, in issuing the approval of

a State permit program under this section, did not comply

with this section—

“\(i\) the court shall remand the matter to the

Administrator for further proceedings consistent with the

determination of the court; and

“\(ii\) the court may not vacate, revoke, enjoin, or

otherwise limit the authority of the State to issue permits

under that State permit program.

“\(B\) Actions relating to permits.—If a court determines

that the Secretary or a State, as applicable, did not comply

with the requirements of this section in issuing an

individual or general permit under this section, or in

verifying that an activity involving a discharge of dredged

or fill material is authorized by a general permit issued

under this section, as applicable—

“\(i\) the court shall remand the matter to the Secretary or

the State, as applicable, for further proceedings consistent

with the determination of the court;

“\(ii\) with respect to a determination regarding the

issuance of an individual or general permit under this

section—

“\(I\) the court may not vacate, revoke, enjoin, or

otherwise limit the permit unless the court finds that

activities authorized under the permit would present an

imminent and substantial danger to human health or the

environment for which there is no other equitable remedy

available under the law; and

“\(II\) any injunction or other limitation ordered pursuant

to subclause \(I\)—

“\(aa\) shall be narrowly tailored to the specific crossing,

discharge, segment, or activity found to present an imminent

and substantial danger; and

“\(bb\) may not extend to unrelated crossings, spreads, or

project segments that are independently authorized and not

the source of the alleged harm; and

“\(iii\) with respect to a determination regarding a

verification that an activity involving a discharge of

dredged or fill material is authorized by a general permit

issued under this section, the court may not enjoin or

otherwise limit the discharge unless the court finds that

activities authorized under the permit would present an

imminent and substantial danger to human health or the

environment for which there is no other equitable remedy

available under the law.

“\(7\) Timeline to act on court order.—If a court remands a

matter under paragraph \(6\), the court shall set and enforce a

reasonable schedule and deadline, which may not exceed 180

days from the date on which the court remands the matter

except as otherwise required by law, for the Administrator,

the Secretary, or a State, as applicable, to take such

actions as the court may order.”.

SEC. 4806. HARDROCK MINING MILL SITES.

\(a\) Multiple Mill Sites.—Section 2337 of the Revised

Statutes \(30 U.S.C. 42\) is amended by adding at the end the

following:

“\(c\) Additional Mill Sites.—

“\(1\) Definitions.—In this subsection:

“\(A\) Mill site.—The term \`mill site' means a location of

public land that is reasonably necessary for waste rock or

tailings disposal or other operations reasonably incident to

mineral development on, or production from land included in a

plan of operations.

“\(B\) Operations; operator.—The terms \`operations' and

\`operator' have the meanings given those terms in section

3809.5 of title 43, Code of Federal Regulations \(as in effect

on the date of enactment of this subsection\).

“\(C\) Plan of operations.—The term \`plan of operations'

means a plan of operations that an operator must submit and

the Secretary of the Interior or the Secretary of

Agriculture, as applicable, must approve before an operator

may begin operations, in accordance with, as applicable—

“\(i\) subpart 3809 of title 43, Code of Federal Regulations

\(or successor regulations establishing application and

approval requirements\); and

“\(ii\) part 228 of title 36, Code of Federal Regulations

\(or successor regulations establishing application and

approval requirements\).

“\(D\) Public land.—The term \`public land' means land owned

by the United States that is open to location under sections

2319 through 2344 of the Revised Statutes \(30 U.S.C. 22 et

seq.\), including—

“\(i\) land that is mineral-in-character \(as defined in

section 3830.5 of title 43, Code of Federal Regulations \(as

in effect on the date of enactment of this subsection\)\);

“\(ii\) nonmineral land \(as defined in section 3830.5 of

title 43, Code of Federal Regulations \(as in effect on the

date of enactment of this subsection\)\); and

“\(iii\) land where the mineral character has not been

determined.

“\(2\) In general.—Notwithstanding subsections \(a\) and \(b\),

where public land is needed by the proprietor of a lode or

placer claim for operations in connection with any lode or

placer claim within the proposed plan of operations, the

proprietor may—

“\(A\) locate and include within the plan of operations as

many mill site claims under this subsection as are reasonably

necessary for its operations; and

“\(B\) use or occupy public land in accordance with an

approved plan of operations.

“\(3\) Mill sites convey no mineral rights.—A mill site

under this subsection does not convey mineral rights to the

locator.

“\(4\) Size of mill sites.—A location of a single mill site

under this subsection shall not exceed 5 acres.

“\(5\) Mill site and lode or placer claims on same tracts of

public land.—A mill site may be located under this

subsection on a tract of public land on which the claimant or

operator maintains a previously located lode or placer claim.

“\(6\) Effect on mining claims.—The location of a mill site

under this subsection shall not affect the validity of any

lode or placer claim, or any rights associated with such a

claim.

“\(7\) Patenting.—A mill site under this section shall not

be eligible for patenting.

“\(8\) Savings provisions.—Nothing in this subsection—

“\(A\) diminishes any right \(including a right of entry,

use, or occupancy\) of a claimant;

“\(B\) creates or increases any right \(including a right of

exploration, entry, use, or occupancy\) of a claimant on land

that is not open to location under the general mining laws;

“\(C\) modifies any provision of law or any prior

administrative action withdrawing land from location or

entry;

“\(D\) limits the right of the Federal Government to

regulate mining and mining-related activities \(including

requiring claim validity examinations to establish the

discovery of a valuable mineral deposit\) in areas withdrawn

from mining, including under—

“\(i\) the general mining laws;

“\(ii\) the Federal Land Policy and Management Act of 1976

\(43 U.S.C. 1701 et seq.\);

“\(iii\) the Wilderness Act \(16 U.S.C. 1131 et seq.\);

“\(iv\) sections 100731 through 100737 of title 54, United

States Code;

“\(v\) the Endangered Species Act of 1973 \(16 U.S.C. 1531 et

seq.\);

“\(vi\) division A of subtitle III of title 54, United

States Code \(commonly referred to as the \`National Historic

Preservation Act'\); or

“\(vii\) section 4 of the Act of July 23, 1955 \(commonly

known as the \`Surface Resources Act of 1955'\) \(69 Stat. 368,

chapter 375; 30 U.S.C. 612\);

“\(E\) restores any right \(including a right of entry, use,

or occupancy, or right to conduct operations\) of a claimant

that—

“\(i\) existed prior to the date on which the land was

closed to, or withdrawn from, location under the general

mining laws; and

“\(ii\) that has been extinguished by such closure or

withdrawal; or

“\(F\) modifies section 404 of division E of the

Consolidated Appropriations Act, 2024 \(Public Law 118-42\).”.

\(b\) Abandoned Hardrock Mine Fund.—

\(1\) Establishment.—There is established in the Treasury of

the United States a separate account, to be known as the

“Abandoned Hardrock Mine Fund” \(referred to in this

subsection as the “Fund”\).

\(2\) Source of deposits.—Any amounts collected by the

Secretary of the Interior pursuant to the claim maintenance

fee under section 10101\(a\)\(1\) of the Omnibus Budget

Reconciliation Act of 1993 \(30 U.S.C. 28f\(a\)\(1\)\) on mill

sites located under subsection \(c\) of section 2337 of the

Revised Statutes \(30 U.S.C. 42\) shall be deposited into the

Fund.

\(3\) Use.—The Secretary of the Interior may make

expenditures from amounts available in the Fund, without

further appropriations, only to carry out section 40704 of

the Infrastructure Investment and Jobs Act \(30 U.S.C. 1245\).

\(4\) Allocation of funds.—Amounts made available under

paragraph \(3\)—

\(A\) shall be allocated in accordance with section

40704\(e\)\(1\) of the Infrastructure Investment and Jobs Act \(30

U.S.C. 1245\(e\)\(1\)\); and

\(B\) may be transferred in accordance with section

40704\(e\)\(2\) of that Act \(30 U.S.C. 1245\(e\)\(2\)\).

\(c\) Clerical Amendments.—Section 10101 of the Omnibus

Budget Reconciliation Act of 1993 \(30 U.S.C. 28f\) is

amended—

\(1\) by striking “the Mining Law of 1872 \(30 U.S.C. 28-

28e\)” each place it appears and inserting “sections 2319

through 2344 of the Revised Statutes \(30 U.S.C. 22 et

seq.\)”;

\(2\) in subsection \(a\)—

\(A\) in paragraph \(1\)—

\(i\) in the second sentence, by striking “Such claim

maintenance fee” and inserting the following:

“\(B\) Fee.—The claim maintenance fee under subparagraph

\(A\)”; and

\(ii\) in the first sentence, by striking “The holder of”

and inserting the following:

“\(A\) In general.—The holder of”; and

\(B\) in paragraph \(2\)—

\(i\) in the second sentence—

\(I\) by striking “the Mining Law of 1872 \(30 U.S.C. 28 to

28e\)” and inserting “sections 2319 through 2344 of the

Revised Statutes \(30 U.S.C. 22 et seq.\)”; and

\(II\) by striking “Such claim maintenance fee” and

inserting the following:

“\(B\) Fee.—The claim maintenance fee under subparagraph

\(A\)”; and

\(ii\) in the first sentence, by striking “The holder of”

and inserting the following:

“\(A\) In general.—The holder of”; and

\(3\) in subsection \(b\)—

\(A\) in the second sentence, by striking “The location

fee” and inserting the following:

“\(2\) Fee.—The location fee”; and

\(B\) in the first sentence, by striking “The claim main

tenance fee” and inserting the following:

“\(1\) In general.—The claim maintenance fee”.

SEC. 4807. AMENDMENTS TO NEPA.

\(a\) Purposes.—Section 2 of the National Environmental

Policy Act of 1969 \(42 U.S.C. 4321\) is amended—

\(1\) by striking the section designation and heading and all

that follows through “are: To” and inserting the following:

“SEC. 2. PURPOSES.

“\(a\) Purposes.—The purposes of this Act are to”; and

\(2\) by adding at the end the following:

“\(b\) Intent.—This Act—

“\(1\) is a procedural statute intended to ensure Federal

agencies consider the environmental impacts of their actions

during the decisionmaking process;

“\(2\) does not mandate particular results; and

“\(3\) only prescribes a purely procedural process.

“\(c\) Effect.—Nothing in this Act—

“\(1\) mandates any specific environmental outcome or

result; or

“\(2\) confers substantive rights or imposes substantive

duties beyond procedural requirements.”.

\(b\) Procedure for Determination of Level of Review.—

Section 106 of the National Environmental Policy Act of 1969

\(42 U.S.C. 4336\) is amended—

\(1\) in the section heading, by inserting “; scope of

review” after “level of review”;

\(2\) in subsection \(a\)—

\(A\) in paragraph \(2\), by striking “109 of this Act,” and

inserting “109, a categorical exclusion established by

Congress,”;

\(B\) in paragraph \(3\), by striking “or”;

\(C\) in paragraph \(4\), by striking the period at the end and

inserting a semicolon; and

\(D\) by adding at the end the following:

“\(5\) the proposed agency action is an action for which

such agency's compliance with another statute's requirements

serve a similar function as the requirements of this Act with

respect to such action; or

“\(6\) the proposed agency action—

“\(A\) relates to a project or action that has already been

reviewed pursuant to a State or Tribal environmental review

statute, ordinance, resolution, regulation, or formally

adopted policy; and

“\(B\) the lead agency determines such review meets the

requirements of this Act.”;

\(3\) in subsection \(b\)—

\(A\) in paragraph \(2\), in the first sentence—

\(i\) by striking “does not” and inserting “is not likely

to”; and

\(ii\) by striking “109 of this Act,” and inserting “109,

a categorical exclusion established by Congress,”; and

\(B\) in paragraph \(3\), by striking subparagraph \(B\) and

inserting the following:

“\(B\) is not required to undertake new scientific or

technical research—

“\(i\) unless the new scientific or technical research is

essential to a reasoned choice among alternatives, and the

overall costs and time frame of obtaining it are not

unreasonable; or

“\(ii\) after the receipt of an application, as applicable,

with respect to such proposed agency action.”; and

\(4\) by adding at the end the following:

“\(c\) Scope of Review.—In preparing an environmental

document for a proposed agency action, a Federal agency—

“\(1\) may only consider effects that share a reasonably

close causal relationship to, and are proximately caused by,

the immediate project or action under consideration; and

“\(2\) may not consider effects that are speculative,

attenuated from the project or action, separate in time or

place from the project or action, or in relation to separate

existing or potential future projects or actions.

“\(d\) Presumption of Negative Impacts of Taking No Action

Relating to Tribal Trust Resources.—For any proposed agency

action carried out on, or directly affecting, Tribal trust

resources \(including land and minerals\) that is initiated by

the federally recognized Indian Tribe for which the United

States holds the affected resources in trust, and for which

an environmental document was prepared that included

consideration of a no action alternative, there shall be a

presumption that the effects of taking no action will be

negative for the federally recognized Indian Tribe.

“\(e\) Effect of Threshold Determinations on Other

Agencies.—If a lead agency determines that an environmental

document is not required to be prepared with respect to a

proposed agency action under subsection \(a\), no other Federal

agency may prepare an environmental document with respect to

the proposed agency action.”.

\(c\) Timely and Unified Federal Reviews.—

\(1\) Lead agency.—Section 107\(a\) of the National

Environmental Policy Act of 1969 \(42 U.S.C. 4336a\(a\)\) is

amended—

\(A\) in paragraph \(2\)—

\(i\) in subparagraph \(B\), by striking “at the earliest

practicable time” and inserting “in accordance with

subsection \(g\)\(2\)”;

\(ii\) in subparagraph \(D\), by striking “carry out the

proposed agency action” and inserting “carry out the

proposed agency action in accordance with the deadlines

described in subsection \(g\)”; and

\(iii\) in subparagraph \(E\)—

\(I\) by striking “a review” and inserting “an

environmental review”; and

\(II\) by striking “such review” and inserting “such

environmental review”; and

\(B\) in paragraph \(3\)—

\(i\) in the first sentence, by inserting “\(including

counties, boroughs, parishes, and other political

subdivisions of a State\)” after “local agency”; and

\(ii\) by adding at the end the following: “Such comments

from Federal cooperating agencies shall be limited to matters

relating to the proposed agency action with respect to which

the Federal cooperating agency has jurisdiction by law.”.

\(2\) One document.—Section 107\(b\) of the National

Environmental Policy Act of 1969 \(42 U.S.C. 4336a\(b\)\) is

amended—

\(A\) by striking “To the extent practicable,” and

inserting the following:

“\(1\) Document.—To the extent practicable,”; and

\(B\) by adding at the end the following:

“\(2\) Consideration timing.—

“\(A\) In general.—In preparing an environmental document

for a proposed agency action, no Federal agency shall be

required to consider any scientific or technical research

that becomes publicly available after the earlier of, as

applicable—

“\(i\) the date of receipt of an application with respect to

such proposed agency action; and

“\(ii\) the date of publication of a notice of intent or

decision to prepare such environmental document for such

proposed agency action.

“\(B\) Applicability to other law.—Nothing in this

paragraph affects any review of information required under

subchapter II of chapter 5 of title 5, United States Code,

with respect to comments received during the public comment

period as applicable.

“\(C\) Delay.—A Federal agency may not delay the issuance

of an environmental document or a final agency action,

including any decision or determination, on the basis of

awaiting new scientific or technical research or information

that was not available as of the earlier of the dates

described in subparagraph \(A\).”.

\(3\) Statement of purpose and need.—Section 107\(d\) of the

National Environmental Policy Act of 1969 \(42 U.S.C.

4336a\(d\)\) is amended by striking the period at the end and

inserting “, which shall, where applicable, meet the goals

of the applicant.”.

\(4\) Deadlines.—Section 107\(g\) of the National

Environmental Policy Act of 1969 \(42 U.S.C. 4336a\(g\)\) is

amended—

\(A\) by redesignating paragraphs \(1\), \(2\), and \(3\) as

paragraphs \(3\), \(5\), and \(6\), respectively;

\(B\) by inserting before paragraph \(3\) \(as so redesignated\)

the following:

“\(1\) Applications for authorizations.—

“\(A\) Notification of complete or incomplete application.—

Unless a shorter deadline is specified by law, in connection

with a proposed agency action for which an applicant

submitted an application for an authorization to an agency,

not later than 60 days after the date on which the applicant

submits the application to the agency, the agency shall

document receipt of the application and—

“\(i\) notify the applicant that the application is

complete; or

“\(ii\) notify the applicant that the application is

incomplete and request, in writing, any additional

information that the agency needs—

“\(I\) to determine that the application is complete; and

“\(II\) to begin preparation of an environmental document.

“\(B\) Agency determination.—

“\(i\) Complete determination.—If an agency determines that

an application is complete under subparagraph \(A\)\(i\), the

agency shall, not later than 60 days after the date on which

the agency makes such determination—

“\(I\) notify the applicant that the agency has determined

that—

“\(aa\) the proposed agency action is excluded pursuant to 1

of the agency's categorical exclusions;

“\(bb\) the proposed agency action is not a major Federal

action; or

“\(cc\) no further agency action is required;

“\(II\) issue a notice of intent to prepare an environmental

impact statement for the proposed agency action; or

“\(III\) notify the applicant that the agency has determined

that preparation of an environmental assessment is necessary.

“\(ii\) Incomplete determination.—If an agency requests

additional information under subparagraph \(A\)\(ii\), the

deadline described in clause \(i\) shall be based on the date

on which the agency receives the additional information

instead of the date on which the determination is made.

“\(2\) Cooperating agencies.—

“\(A\) In general.—Not later than 21 days after the date on

which a lead agency issues a notice of intent under paragraph

\(1\)\(B\)\(i\)\(II\) or notifies an applicant under paragraph

\(1\)\(B\)\(i\)\(III\) with respect to a proposed agency action, the

lead agency shall—

“\(i\) identify all agencies that are likely to have

environmental review, authorization, or other

responsibilities with respect to the proposed agency action;

and

“\(ii\) invite each agency to become a cooperating agency.

“\(B\) Deadline to accept invitation.—Not later than 21

days after the date on which an agency receives an invitation

to become a cooperating agency under subparagraph \(A\)\(ii\),

the agency shall accept or deny the invitation.

“\(C\) Convening of cooperating agencies.—Not later than 7

days after the deadline described in subparagraph \(B\) has

passed for each agency that received an invitation to become

a cooperating agency under subparagraph \(A\)\(ii\), the lead

agency that sent each invitation shall convene each agency

that accepts such an invitation to coordinate on developing

the schedule under subsection \(a\)\(2\)\(D\) for the applicable

proposed agency action.

“\(D\) Unidentified agencies.—If an agency that has

jurisdiction by law or special expertise with respect to any

environmental impact involved in a proposed agency action is

not identified under subparagraph \(A\)\(i\), the lead agency

with respect to the proposed agency action shall—

“\(i\) invite such unidentified agency to become a

cooperating agency by not later than 7 days after the date on

which the lead agency becomes aware that the agency has

jurisdiction by law or special expertise; and

“\(ii\) if such agency accepts the invitation, incorporate

such agency into the schedule developed under subsection

\(a\)\(2\)\(D\) and update such schedule accordingly by not later

than 14 days after the date on which the agency accepts the

invitation.”;

\(C\) in paragraph \(3\) \(as so redesignated\)—

\(i\) in the paragraph heading, by striking “In general”

and inserting “Review timeline”; and

\(ii\) in the matter preceding subparagraph \(A\), by striking

“paragraph \(2\)” and inserting “paragraph \(5\)”;

\(D\) by inserting after paragraph \(3\) \(as so redesignated\)

the following:

“\(4\) Deadline for final agency action.—

“\(A\) In general.—For any proposed agency action for which

an applicant submitted an application for an authorization to

an agency, not later than 30 days after completing an

environmental impact statement or an environmental assessment

for the proposed agency action, the lead agency, and any

cooperating agency, shall issue a final agency action.

“\(B\) Performance schedule.—The agency issuing the final

agency action under subparagraph \(A\) shall include, in the

final agency action, a performance schedule for the

completion of any other outstanding authorizations.”;

\(E\) in paragraph \(5\) \(as so redesignated\)—

\(i\) by striking “the deadline described in paragraph \(1\)”

and inserting “a deadline described in this subsection”;

and

\(ii\) by striking “, in consultation with the applicant,

to” and inserting “if the applicant approves such

extension. If the applicant approves such extension, the lead

agency shall”;

\(F\) in paragraph \(6\) \(as so redesignated\)—

\(i\) in subparagraph \(A\), by striking “A project sponsor

may” and inserting “Except as provided in subparagraph \(C\),

a project sponsor may”; and

\(ii\) by adding at the end the following:

“\(C\) Exception.—A project sponsor that approved an

extension of a deadline under paragraph \(5\) may not obtain

judicial review of a failure to act in accordance with such

deadline under subparagraph \(A\) unless the lead agency fails

to meet the new deadline or is delaying for reasons other

than those necessary to complete its review.”; and

\(G\) by adding at the end the following:

“\(7\) Concurrent review.—In carrying out an environmental

review, the lead agency and each cooperating agency shall

carry out the obligations of that agency under other

applicable laws concurrently, and in conjunction, with other

required reviews for the proposed agency action, pursuant to

the requirements of applicable law, including, if applicable,

this Act.”.

\(d\) Programmatic Environmental Documents.—Section 108 of

the National Environmental Policy Act of 1969 \(42 U.S.C.

4336b\) is amended—

\(1\) in the matter preceding paragraph \(1\), by striking

“When an agency prepares” and inserting the following:

“\(a\) Programmatic Environmental Documents.—When an agency

prepares”;'

\(2\) in subsection \(a\) \(as so designated\)—

\(A\) in paragraph \(1\), by striking “5” and inserting

“10”; and

\(B\) in paragraph \(2\), by striking “5” and inserting

“10”; and

\(3\) by adding at the end the following:

“\(b\) Reliance on Previously Completed Environmental

Reviews.—

“\(1\) Actions that are substantially the same.—A lead

agency may satisfy the requirements of this Act with respect

to a major Federal action by relying on an environmental

assessment, environmental impact statement, or a categorical

exclusion determination that the lead agency, another Federal

agency, or a project sponsor under the supervision of a

Federal agency completed for another major Federal action if

the lead agency determines that—

“\(A\) the new major Federal action is substantially the

same as the other major Federal action or, if applicable, an

alternative analyzed in such environmental assessment or

environmental impact statement; and

“\(B\) if applicable, the effects of the new major Federal

action are substantially the same as the effects analyzed in

such environmental assessment or environmental impact

statement.

“\(2\) Actions that are not substantially the same.—

“\(A\) In general.—If a new major Federal action is not

substantially the same as another major Federal action or an

alternative analyzed in an environmental assessment or

environmental impact statement completed by the lead agency,

another Federal agency, or a project sponsor under the

supervision of a Federal agency, the lead agency may modify

or augment any such previously completed environmental

assessment or environmental impact statement as necessary to

satisfy the requirements of this Act with respect to the new

major Federal action.

“\(B\) Public availability.—The lead agency shall make any

environmental assessment or environmental impact statement

modified under subparagraph \(A\) publicly available as a new

environmental assessment or environmental impact

statement.”.

\(e\) Adoption of Categorical Exclusions.—Section 109 of the

National Environmental Policy Act of 1969 \(42 U.S.C. 4336c\)

is amended—

\(1\) in the matter preceding paragraph \(1\), in the first

sentence, by inserting “, or that was legislatively enacted

by Congress,” after “procedures”;

\(2\) in paragraph \(1\), by inserting “, or that was

established by Congress,” after “procedures”; and

\(3\) in paragraph \(2\), by inserting “if applicable,”

before “consult”.

\(f\) Definitions.—Section 111 of the National Environmental

Policy Act of 1969 \(42 U.S.C. 4336e\) is amended—

\(1\) in paragraph \(1\), by inserting “, or Congress deems by

statute,” after “Federal agency has determined”;

\(2\) by redesignating paragraphs \(1\), \(2\), \(3\), \(4\), \(5\),

\(6\), \(7\), \(8\), \(11\), \(12\), and \(13\) as paragraphs \(2\), \(3\),

\(4\), \(5\), \(6\), \(7\), \(8\), \(11\), \(12\), \(13\), and \(15\),

respectively, and moving all paragraphs of the section so as

to appear in numerical order;

\(3\) by inserting before paragraph \(2\) \(as so redesignated\)

the following:

“\(1\) Authorization.—The term \`authorization' means any

lease, right-of-way, easement, license, permit, approval,

finding, determination, or other administrative decision

issued by an agency, or any interagency consultation, that is

required or authorized under Federal law in order to

construct, modify, or operate a project.”;

\(4\) in paragraph \(10\)—

\(A\) in subparagraph \(B\)—

\(i\) in clause \(iii\)—

\(I\) by inserting “grants \(including capitalization

grants\), cost share awards,” after “loan guarantees,”;

\(II\) by striking “sufficient” and inserting “complete”;

and

\(III\) by striking “subsequent use of such financial

assistance or the”;

\(ii\) in clause \(iv\), by striking “section 7\(a\) or \(b\) and

of the Small Business Act \( U.S.C. 636\(a\)\), or” and

inserting “subsection \(a\) or \(b\) of section 7 of the Small

Business Act \(15 U.S.C. 636\) or”;

\(iii\) by redesignating clauses \(iv\) through \(vii\) as

clauses \(vi\) through \(ix\), respectively;

\(iv\) by inserting after clause \(iii\) the following:

“\(iv\) farm ownership and operating loan guarantees by the

Farm Service Agency pursuant to section 305 and subtitle B of

the Consolidated Farm and Rural Development Act \(7 U.S.C.

1925, 1941 et seq.\);

“\(v\) the issuance of a permit or other authorization by a

Federal agency where the proposal under consideration is

otherwise being evaluated or was previously evaluated by the

lead agency in compliance with this Act;”; and

\(v\) in clause \(viii\) \(as so redesignated\), by striking

“entirely”; and

\(B\) by adding at the end the following:

“\(C\) Additional exclusions.—An agency action may not be

determined to be a major Federal action solely on the basis

of the provision of Federal funds, including a grant, loan,

loan guarantee, and funding assistance.”; and

\(5\) by inserting after paragraph \(13\) \(as so redesignated\)

the following:

“\(14\) Reasonably foreseeable.—

“\(A\) In general.—The term \`reasonably foreseeable', with

respect to environmental effects of a proposed agency action,

means effects that share a reasonably close causal

relationship to, and are proximately caused by, the immediate

project or action under consideration.

“\(B\) Exclusions.—The term \`reasonably foreseeable', with

respect to environmental effects of a proposed agency action,

does not include effects that are—

“\(i\) speculative;

“\(ii\) attenuated from the proposed agency action;

“\(iii\) separate in time or place from the proposed agency

action; or

“\(iv\) in relation to separate existing or potential future

projects.”.

\(g\) Duties of the Council.—Section 204\(4\) of the National

Environmental Policy Act of 1969 \(42 U.S.C. 4344\(4\)\) is

amended by inserting “energy,” after “health,”.

\(h\) Judicial Review.—Title I of the National Environmental

Policy Act of 1969 is amended—

\(1\) by redesignating section 112 \(42 U.S.C. 4336f\) as

section 110A, and moving the section so as to appear after

section 110; and

\(2\) by inserting before section 111 the following:

“SEC. 110B. JUDICIAL REVIEW.

“\(a\) Role of the Court.—In reviewing a claim or petition

for review of whether a final agency action complies with the

requirements of this Act, a court—

“\(1\) shall afford substantial deference to the agency; and

“\(2\) may not substitute its judgment for that of the

agency with respect to the environmental effects included in

the final agency action or the environmental document.

“\(b\) Remand.—

“\(1\) In general.—If a court holds, under section

706\(2\)\(A\) of title 5, United States Code, that a final agency

action does not comply with the requirements of this Act, the

only remedy the court may order, notwithstanding chapter 7 of

that title, is to remand, without vacatur or injunction, the

final agency action to the agency with—

“\(A\) specific instruction to correct the errors or

deficiencies found by the court; and

“\(B\) a reasonable schedule and deadline to correct such

errors or deficiencies, which such deadline may not exceed—

“\(i\) with respect to an order entered on or after the date

of enactment of this section,

the date that is 180 days after the date on which the order

was entered; and

“\(ii\) with respect to an order entered before the date of

enactment of this section, the date that is 180 days after

that date of enactment.

“\(2\) Continued effect of final agency action.—A final

agency action remanded under paragraph \(1\) shall remain in

effect while the Federal agency corrects any errors or

deficiencies found by the court.

“\(3\) Prohibition.—No court may issue a temporary

restraining order or preliminary injunction during

consideration of a claim or petition for review described in

subsection \(a\).

“\(c\) Limitations on Claims and Petitions for Review.—

“\(1\) In general.—Notwithstanding any other provision of

law \(except as provided in subparagraph \(A\) with respect to a

shorter deadline\), a claim or petition for review described

in subsection \(a\) shall be barred unless—

“\(A\) the claim or petition for review is filed not later

than 150 days after the date on which the final agency action

is made public, unless a shorter deadline is specified under

Federal law;

“\(B\) in the case of a final agency action or petition for

review for which there was a public comment period on an

environmental document, the claim or petition for review—

“\(i\) is filed by a party that submitted a substantive and

unique comment during the public comment period by the

noticed comment deadline for the environmental document and

the comment was sufficiently detailed to put the applicable

Federal agency on notice of the issue on which the party

seeks review; and

“\(ii\) concerns the same subject matter raised in the

comment submitted during the public comment period;

“\(C\) the claim or petition for review is filed by a party

that has suffered or imminently will suffer direct harm from

the final agency action; and

“\(D\) the claim or petition for review does not challenge

the establishment of a categorical exclusion.

“\(2\) Supplemental environmental documents.—

“\(A\) In general.—If an agency issues a supplemental

environmental document in response to a court order remanding

a final agency action, the deadline described in paragraph

\(1\)\(A\) shall be the date on which the agency makes public the

agency action for which the supplemental environmental

document is prepared.

“\(B\) Limitation.—A claim for review of a final agency

action described in subparagraph \(A\) shall be limited to

information contained in the final supplemental environmental

document that was not contained in a previous environmental

document for the final agency action.

“\(3\) Actions for use of tribal trust resources.—

“\(A\) In general.—For any final agency action that

authorizes or affects the use of land, minerals, or other

resources already held in trust at the time of the final

agency action by the United States for the benefit of a

federally recognized Indian Tribe, except as provided in

subparagraph \(B\), there shall be no administrative or

judicial review of the final agency action or petition for

review based on a claim of failure to comply with the

requirements of this Act.

“\(B\) Limitation.—Subparagraph \(A\) shall not apply to

actions for administrative or judicial review—

“\(i\) brought by a federally recognized Indian Tribe for

which the United States holds the land, minerals, or other

resources in trust; or

“\(ii\) that involve reasonably foreseeable effects of the

final agency action that occur outside the land, minerals, or

other resources held in trust by the United States for the

benefit of a federally recognized Indian Tribe.

“\(d\) Deadline for Resolution.—

“\(1\) In general.—A court shall issue a final judgment on

a claim or petition for review described in subsection \(a\)—

“\(A\) as expeditiously as practicable; and

“\(B\) unless a shorter deadline is specified under Federal

law, not later than the date that is 180 days after the date

on which the agency record for the review is filed with the

reviewing court, which shall not be more than 60 days after

the filing of the claim or petition for review.

“\(2\) Accelerated deadlines.—Nothing in this subsection

prevents a court from further expediting review of a claim or

petition for review described in subsection \(a\).

“\(3\) Appeals.—

“\(A\) Filing.—

“\(i\) In general.—A notice of appeal of a final judgment

described in this subsection shall be filed not later than 60

days after the final judgment is issued.

“\(ii\) Remanded actions.—In the case of a final agency

action remanded under subsection \(b\), the agency and, if

applicable, the applicant, shall have the right to appeal

during the pendency of the remand.

“\(B\) Deadline for review.—A court shall issue a final

decision on an appeal filed under subparagraph \(A\)—

“\(i\) as expeditiously as practicable; and

“\(ii\) not later than the date that is 180 days after the

date on which the appeal is filed.

“\(e\) No Effect on Review of Compliance With Other

Deadlines.—Nothing in this section affects the right to

obtain review under section 107\(g\)\(6\).”.

SA 5946. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . INFORMATIONAL MATERIALS UNDER THE FOREIGN AGENTS

REGISTRATION ACT.

\(a\) Definition of Informational Material.—Section 1 of the

Foreign Agents Registration Act of 1938, as amended \(22

U.S.C. 611\) is amended by inserting after subsection \(p\) the

following:

“\(q\) Informational Material.—The term \`informational

material' means any material that a person disseminating the

material believes or has reason to believe will, or that the

person intends to in any way, influence any agency or

official of the Government of the United States or any

section of the public within the United States with reference

to—

“\(1\) formulating, adopting, or changing the domestic or

foreign policies of the United States; or

“\(2\) the political or public interests, policies, or

relations of a government of a foreign country or a foreign

political party.”.

\(b\) Filing and Labeling of Informational Materials and

Requests for Information or Advice.—Section 4 of the Foreign

Agents Registration Act of 1938, as amended \(22 U.S.C. 614\)

is amended—

\(1\) in the section heading, by striking “political

propaganda” and inserting “informational materials”;

\(2\) in subsection \(b\), by inserting “that states the name

of the foreign country in which the foreign principal is

located,” after “on behalf of the foreign principal,”; and

\(3\) by striking subsection \(e\) and inserting the following:

“\(e\) Information Furnished to Agencies or Officials of the

United States Government.—It shall be unlawful for any

person within the United States who is an agent of a foreign

principal required to register under the provisions of this

Act to transmit, convey, or otherwise furnish to any agency

or official of the Government \(including a Member or

committee of either House of Congress\) for or in the

interests of such foreign principal any informational

material or to request from any such agency or official for

or in the interests of such foreign principal any information

or advice with respect to any matter pertaining to the

political or public interests, policies, or relations of a

foreign country or of a political party or pertaining to the

foreign or domestic policies of the United States unless the

informational material or the request is prefaced or

accompanied by a true and accurate statement to the effect

that such person is registered as an agent of such foreign

principal under this Act.”.

\(c\) Reports to the Congress.—Section 11 of the Foreign

Agents Registration Act of 1938, as amended \(22 U.S.C. 621\)

is amended by striking “political propaganda” and inserting

“informational material”.

SA 5947. Mr. BENNET submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . DOMESTIC PROCUREMENT REQUIREMENT FOR CRITICAL

QUANTUM HARDWARE.

\(a\) Requirement.—Except as provided in subsection \(b\),

beginning on the date that is one year after the date of the

enactment of this Act, the Secretary of Defense may not

procure any critical quantum hardware unless such hardware is

domestically manufactured by an entity 50 percent or more of

the ownership interest in which is held by United States

persons.

\(b\) Waiver.—

\(1\) Authority.—During the two-year period beginning on the

date that is one year after the date of the enactment of this

Act, the Secretary of Defense may waive the requirement under

subsection \(a\) if the Secretary determines that—

\(A\) the critical quantum hardware is not domestically

manufactured in sufficient quantity or of satisfactory

quality;

\(B\) the procurement of domestically manufactured critical

quantum hardware would result in a cost increase of more than

25 percent; or

\(C\) the waiver is necessary to respond to an urgent

national security requirement.

\(2\) Sunset.—The authority to grant a waiver under

paragraph \(1\) shall terminate on the date that is three years

after the date of the enactment of this Act.

\(c\) Notification and Justification.—Not later than 15 days

before granting a waiver

under subsection \(b\), the Secretary of Defense shall submit

to the congressional defense committees a written

notification that includes the following:

\(1\) An identification of the critical quantum hardware to

be procured.

\(2\) A detailed justification for the waiver, including the

specific basis under subsection \(b\)\(1\) upon which the waiver

is being granted.

\(3\) An assessment of domestic manufacturing capacity for

the hardware.

\(4\) A description of any efforts underway to develop or

expand domestic sources for the hardware.

\(d\) Definitions.—In this section:

\(1\) Critical quantum hardware.—The term “critical quantum

hardware” means any of the following items designed for use

in quantum computing, quantum sensing, or quantum networking

systems:

\(A\) Cryogenic cooling systems, including dilution

refrigerators and pulse tube cryocoolers and cryostats.

\(B\) Laser systems.

\(C\) Cryogenic wiring assemblies.

\(D\) Radio frequency and microwave components, including

passive components \(attenuators and connectors\) and active

components \(traveling-wave parametric amplifiers, Josephson

parametric amplifiers, high-electron-mobility transistors,

and circulators\).

\(2\) Domestically manufactured.—The term “domestically

manufactured” means, with respect to critical quantum

hardware, that—

\(A\) the hardware was assembled in the United States; and

\(B\) not less than 55 percent of the components of the

hardware \(as determined based on the cost of such components\)

were—

\(i\) produced or manufactured in the United States; or

\(ii\) mined in the United States \(as defined in section

638\(1\) of the Internal Revenue Code of 1986\).

\(3\) United states person.—The term “United States

person” means—

\(A\) a United States citizen or an alien lawfully admitted

for permanent residence to the United States; or

\(B\) an entity organized under the laws of the United States

or any jurisdiction within the United States.

SA 5948. Mr. BENNET submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1050. REPORT ON CRITICAL MINERALS FOR USE BY DEPARTMENT

OF DEFENSE.

Not later than October 1, 2026, the Secretary of Defense

shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a report that

includes—

\(1\) for each mineral on the most recent list of critical

minerals required by section 7002\(c\) of the Energy Act of

2020 \(30 U.S.C. 1606\(c\)\)—

\(A\) an assessment of whether the mineral is an input

required for production of a material integral to the defense

industrial base;

\(B\) a description of the geographical dispersion of

deposits of the mineral, refining and processing facilities

for the mineral, and recycling facilities for the mineral;

and

\(C\) an assessment of the potential for byproduct recovery

of the mineral at existing mines by foreign countries, with

particular attention to portions of the supply chain that are

concentrated in countries of concern such as the People's

Republic of China;

\(2\) a description of strategic investments, loans and loan

guarantees, procurement policy reforms, grants, and other

methods available to the Secretary to accelerate materials

science, extraction and processing technologies, recycling,

and tailing and byproduct recovery of critical minerals in

the United States, and development of a mining workforce in

the United States, to reduce the dependence of the Department

of Defense on the People's Republic of China or other

countries of concern;

\(3\) an assessment of opportunities for strategic

international partnerships to increase the security of supply

chains for critical minerals; and

\(4\) an assessment of opportunities for the Secretary to

maximize recycling of decommissioned military waste to obtain

critical materials.

SA 5949. Mr. BENNET submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1252. REPORT AND BRIEFINGS ON DEFENSE SYSTEMS FOR CO-

PRODUCTION WITH INDIA.

\(a\) Report.—

\(1\) In general.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense, in

cooperation with the Secretary of State, shall submit to the

congressional defense committees a report that identifies

defense systems, subsystems, critical components, or

capabilities suitable for co-production or co-development

with India over the subsequent five-year period.

\(2\) Considerations.—In identifying such systems, the

Secretary of Defense shall consider the following:

\(A\) Operational demand, and documented capability gaps, of

the United States and India with respect to co-production and

co-development of defense systems, subsystems, critical

components, or capabilities.

\(B\) With respect to the meaningful participation in such

co-production and co-development, the industrial capacity of

defense firms of India, the Government of India, and any

other relevant entity.

\(C\) The potential to enhance—

\(i\) supply chain resilience and United States-India

interoperability; and

\(ii\) shared development of—

\(I\) hardware, such as munitions, combat vehicles, and space

technologies; and

\(II\) capabilities, including software, artificial

intelligence platforms, cyber platforms, and other advanced

technologies.

\(D\) Technology security and export control requirements

under the Arms Export Control Act \(22 U.S.C. 2751 et seq.\)

and applicable regulations.

\(E\) The relationship of the Government of India and the

defense firms of India with countries of concern, including

the People's Republic of China, Cuba, Iran, the Democratic

People's Republic of Korea, the Russian Federation, and

Venezuela, and the risk of sensitive technology transfer to

such countries.

\(3\) Strategy to advance co-production.—The report required

by paragraph \(1\) shall include, for each system identified, a

strategy to advance co-production that includes the

following:

\(A\) An identification of the proposed co-production or co-

development mechanism, such as Foreign Military Sales, Direct

Commercial Sales, a government-to-government agreement, or

another arrangement.

\(B\) An identification of key milestones and a timeline for

achieving a co-production or co-development arrangement

within the five-year period covered by the report.

\(C\) An identification of the lead Department of Defense

office responsible for execution of such arrangement.

\(D\) A description of known obstacles and steps to address

such obstacles, including any required regulatory, policy, or

legislative changes by the United States.

\(4\) Form.—The report required by paragraph \(1\) shall be

submitted in unclassified form but may include a classified

annex.

\(b\) Briefings.—Not later than two years after the date of

the enactment of this Act, and annually thereafter, the

Secretary of Defense shall provide the congressional defense

committees with a briefing on progress in advancing co-

production arrangements for each system identified under

subsection \(a\)\(1\), including any systems removed from or

added to the list and the rational for so doing.

SA 5950. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 F—Protecting Global Fisheries Act of 2026

SEC. 1271. SHORT TITLE.

This subtitle may be cited as the “Protecting Global

Fisheries Act of 2026”.

SEC. 1272. DEFINITIONS.

In this subtitle:

\(1\) Admission; admitted; alien; lawfully admitted for

permanent residence.—The terms “admission”, “admitted”,

“alien”, and “lawfully admitted for permanent residence”

have the meanings given those terms in section 101 of the

Immigration and Nationality Act \(8 U.S.C. 1101\).

\(2\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Armed Services, the Committee on

Commerce, Science, and Transportation, and the Committee on

Foreign Relations of the Senate; and

\(B\) the Committee on Armed Services, the Committee on

Energy and Commerce, the Committee on Foreign Affairs, the

Committee on Natural Resources, and the Committee on

Transportation and Infrastructure of the House of

Representatives.

\(3\) Foreign person.—The term “foreign person” means an

individual or entity that is not a United States person.

\(4\) Illegal, unreported, or unregulated fishing.—The term

“illegal, unreported, or unregulated fishing” means

activities described as illegal fishing, unreported fishing,

or unregulated fishing in paragraph 3 of the International

Plan of Action to Prevent,

Deter and Eliminate Illegal, Unreported and Unregulated

Fishing, adopted at the 24th Session of the Committee on

Fisheries of the Food and Agriculture Organization of the

United Nations in Rome on March 2, 2001.

\(5\) 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.

SEC. 1273. INTERNATIONAL COLLABORATION RELATED TO COUNTERING

ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

\(a\) Statement of Policy.—It is the policy of the United

States to prioritize collaboration with appropriate countries

that are allies and partners of the United States, and

through appropriate international institutions, to combat

illegal, unreported, or unregulated fishing.

\(b\) Actions by Secretaries.—The Secretary of State, the

Secretary of Commerce, and the Secretary of Homeland Security

may provide direction, as appropriate, to use the voice,

vote, and influence of the United States in all appropriate

international fora and with appropriate countries that are

allies and partners of the United States—

\(1\) to ensure that cutting edge technology is deployed in

accordance with existing or future maritime law enforcement

agreements the United States may enter or has entered into;

and

\(2\) to hold accountable those individuals or entities that

are responsible or complicit in illegal, unreported, or

unregulated fishing, with a particular focus on the harmful

actions of the People's Republic of China.

\(c\) Advocacy at United Nations.—The President may direct

the United States Permanent Representative to the United

Nations to use the voice, vote, and influence of the United

States to urge the United Nations to take greater action with

respect to collaborative global efforts to counter illegal,

unreported, or unregulated fishing.

SEC. 1274. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH

RESPECT TO ILLEGAL, UNREPORTED, OR UNREGULATED

FISHING AND TRADE IN ENDANGERED SPECIES.

\(a\) Determinations and Recommendations.—The Secretary of

the Treasury, in consultation with the Secretary of State,

the Secretary of Commerce, and the Secretary of the Interior,

may recommend to the President that the President impose

sanctions as described in subsection \(b\) with respect to any

foreign person or foreign vessel \(regardless of ownership\)

that the Secretaries determine—

\(1\) is responsible for or complicit in—

\(A\) illegal, unreported, or unregulated fishing; or

\(B\) except as part of a conservation effort, the sale,

supply, purchase, or transfer \(including transportation\) of

endangered species, as defined in section 3\(6\) of the

Endangered Species Act of 1973 \(16 U.S.C. 1532\(6\)\);

\(2\) is a leader or official of an entity, including a

government entity, that has engaged in, or the members of

which have engaged in, any of the activities described in

paragraph \(1\) during the tenure of the leader or official;

\(3\) has ever owned, operated, chartered, or controlled a

vessel during which time the personnel of the vessel engaged

in any of the activities described in paragraph \(1\); or

\(4\) has materially assisted, sponsored, or provided

financial, material, or technological support for, or goods

or services in support of—

\(A\) any of the activities described in paragraph \(1\); or

\(B\) any foreign person engaged in any such activity.

\(b\) Imposition of Sanctions.—With respect to a foreign

person or foreign vessel that is the subject of a

recommendation under subsection \(a\) or that the Secretary of

the Treasury, in consultation with the Secretary of State,

the Secretary of Commerce, and the Secretary of the Interior,

determines has engaged in activity described in that

subsection, the President may impose sanctions, including the

following:

\(1\) Blocking of property.—Notwithstanding section 202 of

the International Emergency Economic Powers Act \(50 U.S.C.

1701\), the exercise of all powers granted to the President by

the International Emergency Economic Powers Act \(50 U.S.C.

1701 et seq.\) to the extent necessary to block and prohibit

all transactions in all property and interests in property of

a foreign person described in subsection \(a\), if such

property and interests in property are in the United States,

come within the United States, or are or come within the

possession or control of a United States person.

\(2\) Inadmissibility to the united states.—In the case of

an alien described in subsection \(a\), or any alien that the

President determines is a corporate officer or principal of,

or a shareholder with a controlling interest in, a foreign

person described in subsection \(a\) that is an entity—

\(A\) ineligibility for a visa and inadmissibility to the

United States; and

\(B\) revocation of any valid visa or travel documentation in

accordance with section 221\(i\) of the Immigration and

Nationality Act \(8 U.S.C. 1201\(i\)\).

\(3\) Loans from united states financial institutions.—The

President may prohibit any United States financial

institution from making loans or providing credits to a

foreign person described in subsection \(a\).

\(4\) Foreign exchange.—The President may, pursuant to such

regulations as the President may prescribe, prohibit any

transactions in foreign exchange that are subject to the

jurisdiction of the United States and in which a foreign

person or foreign vessel described in subsection \(a\) has any

interest.

\(c\) Report Required.—Not later than 1 year after the date

of the enactment of this Act, and annually thereafter, the

President shall submit a report on the imposition of

sanctions under this section to—

\(1\) the Committee on Banking, Housing, and Urban Affairs

and the Committee on Foreign Relations of the Senate; and

\(2\) the Committee on Financial Services and the Committee

on Foreign Affairs of the House of Representatives.

\(d\) Exceptions.—

\(1\) Exceptions for authorized intelligence and law

enforcement activities.—Sanctions under this section shall

not apply with respect to activities subject to the reporting

requirements under title V of the National Security Act of

1947 \(50 U.S.C. 3091 et seq.\) or any authorized intelligence,

law enforcement, or national security activities of the

United States.

\(2\) Exception to comply with international agreements.—

Sanctions under subsection \(b\)\(2\) shall not apply with

respect to the admission of an alien to the United States if

such admission is necessary to comply with the obligations of

the United States under the Agreement regarding the

Headquarters of the United Nations, signed at Lake Success on

June 26, 1947, and entered into force on November 21, 1947,

between the United Nations and the United States, or the

Convention on Consular Relations, done at Vienna on April 24,

1963, and entered into force on March 19, 1967, or other

international obligations.

\(3\) Exception for safety of vessels and crew.—Sanctions

under this section shall not apply with respect to a person

providing provisions to a vessel if such provisions are

intended for the safety and care of the crew aboard the

vessel or the maintenance of the vessel to avoid any

environmental or other significant damage.

\(4\) Humanitarian exception.—

\(A\) In general.—Except as provided in subparagraph \(B\),

the President may not impose sanctions under this section

with respect to any person for conducting or facilitating a

transaction for the sale of agricultural commodities, food,

medicine, or medical devices or for the provision of

humanitarian assistance.

\(B\) Exclusion.—The exception under subparagraph \(A\) does

not include transactions for the sale of food or agricultural

commodities obtained through illegal, unreported, or

unregulated fishing.

\(e\) Implementation; Penalties.—

\(1\) Implementation.—The President may exercise all

authorities provided under sections 203 and 205 of the

International Emergency Economic Powers Act \(50 U.S.C. 1702

and 1704\) to carry out this section.

\(2\) Penalties.—A person that violates, attempts to

violate, conspires to violate, or causes a violation of this

section or any regulation, license, or order issued to carry

out this section shall be subject to the penalties set forth

in subsections \(b\) and \(c\) of section 206 of the

International Emergency Economic Powers Act \(50 U.S.C. 1705\)

to the same extent as a person that commits an unlawful act

described in subsection \(a\) of that section.

\(f\) Rulemaking.—

\(1\) In general.—The Secretary of State, in consultation

with the Secretary of Commerce and the Secretary of the

Interior, may promulgate such rules and regulations as may be

necessary to carry out the provisions of this section \(which

may include regulatory exceptions and a process for making

determinations and recommendations under subsection \(a\)\).

\(2\) Rule of construction.—Nothing in this section may be

construed to limit the authority of the President pursuant to

the International Emergency Economic Powers Act \(50 U.S.C.

1701 et seq.\).

SEC. 1275. REPORT ON GLOBAL ILLEGAL, UNREPORTED, OR

UNREGULATED FISHING.

\(a\) Report Required.—

\(1\) In general.—Not later than 1 year after the date of

the enactment of this Act, and annually thereafter for 4

years, the Secretary of State, in consultation with the

Secretary of Defense and in coordination with the Secretary

of Homeland Security and the Secretary of Commerce, shall

submit to the appropriate congressional committees a report

that includes—

\(A\) recommendations to bolster maritime law enforcement

agreements with countries that are allies and partners of the

United States;

\(B\) an assessment of—

\(i\) the global illegal, unreported, or unregulated fishing

patterns, strategic goals, and regional priorities of the

People's Republic of China; and

\(ii\) government and nongovernment resourcing vectors of the

People's Republic of China for illegal, unreported, or

unregulated fishing fleets;

\(C\) an assessment of the efficacy of global forums to

respond to illegal, unreported, or unregulated fishing; and

\(D\) a strategy for the engagement of the United States in

such forums.

\(2\) Form.—The report required by paragraph \(1\) shall be

submitted in unclassified form, but may include a classified

annex.

\(b\) Interagency Working Group on Illegal, Unreported, or

Unregulated Fishing.—In preparing the report required by

subsection \(a\), the Secretary of State shall consider the

recommendations of the working group on maritime security and

illegal, unreported, or unregulated fishing established by

section 3551 of the Maritime Security and Fisheries

Enforcement Act \(16 U.S.C. 8031\).

SA 5951. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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\_\_. RESOURCES TO IMPLEMENT DEPARTMENT OF DEFENSE

POLICY ON CIVILIAN HARM.

\(a\) In General.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall—

\(1\) designate within each component specified in subsection

\(c\) an official responsible for—

\(A\) implementing and overseeing the implementation of

Department of Defense Instruction 3000.17, which was issued

pursuant to section 936 of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 \(Public Law

115-232; 10 U.S.C. 134 note\); and

\(B\) implementing and overseeing the implementation of all

other policies of the Department of Defense on the protection

of civilians and civilian harm mitigation and response,

consistent with the laws of war; and

\(2\) take all necessary steps to maintain within the

Civilian Protection Center of Excellence sufficient staff to

carry out the purposes of the Center set forth in section

184\(b\) of title 10, United States Code, and Department of

Defense Instruction 3000.17.

\(b\) Report Required.—Not later than 180 days after the

date of the enactment of this Act, the Secretary shall submit

to the congressional defense committees a report on the

implementation of Department of Defense Instruction 3000.17

that includes—

\(1\) A breakdown of the number of full-time equivalent staff

assigned to implementation of the Instruction across the

Department, including the locations, offices, and roles of

such staff.

\(2\) A description of the resources required by the

Department to effectively implement the Instruction.

\(c\) Components Specified.—The components specified in this

subsection are the following:

\(1\) The Office of the Under Secretary for Policy.

\(2\) The Joint Staff.

\(3\) The United States Central Command.

\(4\) The United States Africa Command.

\(5\) The United States Special Operations Command.

\(6\) The United States European Command.

\(7\) The United States Southern Command.

\(8\) The United States Indo-Pacific Command.

\(9\) The United States Northern Command.

SA 5952. Mr. GALLEGO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the

following:

SEC. 2873. REPORT ON MILITARY INSTALLATIONS IMPACTED BY

CONFLICT WITH ISLAMIC REPUBLIC OF IRAN.

\(a\) In General.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees a report on

military installations, forward operating bases, and

cooperative security locations damaged or impacted during the

conflict with the Islamic Republic of Iran.

\(b\) Elements.—The report submitted under subsection \(a\)

shall include, for each location included in the report—

\(1\) a comprehensive cost analysis of the necessary repairs;

and

\(2\) a listing of any munitions downgraded as a result of

the conflict with the Islamic Republic of Iran.

SA 5953. Mr. GALLEGO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1252. PROHIBITION ON USE OF FUNDS TO DELAY WEAPONS SALES

TO TAIWAN.

None of the funds authorized to be appropriated by this Act

or otherwise made available to the Department of Defense for

fiscal year 2027 may be used to delay weapons sales to Taiwan

to support the self-defense of Taiwan, in contravention of

the Taiwan Relations Act \(22 U.S.C. 3301 et seq.\).

SA 5954. Mr. GALLEGO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. \_\_. INELIGIBILITY OF ASHLI BABBITT FOR MILITARY FUNERAL

HONORS.

Ashli Babbitt shall be considered to be ineligible for

military funeral honors under section 985 of title 10, United

States Code. Her illegal actions of participating in the

January 6, 2021 insurrection, including crawling through a

broken window of a barricaded door leading to the House

Speaker's Lobby, disqualify her from such honors.

SA 5955. Mr. GALLEGO \(for himself and Mr. Justice\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 G of title X, insert

the following:

SEC. . COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

Section 1433\(g\) of the Safe Drinking Water Act \(42 U.S.C.

300i-2\(g\)\) is amended—

\(1\) in paragraph \(1\), by striking “2020 and 2021” and

inserting “2027 through 2032”;

\(2\) in paragraph \(2\), by striking subparagraph \(F\) and

inserting the following:

“\(F\) participation in training programs, and the purchase

of training manuals and guidance materials, relating to

security and resilience, including—

“\(i\) protecting community water systems from cyberattacks;

and

“\(ii\) responding to cyberattacks;”; and

\(3\) in paragraph \(6\), by striking “2020 and 2021” and

inserting “2027 through 2032”.

SA 5956. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the

following:

SEC. \_\_. PRE-APPROVAL FOR PURCHASE AND THIRD PARTY TRANSFER

OF CERTAIN DEFENSE ARTICLES FOR UKRAINE.

\(a\) Statement of Policy.—As long as the Russian Federation

continues to execute its brutal invasion of Ukraine, it is

the policy of the United States—

\(1\) to welcome long-term investment from allies and

partners in the United States defense industrial base; and

\(2\) to facilitate increased contributions from allies and

partners to the defense of Ukraine.

\(b\) Pre-approval for Purchase and Third Party Transfer of

Certain Defense Articles for Ukraine.—Section 3 of the Arms

Export Control Act \(22 U.S.C. 2753\) is amended by adding at

the end the following:

“\(h\) Purchase and Third Party Transfer: Ukraine.—

“\(1\) In general.—The transfer of defense articles sold by

the United States under this Act shall be approved, and

subsections \(a\), \(b\), and \(d\) shall not apply to such a

transfer, if—

“\(A\) the purchaser of the defense articles to be

transferred is the government of a member country of the

North Atlantic Treaty Organization, the Government of

Australia, the Government of Japan, the Government of the

Republic of Korea, the Government of Israel, or the

Government of New Zealand;

“\(B\) the recipient of the defense articles to be

transferred is the Government of Ukraine;

“\(C\) the defense articles are 155mm artillery shells,

155mm Excalibur extended range artillery shells, High

Mobility Artillery Rocket System \(HIMARS\) munitions, or

Guided Multiple Launch Rocket System \(GMLRS\) munitions;

“\(D\) the Government of Ukraine has provided a commitment

in writing to the United States Government, including to the

Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives, that it will not transfer such defense

articles, if not demilitarized, to any other foreign country

or person without first obtaining the consent of the

President; and

“\(E\) the Government of Ukraine accepts title and physical

custody of the transferred defense articles before December

31, 2030.

“\(2\) Notice to congress.—Before a transfer of defense

articles to the Government of Ukraine approved under

paragraph \(1\) is made, the President shall promptly notify

the Speaker of the House of Representatives, the Committee on

Foreign Affairs of the House of Representatives, and the

Committee on Foreign Relations of the Senate of the intended

transfer.

“\(3\) Annual extension.—Annually, the Secretary of State

may extend the date in paragraph \(1\)\(E\) by one year until

December 31, 2035, if, before such an extension, the

Secretary certifies to the Committee on Foreign Relations of

the Senate and the Committee on Foreign Affairs of the House

of Representatives that the Russian Federation is continuing

to execute its invasion of Ukraine.

“\(4\) Rules of construction.—

“\(A\) Selection of defense articles.—Nothing in this

subsection may be construed to limit—

“\(i\) the type or quantity of defense articles that may be

requested by, or transferred to, the Government of Ukraine;

or

“\(ii\) the timing of such requests or transfers.

“\(B\) Retransfers.—Any request by the Government of

Ukraine to retransfer defense articles received by that

Government under this Act remains subject to all relevant

provisions of this Act.”.

SA 5957. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 A—North Korean Human Rights

SEC. 1271. SHORT TITLE.

This subtitle may be cited as the “North Korean Human

Rights Reauthorization Act of 2025”.

SEC. 1272. FINDINGS.

Congress makes the following findings:

\(1\) The North Korean Human Rights Act of 2004 \(Public Law

108-333; 22 U.S.C. 7801 et seq.\) and subsequent

reauthorizations of such Act were the product of broad,

bipartisan consensus regarding the promotion of human rights,

documentation of human rights violations, transparency in the

delivery of humanitarian assistance, and the importance of

refugee protection.

\(2\) The human rights and humanitarian conditions within

North Korea remain deplorable and have been intentionally

perpetuated against the people of North Korea through

policies endorsed and implemented by Kim Jong-un and the

Workers' Party of Korea.

\(3\) According to a 2014 report released by the United

Nations Human Rights Council's Commission of Inquiry on Human

Rights in the Democratic People's Republic of Korea, between

80,000 and 120,000 children, women, and men were being held

in political prison camps in North Korea, where they were

subjected to deliberate starvation, forced labor, executions,

torture, rape, forced abortion, and infanticide.

\(4\) North Korea continues to hold a number of South Koreans

and Japanese abducted after the signing of the Agreement

Concerning a Military Armistice in Korea, signed at Panmunjom

July 27, 1953 \(commonly referred to as the “Korean War

Armistice Agreement”\), and refuses to acknowledge the

abduction of more than 100,000 South Koreans during the

Korean War in violation of the Geneva Convention.

\(5\) Human rights violations in North Korea, which include

forced starvation, sexual violence against women and

children, restrictions on freedom of movement, arbitrary

detention, torture, executions, and enforced disappearances,

amount to crimes against humanity according to the United

Nations Commission of Inquiry on Human Rights in the

Democratic People's Republic of Korea.

\(6\) The Chinese Communist Party and the Government of the

People's Republic of China are aiding and abetting in crimes

against humanity by forcibly repatriating North Korean

refugees to North Korea where they are sent to prison camps,

harshly interrogated, and tortured or executed.

\(7\) The forcible repatriation of North Korean refugees

violates the People's Republic of China's freely undertaken

obligation to uphold the principle of non-refoulement, under

the Convention Relating to the Status of Refugees, done at

Geneva July 28, 1951 \(and made applicable by the Protocol

Relating to the Status of Refugees, done at New York January

31, 1967 \(19 UST 6223\)\).

\(8\) North Korea continues to bar freedom of religion and

persecute religious minorities, especially Christians.

Eyewitnesses report that Christians in North Korea have been

tortured, forcibly detained, and even executed for possessing

a Bible or professing Christianity.

\(9\) United States and international broadcasting operations

into North Korea—

\(A\) serve as a critical source of outside news and

information for the North Korean people; and

\(B\) provide a valuable service for countering regime

propaganda and false narratives.

SEC. 1273. SENSE OF CONGRESS.

It is the sense of Congress that—

\(1\) promoting information access in North Korea continues

to be a successful method of countering North Korean

propaganda;

\(2\) the United States Government should continue to support

efforts described in paragraph \(1\), including by enacting and

implementing the Otto Warmbier North Korean Censorship and

Surveillance Act of 2021, which was introduced by Senator

Portman on June 17, 2021;

\(3\) because refugees among North Koreans fleeing into China

face severe punishments upon their forcible return, the

United States should urge the Government of the People's

Republic of China—

\(A\) to immediately halt its forcible repatriation of North

Koreans;

\(B\) to allow the United Nations High Commissioner for

Refugees \(referred to in this section as “UNHCR”\) unimpeded

access to North Koreans within China to determine whether

they are refugees and require assistance;

\(C\) to fulfill its obligations under the Convention

Relating to the Status of Refugees, done at Geneva July 28,

1951 \(and made applicable by the Protocol Relating to the

Status of Refugees, done at New York January 31, 1967 \(19 UST

6223\)\) and the Agreement on the upgrading of the UNHCR

Mission in the People's Republic of China to UNHCR branch

office in the People's Republic of China, done at Geneva

December 1, 1995;

\(D\) to address the concerns of the United Nations Committee

Against Torture by incorporating into domestic legislation

the principle of non-refoulement; and

\(E\) to recognize the legal status of North Korean women who

marry or have children with Chinese citizens and ensure that

all such mothers and children are granted resident status and

access to education and other public services in accordance

with Chinese law and international standards;

\(4\) the United States Government should continue to promote

the effective and transparent delivery and distribution of

any humanitarian aid provided in North Korea to ensure that

such aid reaches its intended recipients to the point of

consumption or utilization by cooperating closely with the

Government of the Republic of Korea and international and

nongovernmental organizations;

\(5\) the Department of State should continue to take steps

to increase public awareness about the risks and dangers of

travel by United States citizens to North Korea, including by

continuing its policy of blocking United States passports

from being used to travel to North Korea without a special

validation from the Department of State;

\(6\) the United Nations, which has a significant role to

play in promoting and improving human rights in North Korea,

should press for access for the United Nations Special

Rapporteur and the United Nations High Commissioner for Human

Rights on the situation of human rights in North Korea;

\(7\) the Special Envoy for North Korean Human Rights Issues

should be appointed without delay—

\(A\) to properly promote and coordinate North Korean human

rights and humanitarian issues; and

\(B\) to participate in policy planning and implementation

with respect to refugee issues;

\(8\) the United States should urge North Korea to repeal the

Reactionary Thought and Culture Denunciation Law and other

draconian laws, regulations, and decrees that manifestly

violate the freedom of opinion and expression and the freedom

of thought, conscience, and religion;

\(9\) the United States should expand the Rewards for Justice

program to be open to North Korean officials who can provide

evidence of crimes against humanity being committed by North

Korean officials;

\(10\) the United States should continue to seek cooperation

from all foreign governments—

\(A\) to allow the UNHCR access to process North Korean

refugees overseas for resettlement; and

\(B\) to allow United States officials access to process

refugees for possible resettlement in the United States; and

\(11\) the Secretary of State, through diplomacy by senior

officials, including United States ambassadors to Asia-

Pacific countries, and in close cooperation with South Korea,

should make every effort to promote the protection of North

Korean refugees, escapees, and defectors.

SEC. 1274. REAUTHORIZATIONS.

\(a\) Support for Human Rights and Democracy Programs.—

Section 102\(b\)\(1\) of the North Korean Human Rights Act of

2004 \(22 U.S.C. 7812\(b\)\(1\)\) is amended by striking “2022”

and inserting “2030”.

\(b\) Actions To Promote Freedom of Information.—Section 104

of the North Korean Human Rights Act of 2004 \(22 U.S.C. 7814\)

is amended—

\(1\) in subsection \(b\)\(1\), by striking “2022” and

inserting “2030”; and

\(2\) in subsection \(c\), by striking “through 2022” and

inserting “thereafter until October 18, 2030”.

\(c\) Report by Special Envoy on North Korean Human Rights

Issues.—Section 107\(d\) of the North Korean Human Rights Act

of 2004 \(22 U.S.C. 7817\(d\)\) is amended by striking “through

2022” and inserting “until October 18, 2030”.

\(d\) Report on United States Humanitarian Assistance.—

Section 201\(a\) of the North Korean Human Rights Act of 2004

\(22 U.S.C. 7831\(a\)\) is amended, in the matter preceding

paragraph \(1\), by striking “through 2022” and inserting

“until October 18, 2030”.

\(e\) Assistance Provided Outside of North Korea.—Section

203 of the North Korean Human Rights Act of 2004 \(22 U.S.C.

7833\) is amended—

\(1\) in subsection \(b\)\(2\), by striking “103\(15\)” and

inserting “103\(17\)”; and

\(2\) in subsection \(c\)\(1\), by striking “2018 through 2022”

and inserting “2025 through 2030”.

\(f\) Annual Reports.—Section 305\(a\) of the North Korean

Human Rights Act of 2004 \(22 U.S.C. 7845\(a\)\) is amended, in

the matter preceding paragraph \(1\) by striking “through

2022” and inserting “until October 18, 2030”.

SEC. 1275. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

Title I of the North Korean Human Rights Act of 2004 \(22

U.S.C. 7811 et seq.\) is amended—

\(1\) in section 103\(a\) \(22 U.S.C. 7813\(a\)\), by striking

“Broadcasting Board of Governors” and inserting “United

States Agency for Global Media”; and

\(2\) in section 104\(a\) \(22 U.S.C. 7814\(a\)\)—

\(A\) by striking “Broadcasting Board of Governors” each

place such term appears and inserting “United States Agency

for Global Media”;

\(B\) in paragraph \(7\)\(B\)—

\(i\) in the matter preceding clause \(i\), by striking “5

years” and inserting “10 years”;

\(ii\) by redesignating clauses \(i\) through \(iii\) as clauses

\(ii\) through \(iv\), respectively;

\(iii\) by inserting before clause \(ii\) the following:

“\(i\) an update of the plan required under subparagraph

\(A\);”; and

\(iv\) in clause \(iii\), as redesignated, by striking

“pursuant to section 403” and inserting “to carry out this

section”.

SEC. 1276. SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS

ISSUES.

Section 107 of the North Korean Human Rights Act of 2004

\(22 U.S.C. 7817\) is amended by adding at the end the

following:

“\(e\) Report on Appointment of Special Envoy.—Not later

than 180 days after the date of the enactment of the North

Korean Human Rights Reauthorization Act of 2025, and annually

thereafter for the following 3 years, if the position of

Special Envoy is vacant, the Secretary of State shall submit

a report to the appropriate congressional committees that

describes the efforts being taken to appoint the Special

Envoy.”.

SEC. 1277. SUPPORT FOR NORTH KOREAN REFUGEES.

\(a\) In General.—The Secretary of State and the Secretary

of Homeland Security should collaborate with faith-based and

Korean-American organizations to resettle North Korean

participants in the United States Refugee Admissions Program

in areas with existing Korean-American communities to

mitigate trauma and mental health considerations of refugees,

as appropriate.

\(b\) Resettlement Location Assistance Education.—The

Secretary of State shall publicly disseminate guidelines and

information relating to resettlement options in the United

States or South Korea for eligible North Korean refugees,

with a particular focus on messaging to North Koreans.

\(c\) Mechanisms.—The guidelines and information described

in subsection \(b\)—

\(1\) shall be published on a publicly available website of

the Department of State;

\(2\) shall be broadcast into North Korea through radio

broadcasting operations funded or supported by the United

States Government; and

\(3\) shall be distributed through brochures or electronic

storage devices.

SEC. 1278. AUTHORIZATION OF SANCTIONS FOR FORCED REPATRIATION

OF NORTH KOREAN REFUGEES.

\(a\) Discretionary Designations.—Section 104\(b\)\(1\) of the

North Korea Sanctions and Policy Enhancement Act of 2016 \(22

U.S.C. 9214\) is amended—

\(1\) in subparagraph \(M\), by striking “or” after the

semicolon;

\(2\) in subparagraph \(N\), by striking the period at the end

and inserting “; or”; and

\(3\) by adding at the end the following:

“\(O\) knowingly, directly or indirectly, forced the

repatriation of North Korean refugees to North Korea.”.

\(b\) Exemptions.—Section 208\(a\)\(1\) of the North Korea

Sanctions and Policy Enhancement Act of 2016 \(22 U.S.C.

9228\(a\)\(1\)\) is amended by inserting “, the Republic of

Korea, and Japan” before the period at the end.

SEC. 1279. REPORT ON HUMANITARIAN EXEMPTIONS TO SANCTIONS

IMPOSED WITH RESPECT TO NORTH KOREA.

\(a\) Sense of Congress.—It is the sense of Congress that—

\(1\) the continued pursuit by the North Korean regime of

weapons of mass destruction \(including nuclear, chemical, and

biological weapons\), in addition to its ballistic missile

program, along with the regime's gross violations of human

rights, have led the international community to impose

sanctions with respect to North Korea, including sanctions

imposed by the United Nations Security Council;

\(2\) authorities should grant exemptions for humanitarian

assistance to the people of North Korea consistent with past

United Nations Security Council resolutions; and

\(3\) humanitarian assistance intended to provide

humanitarian relief to the people of North Korea must not be

exploited or misdirected by the North Korean regime to

benefit the military or elites of North Korea.

\(b\) Reports Required.—

\(1\) Defined term.—In this subsection, the term “covered

period” means—

\(A\) in the case of the first report required to be

submitted under paragraph \(2\), the period beginning on

January 1, 2018, and ending on the date that is 90 days after

the date of the enactment of this Act; and

\(B\) in the case of each subsequent report required to be

submitted under paragraph \(2\), the 1-year period preceding

the date by which the report is required to be submitted.

\(2\) In general.—Not later than 180 days after the date of

the enactment of this Act, and annually thereafter for the

following 2 years, the Secretary of State shall submit a

report to Congress that—

\(A\) describes—

\(i\) how the North Korean regime has previously exploited

humanitarian assistance from the international community to

benefit elites and the military in North Korea;

\(ii\) the most effective methods to provide humanitarian

relief, including mechanisms to facilitate humanitarian

assistance, to the people of North Korea, who are in dire

need of such assistance;

\(iii\) any requests to the Committee of the United Nations

Security Council established by United Nations Security

Council Resolution 1718 \(2006\) \(referred to in this section

as the “1718 Sanctions Committee”\) for humanitarian

exemptions from sanctions known to have been denied during

the covered period or known to have been in process for more

than 30 days as of the date of the report; and

\(iv\) any known explanations for the denials and delays

referred to in clause \(iii\); and

\(B\) details any action by a foreign government during the

covered period that has delayed or impeded humanitarian

assistance that was approved by the 1718 Sanctions Committee.

SA 5958. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1210. IMPROVING THE BRAZILIAN AMAZON.

\(a\) Short Title.—This section may be cited as the

“Strengthening the Rule of Law in the Brazilian Amazon

Act”.

\(b\) Definitions.—In this section:

\(1\) Crimes.—The term “crimes” means—

\(A\) any crime related or contributing to the illegal

fishing and wildlife trade, illicit mining, or illegal

logging and land-clearing in the Brazilian Amazon; and

\(B\) associated corruption, financial crimes, and violent

crimes.

\(2\) Environmental degradation.—The term “environmental

degradation” means physical damage to land, water, or

wildlife resources that results from crimes described in

paragraph \(1\).

\(3\) International financial institutions.—The term

“international financial institutions” means—

\(A\) the World Bank Group;

\(B\) the Inter-American Development Bank Group; and

\(C\) the International Monetary Fund.

\(4\) Relevant federal agencies.—The term “relevant Federal

agencies” means—

\(A\) the Department of State; and

\(B\) other Federal departments and agencies the President

has designated as having significant domestic or foreign

affairs equities in identifying investment opportunities in

the Brazilian Amazon and combating criminal elements in the

Brazilian Amazon.

\(c\) Identifying Investment Opportunities in the Brazilian

Amazon.—

\(1\) Business development.—The Chief Executive Officer of

the United States International Development Finance

Corporation should consider placing a staff member in Brazil

with duties that include—

\(A\) identifying and implementing more viable economic

opportunities in the Brazilian Amazon; and

\(B\) identifying possible investment risks and mitigation

measures related to operations and actors that contribute to

criminal activity in the Brazilian Amazon.

\(2\) Report.—Not later than 180 days after the date of the

enactment of this Act, the Chief Executive Officer of the

United States International Development Finance Corporation

shall submit a report to Congress that describes—

\(A\) the opportunities identified pursuant to paragraph

\(1\)\(A\); and

\(B\) the most significant barriers to greater investment in

sustainable and viable economic opportunities in the

Brazilian Amazon.

\(d\) Combating Criminal Elements Operating in the Brazilian

Amazon.—

\(1\) In general.—The Secretary of State may direct the

Assistant Secretary of State

for International Narcotics and Law Enforcement Affairs, in

coordination with relevant Federal agencies and the United

States mission in Brazil, to support Brazil's efforts to

identify and disrupt the complex and transnational criminal

networks contributing to the destruction of communities and

deforestation in the Brazilian Amazon by providing capacity

building and technical assistance, including—

\(A\) information sharing, training, and capacity-building

for Brazilian agencies, including through United States

Government agencies;

\(B\) collaborating on tracing funds generated from crimes;

\(C\) supporting investigations of crimes that are associated

with deforestation, environmental degradation, money

laundering, asset laundering, or corruption offenses;

\(D\) assisting with the identification of the proceeds of

such crimes to help facilitate asset recovery; and

\(E\) providing appropriate United States assistance to

funding mechanisms consistent with the goals of this section.

\(2\) Community assistance.—The Secretary of State, in

consultation with relevant Federal agencies, should provide

financial and technical assistance to help prevent crimes by

promoting—

\(A\) lawful livelihoods in the Brazilian Amazon;

\(B\) the economic, social, and political advancement of

local communities, including internationally recognized human

rights in Afro-descendent and indigenous communities;

\(C\) economic activities and natural resource management,

including mining, agriculture, and forest-based activities;

and

\(D\) the management of protected areas, including indigenous

territories, buffer zones, water resources, terrestrial and

aquatic habitats of species deemed to be threatened by

extinction, and other spaces vulnerable to conversion and

deforestation.

\(3\) Annual report.—Not later than 180 days after the date

of the enactment of this Act and annually thereafter for the

following 5 years, the Secretary of State, in coordination

with relevant Federal agencies and nongovernmental

organizations, shall submit a report to Congress that

describes the progress made in carrying out paragraphs \(1\)

and \(2\).

\(e\) Report on Certain Drivers of Deforestation and

Environmental Degradation in the Brazilian Amazon.—Not later

than 180 days after the date of the enactment of this Act,

the Secretary of State, in coordination with relevant Federal

agencies, shall submit a report to Congress regarding certain

drivers of deforestation and environmental degradation in the

Brazilian Amazon that includes—

\(1\) a description of the agricultural commodities, illegal

timber, minerals, and wildlife entering the United States

market that are contributing to deforestation and

environmental degradation of the Brazilian Amazon;

\(2\) a description of the role of the People's Republic of

China's in facilitating illicit resource extraction and

environmental degradation, including deforestation, in the

Brazilian Amazon;

\(3\) the funding levels and efficacy of United States

foreign assistance programs in identifying and disrupting the

criminal elements operating in the Brazilian Amazon; and

\(4\) an assessment of the Government of Brazil's

contributions to countering criminal elements operating in

the Brazilian Amazon.

\(f\) International Cooperation.—The Secretary of the

Treasury should direct the United States executive director

to each international financial institution, in consultation

with relevant Federal agencies, to use the voice, vote, and

influence of the United States—

\(1\) to prioritize promoting broad-based development in the

Brazilian Amazon; and

\(2\) to oppose any loans or programs at any such institution

that would facilitate or exacerbate deforestation and

environmental degradation in the Brazilian Amazon.

SA 5959. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1271. FULL FUNDING OF NATIONAL SECURITY PRIORITIES.

\(a\) Findings.—Congress finds the following:

\(1\) A report issued by the Department of State in 2023

identified a $41,300,000,000 gap between the resources made

available to the Department of State and relevant Federal

agencies and the resources required to effectively counter

the People's Republic of China in the Indo-Pacific region.

\(2\) The People's Republic of China \(PRC\) has provided some

$2,200,000,000,000 in grants and loans to more than 200

countries between 2000 and 2023.

\(3\) Through its development banks, the People's Republic of

China is the world's largest provider of development finance.

\(b\) Sense of Congress.—It is the sense of Congress that—

\(1\) the United States is a beacon of democracy and freedom

in an increasingly fraught world;

\(2\) the Department of State, as a critical national

security agency, must be appropriately staffed and resourced

at a time when geopolitical rivals, including the People's

Republic of China, are rapidly expanding their global

diplomatic presences; and

\(3\) it is imperative to empower the Department of State and

relevant Federal agencies to ensure the United States can—

\(A\) effectively advance the national security interests of

the United States;

\(B\) maintain United States technological competitiveness;

and

\(C\) respond with flexibility to metastasizing global

threats.

\(c\) Annual Report.—

\(1\) Definitions.—In this section:

\(A\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(i\) the Committee on Foreign Relations and the Committee on

Appropriations of the Senate; and

\(ii\) the Committee on Foreign Affairs and the Committee on

Appropriations of the House of Representatives.

\(B\) Unfunded priorities.—The term “unfunded priority”,

with respect to a fiscal year, means a program, activity, or

mission requirement of an element of the Department of State

or another relevant Federal agency that—

\(i\) is not funded in the budget for such fiscal year

submitted by the President to Congress pursuant to section

1105 of title 31, United States Code;

\(ii\) is necessary to fulfill a foreign policy or national

security objective or to satisfy an information requirement

associated with a goal or objective outlined in the Agency

Strategic Plan or prior year Joint Strategic Plans agreed

upon by the Department of State and relevant Federal

agencies; and

\(iii\) would have been recommended for funding by the

Secretary of State or the leadership of relevant Federal

agencies if—

\(I\) additional resources had been available for such budget

to fund such program, activity, or mission requirement; or

\(II\) the program, activity, or mission requirement has

emerged since such budget was formulated.

\(2\) Reporting requirement.—Not later than 10 days after

the date on which the budget for any fiscal year is submitted

by the President to Congress, the Secretary of State, in

consultation with the leadership of relevant Federal

agencies, shall prepare and submit to the appropriate

congressional committees a report on the unfunded priorities

of the programs under the jurisdiction of the Secretary.

\(3\) Elements.—

\(A\) In general.—Each report submitted to Congress pursuant

to paragraph \(2\) shall include, with respect to each unfunded

priority covered by such report—

\(i\) a summary description of such priority, including the

objectives to be achieved if such priority is funded \(whether

in whole or in part\);

\(ii\) the additional amount of funds recommended to be made

available to achieve the objectives referred to in clause

\(i\); and

\(iii\) budget information with respect to such priority,

including—

\(I\) the appropriation account;

\(II\) the expenditure center; and

\(III\) the project and, if applicable, any subprojects.

\(B\) Prioritization.—Each report submitted to Congress

pursuant to paragraph \(2\) shall present the unfunded

priorities covered by such report in overall order of urgency

of priority among unfunded priorities.

SA 5960. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1218. REPEAL OF JOINT RESOLUTION TO PROMOTE PEACE AND

STABILITY IN THE MIDDLE EAST.

The joint resolution entitled “A joint resolution to

promote peace and stability in the Middle East” \(Public Law

85-7; 22 U.S.C. 1961 et seq.\) is hereby repealed.

SA 5961. Mr. BENNET \(for himself and Mr. McConnell\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In section 1224\(c\)\(2\)\(A\), strike clauses \(ii\) and \(iii\)

and insert the following:

\(ii\) the tactics, techniques, and procedures that enable

successful battlefield employment of offensive and defensive

unmanned aerial systems;

\(iii\) best practices with respect to force protection from

unmanned aerial systems and the defense of fixed targets from

unmanned aerial systems; and

\(iv\) the regular transmission of lessons learned in Ukraine

to the military forces of—

\(I\) Taiwan;

\(II\) Australia;

\(III\) Japan;

\(IV\) the Republic of Korea;

\(V\) Thailand;

\(VI\) the Philippines;

\(VII\) partners in the Indo-Pacific region, including India,

New Zealand, and Vietnam; and

\(VIII\) member countries of the North Atlantic Treaty

Organization, particularly such countries on the eastern

flank of the North Atlantic Treaty Organization alliance,

including Estonia, Finland, Latvia, Lithuania, and Poland.

SA 5962. Mr. FETTERMAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle X, add the following:

Subtitle H—Honoring Civil Servants Killed in the Line of Duty

SEC. 1091. SHORT TITLE.

This subtitle may be cited as the “Honoring Civil Servants

Killed in the Line of Duty Act”.

SEC. 1092. INCREASING DEATH GRATUITY FOR FEDERAL EMPLOYEES

KILLED IN THE LINE OF DUTY.

\(a\) Amendments to Title 5, United States Code.—

\(1\) In general.—Subchapter VII of chapter 55 of title 5,

United States Code, is amended by adding at the end the

following:

“Sec. 5571. Employee death gratuity payments

“\(a\) Definition.—

“\(1\) In general.—Notwithstanding section 5561\(2\), in this

section, the term \`employee' means an individual who has been

determined by the Secretary of Labor to be an employee within

the meaning of section 8101\(1\), but not including any

individual described in subparagraph \(D\) of section 8101\(1\).

“\(2\) Exclusive authority.—A determination described in

paragraph \(1\) may be made only by the Secretary of Labor.

“\(b\) Gratuity.—

“\(1\) In general.—With respect to the death of an employee

occurring on or after the date of enactment of this section,

notwithstanding section 8116, and in addition to any payment

made under subchapter I of chapter 81, the head of the agency

employing the employee shall pay from appropriations made

available for salaries and expenses of that agency a death

gratuity to the person identified under subsection \(c\)\(2\), if

the death of the employee—

“\(A\) results from injury sustained while in the line of

duty of the employee; and

“\(B\) is not—

“\(i\) caused by willful misconduct of the employee;

“\(ii\) caused by the intention of the employee to bring

about the injury or death of the employee or another; or

“\(iii\) proximately caused by the intoxication of the

injured employee.

“\(2\) Amount.—

“\(A\) In general.—Except as provided in subparagraph \(B\),

the amount of a death gratuity paid under paragraph \(1\) with

respect to an employee shall be $100,000, as adjusted each

March 1 by the amount determined by the Secretary of Labor to

represent the percentage change in the Personal Consumption

Expenditures Price Index published for December of the

preceding year over that Index published for the December of

the year prior to the preceding year, adjusted to the nearest

\\1/10\\ of 1 percent.

“\(B\) Local compensation plans.—For an employee

compensated under a local compensation plan established under

section 408 of the Foreign Service Act of 1980 \(22 U.S.C.

3968\), the amount of a death gratuity paid under paragraph

\(1\) with respect to the employee shall be in an amount

determined in rules issued by the Secretary of State.

“\(c\) Recipient of Payment.—

“\(1\) Definition.—In this subsection, the term \`child'—

“\(A\) includes—

“\(i\) a natural child; and

“\(ii\) an adopted child; and

“\(B\) does not include a stepchild.

“\(2\) Order of precedence.—A death gratuity paid under

subsection \(b\) with respect to an employee shall be paid in

the following order of precedence:

“\(A\)\(i\) To the beneficiary designated to receive the

gratuity by the employee in a signed and witnessed writing

that is received by the agency employing the employee before

the date of the death of the employee.

“\(ii\) A designation, change, or cancellation of

beneficiary in a will, or another document not described in

clause \(i\), shall have no force or effect for the purposes of

that clause.

“\(B\) If there is no beneficiary described in subparagraph

\(A\), to the surviving spouse of the employee.

“\(C\) If neither subparagraph \(A\) nor \(B\) applies, to the

children of the employee \(including the descendant of any

deceased child by representation\) such that each such child

receives an equal amount of the gratuity.

“\(D\) If none of subparagraph \(A\), \(B\), or \(C\) applies, to

the surviving parents of the employee such that each such

surviving parent receives an equal amount of the gratuity.

“\(E\) If none of subparagraphs \(A\) through \(D\) applies, to

the duly appointed executor or administrator of the estate of

the employee.

“\(F\) If none of subparagraphs \(A\) through \(E\) applies, to

the person entitled, under the laws of the State in which the

employee is domiciled, as of the date on which the employee

dies, to receive the payment.”.

\(2\) Repeal of death gratuity payment authority.—Section

651 of the Treasury, Postal Service, and General Government

Appropriations Act, 1997 \(5 U.S.C. 8133 note\) is repealed.

\(3\) Technical and conforming amendments.—The table of

sections for chapter 55 of title 5, United States Code, is

amended—

\(A\) by striking the item relating to subchapter VII and

inserting the following:

“subchapter vii—payments to missing persons and payments for

disability or death”; and

\(B\) by inserting after the item relating to section 5570

the following:

“5571. Employee death gratuity payments.”.

\(4\) Additional technical and conforming amendment.—The

heading for subchapter VII of chapter 55 of title 5, United

States Code, is amended by striking “EMPLOYEES” and

inserting “PERSONS AND PAYMENTS FOR DISABILITY OR DEATH”.

\(b\) Amendment to Title 49.—Section 40122\(g\)\(2\) of title

49, United States Code, is amended—

\(1\) in subparagraph \(I\)\(iii\), by striking “and” after the

semicolon;

\(2\) in subparagraph \(J\), by striking the period at the end

and inserting “; and”; and

\(3\) by inserting after subparagraph \(J\) the following:

“\(K\) section 5571, relating to death gratuities resulting

from an injury sustained in the line of duty.”.

SEC. 1093. FUNERAL EXPENSES.

\(a\) In General.—Section 8134\(a\) of title 5, United States

Code, is amended—

\(1\) by inserting “\(1\)” after “\(a\)”;

\(2\) by striking “$800” and inserting “$8,800”; and

\(3\) by adding at the end the following:

“\(2\) The amount described in paragraph \(1\) shall be

adjusted on March 1 of each year by the percentage amount

determined by the Secretary of Labor under section 8146a for

that year.”.

\(b\) Applicability.—The amendment made by subsection \(a\)\(2\)

shall apply with respect to any death occurring on or after

the date of enactment of this Act.

SEC. 1094. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION

WITH EMPLOYEE'S SERVICE WITH AN ARMED FORCE.

Section 8102a of title 5, United States Code, is amended—

\(1\) in subsection \(a\)—

\(A\) by striking “The United States” and inserting the

following:

“\(1\) In general.—The United States”;

\(B\) in paragraph \(1\), as so designated, by striking “up

to”; and

\(C\) by adding at the end the following:

“\(2\) Adjustment.—The amount described in paragraph \(1\)

shall be adjusted each March 1 by the amount determined by

the Secretary of Labor to represent the percentage change in

the Personal Consumption Expenditures Price Index published

for December of the preceding year over that Index published

for the December of the year prior to the preceding year,

adjusted to the nearest \\1/10\\ of 1 percent.”;

\(2\) by striking subsection \(c\) and inserting the following:

“\(c\) Relationship to Other Benefits.—With respect to a

death occurring on or after the date of enactment of the

Honoring Civil Servants Killed in the Line of Duty Act, the

death gratuity payable under this section may not be reduced

by the amount of any other death gratuity provided under any

other provision of Federal law based on the same death.”;

and

\(3\) in subsection \(d\), by adding at the end the following:

“\(7\) If a person covered by this section does not have any

eligible survivors, as described in this subsection, and that

person has not designated an alternate person to receive a

payment under this section, the payment shall be paid to the

personal representative of the person's estate.”.

SEC. 1095. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE LINE

OF DUTY ABROAD.

Section 413 of the Foreign Service Act of 1980 \(22 U.S.C.

3973\) is amended—

\(1\) in subsection \(a\)—

\(A\) in the first sentence, by striking “dependents” and

inserting “beneficiaries”; and

\(B\) in the second sentence, by inserting “, except as

provided in subsection \(e\)” after “payable from any

source”;

\(2\) by amending subsection \(b\) to read as follows:

“\(b\) Executive Agencies.—The head of an executive agency

shall, pursuant to guidance issued under subsection \(c\), make

a death gratuity payment authorized by this section to the

surviving beneficiaries of—

“\(1\) any employee of that agency who dies as a result of

injuries sustained in the performance of duty abroad while

subject to the authority of the chief of mission pursuant to

section 207; or

“\(2\) an individual in a special category serving in an

uncompensated capacity for that agency abroad in support of a

diplomatic mission, as identified in guidance issued under

subsection \(c\), who dies as a result of injuries sustained in

the performance of duty abroad.”;

\(3\) by striking subsection \(d\);

\(4\) by inserting after subsection \(c\) the following:

“\(d\) Eligibility Under Chapter 81 of Title 5, United

States Code.—A death gratuity payment shall be made under

this section only if the death is determined by the Secretary

of Labor to have resulted from an injury \(excluding a disease

proximately caused by the employment\) sustained in the

performance of duty under section 8102 of title 5, United

States Code.”;

\(5\) by redesignating subsection \(e\) as subsection \(f\);

\(6\) by inserting after subsection \(d\), as added by

paragraph \(4\), the following:

“\(e\) Offset.—For deaths occurring on or after the date of

enactment of the Honoring Civil Servants Killed in the Line

of Duty Act, the death gratuity payable under this section

shall be reduced by the amount of any death gratuity provided

under section 5571 of title 5, United States Code, based on

the same death.”; and

\(7\) in subsection \(f\), as so redesignated by paragraph \(5\),

by amending paragraph \(2\) to read as follows:

“\(2\) the term \`surviving beneficiaries' means the person

or persons identified pursuant to the order of precedence

established under section 5571\(c\)\(2\) of title 5, United

States Code.”.

SEC. 1096. EMERGENCY SUPPLEMENTAL AUTHORIZATION.

\(a\) Definitions.—In this section—

\(1\) the term “agency” means an agency that is authorized

or required to make a payment under a covered provision; and

\(2\) the term “covered provision” means—

\(A\) section 5571 of title 5, United States Code, as added

by section 1092 of this Act;

\(B\) section 8102a of title 5, United States Code, as

amended by section 1094 of this Act; or

\(C\) section 413 of the Foreign Service Act of 1980 \(22

U.S.C. 3973\), as amended by section 1095 of this Act.

\(b\) Authorization.—If the head of an agency determines,

with the concurrence of the Director of the Office of

Management and Budget, that a natural disaster, act of

terrorism, or other incident results in the inability of the

agency to make additional payments under a covered

provision—

\(1\) there are authorized to be appropriated to the agency

such sums as may be necessary to make those additional

payments; and

\(2\) the head of the agency may make those additional

payments only to the extent additional amounts are made

available for those purposes.

\(c\) Sense of Congress.—It is the sense of Congress that,

not later than 30 days after the date on which the head of an

agency submits to Congress a request for supplemental

appropriations for the purposes described in subsection \(b\),

Congress should take action with respect to that request.

SEC. 1097. REPORTING REQUIREMENTS.

\(a\) In General.—

\(1\) Definition.—In this subsection, the term “agency”

has the meaning given the term in section 5561 of title 5,

United States Code.

\(2\) Requirement.—If the head of an agency makes a death

gratuity payment under section 5571 of title 5, United States

Code, as added by section 1092 of this Act, the agency head

shall, not later than 15 business days after the date on

which the agency head makes that payment, submit to the

Comptroller General of the United States a notification

regarding that payment.

\(b\) GAO Reports.—Not later than 1 year after the date of

enactment of this Act, and annually thereafter, the

Comptroller General of the United States shall submit to the

Committee on Homeland Security and Governmental Affairs of

the Senate and the Committee on Oversight and Government

Reform of the House of Representatives a report regarding the

aggregate amount of death gratuities paid under section 5571

of title 5, United States Code, as added by section 1092 of

this Act, during the year covered by the report.

\(c\) Audit.—Not later than 3 years after the date of

enactment of this Act, the Comptroller General of the United

States shall—

\(1\) perform an audit regarding death gratuities paid under

section 5571 of title 5, United States Code, as added by

section 1092 of this Act;

\(2\) as part of the audit performed under paragraph \(1\),

determine the frequency with which future audits of the

payments described in that paragraph shall occur; and

\(3\) submit to the Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Oversight and Accountability of the House of Representatives

the results of the audit performed under paragraph \(1\).

SA 5963. Mr. FETTERMAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . PARITY IN ANNUAL PAY ADJUSTMENTS FOR FEDERAL

CIVILIAN EMPLOYEES AND MEMBERS OF THE ARMED

FORCES.

Section 5303 of title 5, United States Code, is amended by

adding at the end the following:

“\(h\) Parity With Military Pay Adjustments.—

“\(1\) In general.—Notwithstanding any other provision of

law, the percentage adjustment in the rates of basic pay

under the General Schedule under this section for any

calendar year shall be equal to the percentage increase in

basic pay provided for members of the uniformed services that

takes effect for that same calendar year.

“\(2\) Applicability.—The adjustment described in paragraph

\(1\) shall apply to—

“\(A\) rates of basic pay under the General Schedule under

section 5332; and

“\(B\) any other statutory pay system for civilian employees

that receives the annual adjustment under this section.

“\(3\) Prohibition on alternative pay plan.—The President

may not issue any alternative pay adjustment under subsection

\(b\) that results in a percentage adjustment lower than the

percentage increase in basic pay provided for members of the

uniformed services.”.

SA 5964. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in subtitle D of title XXVIII,

insert the following:

SEC. 28. MILITARY INSTALLATION RENAMINGS.

Upon the enactment of this Act, the Secretary of Defense

shall rename military installations as set forth in the

following table:

### Military Installation Renamings

————————————————————————————————————

Current New Installation

### State Installation Name Name

———————————————————————————————————— North Carolina.................. Fort Bragg........ Fort Liberty Georgia......................... Fort Benning...... Fort Moore Texas........................... Fort Hood......... Fort Cavazos Georgia......................... Fort Gordon....... Fort Shughart-

### Gordon

Virginia........................ Fort Lee.......... Fort Gregg-Adams Louisiana....................... Fort Polk......... Fort Johnson Alabama......................... Fort Rucker....... Fort Novosel Virginia........................ Fort Pickett...... Fort Barfoot Virginia........................ Fort A.P. Hill.... Fort Walker ————————————————————————————————————

SA 5965. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the

following:

SEC. 2873. MILITARY INSTALLATION RENAMINGS.

Upon the enactment of this Act, the Secretary of Defense

shall rename military installations as set forth in the

following table:

### Military Installation Renamings

————————————————————————————————————

Current New Installation

### State Installation Name Name

———————————————————————————————————— Georgia......................... Fort Benning...... Fort Moore Georgia......................... Fort Gordon....... Fort Shughart-

### Gordon

————————————————————————————————————

SA 5966. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. 1. SAFETY STANDARDS FOR WILDLAND FIREFIGHTERS.

\(a\) Definitions.—In this section:

\(1\) Covered permissible exposure limits.—The term

“covered permissible exposure limits” means—

\(A\) the permissible smoke exposure limit established by the

National Institute for Occupational Safety and Health; and

\(B\) the permissible occupational smoke exposure limit

established by the Occupational Health and Safety

Administration.

\(2\) Secretary.—The term “Secretary” means the Secretary

of Agriculture, acting through the Chief of the Forest

Service.

\(3\) Secretary concerned.—The term “Secretary concerned”

means—

\(A\) the Secretary, with respect to wildland firefighters

under the direction of the Secretary;

\(B\) the Secretary of the Interior, with respect to wildland

firefighters under the direction of the Secretary of the

Interior; and

\(C\) the Secretary of Defense, with respect to wildland

firefighters under the direction of the Secretary of Defense.

\(4\) Wildland firefighter.—The term “wildland

firefighter” means any person who participates in wildland

firefighting activities under the direction of the Secretary,

the Secretary of the Interior, or the Secretary of Defense,

including under a contract with the Secretary, the Secretary

of the Interior, or the Secretary of Defense.

\(b\) Safety Standards.—

\(1\) In general.—Subject to paragraph \(2\)—

\(A\) not later than 1 year after the date of enactment of

this Act, the Secretary, in coordination with the National

Wildfire Coordinating Group, the Secretary of the Interior,

and other appropriate Federal agencies, shall develop a

strategy to make commercially available appropriate

respiratory personal protective equipment for wildland

firefighters and supporting staff in settings in which smoke

exposure surpasses covered permissible exposure limits;

\(B\) the Secretary, in consultation with the National

Institute for Occupational Safety and Health and the

Occupational Safety and Health Administration, shall

determine appropriate respiratory personal protective

equipment for wildland firefighters and supporting staff in

settings in which smoke exposure surpasses covered

permissible exposure limits; and

\(C\) the Secretary concerned shall require each wildland

firefighter and supporting staff to use the respiratory

personal protective equipment determined under subparagraph

\(B\) in settings in which smoke exposure surpasses covered

permissible exposure limits.

\(2\) Review.—The Secretary shall—

\(A\) in consultation with the National Institute for

Occupational Safety and Health and the Occupational Safety

and Health Administration—

\(i\) periodically review standards relating to personal

protective equipment and other safety standards for wildland

firefighters and supporting staff, including the respiratory

personal protective equipment determined under paragraph

\(1\)\(B\); and

\(ii\) develop an appropriate permissible exposure limit or

occupational exposure limit for wildfire smoke for wildland

firefighters and supporting staff participating in settings

described in paragraph \(1\)\(A\) if the Secretary determines

that the covered permissible exposure limits are not tailored

to those settings; and

\(B\) incorporate into the standards described in

subparagraph \(A\)\(i\), by reference, the most recent edition of

standard NFPA 1984, entitled “Standard on Respirators for

Wildland Fire-Fighting and Wildland Urban Interface

Operations” \(and any subsequent editions\), as necessary, for

the safety and personal protection of wildland firefighters

and supporting staff, subject to the limit described in

subsection \(a\)\(1\)\(A\).

\(3\) Applicability.—The standards described in paragraph

\(2\)\(A\)\(i\) shall apply—

\(A\) on Department of Defense installations; and

\(B\) in cases in which Department of Defense personnel

provide mutual aid assistance.

\(c\) Authorization of Appropriations.—There are authorized

to be appropriated to the Secretary such sums as are

necessary to carry out this section for each fiscal year.

SA 5967. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1. PROHIBITION ON LISTING OF CONTRACTS RELATING TO

WAR, DEATH, AND SIMILAR ACTIVITIES.

Section 5c of the Commodity Exchange Act \(7 U.S.C. 7a-2\) is

amended by inserting after subsection \(c\) the following:

“\(d\) Prohibition on Listing of Contracts Relating to War,

Death, and Similar Activities.—A registered entity shall not

list for trading or accept for clearing on or through the

registered entity any of the following:

“\(1\) An agreement, contract, or transaction based on an

excluded commodity \(as defined in section 1a\(19\)\(iv\)\) that

involves, relates to, or references terrorism, assassination,

war, or any similar activity, as determined by the

Commission.

“\(2\) An agreement, contract, or transaction based on an

excluded commodity \(as defined in section 1a\(19\)\(iv\)\) that

involves, relates to, or references an individual's death or

could otherwise be construed as correlating closely to an

individual's death.”.

SA 5968. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the

following:

Subtitle Human Authority in Lethal Operations

SEC. 1. SHORT TITLE.

This subtitle may be cited as the “Human Authority in

Lethal Operations Act of 2026” or the “HALO Act of 2026”.

SEC. 2. DEFINITIONS.

In this subtitle:

\(1\) Appropriate committees of congress.—The term

“appropriate committees of Congress” means—

\(A\) the Select Committee on Intelligence, the Committee on

Armed Services, and the Committee on the Judiciary of the

Senate; and

\(B\) the Permanent Select Committee on Intelligence, the

Committee on Armed Services, and the Committee on the

Judiciary of the House of Representatives.

\(2\) Artificial intelligence.—The term “artificial

intelligence” has the meaning given such term in section

5002 of the National Artificial Intelligence Initiative Act

of 2020 \(15 U.S.C. 9401\).

\(3\) Autonomous weapon system.—

\(A\) In general.—The term “autonomous weapon system”

means a weapon system that, once activated, can identify,

select, or engage targets without further intervention by or

communication with a human operator.

\(B\) Includes.—The term defined in subparagraph \(A\)

includes weapon systems that have human-operated supervision

with the ability to override complete operation of the

system, but can select and engage targets without further

human operator input, recalibration, or communication after

activation.

\(4\) Covered artificial intelligence capability.—The term

“covered artificial intelligence capability” means an

artificial intelligence designed, tested, developed,

procured, deployed, or used by, on behalf of, or shared with

the Department.

\(5\) Designated commander.—The term “designated

commander” means the highest ranking commissioned officer

within the chain of command who exercises operational or

administrative command authority over an autonomous or semi-

autonomous weapons system.

\(6\) Department.—The term “Department” means Department

of Defense.

\(7\) Ethical principles for artificial intelligence.—The

term “Ethical Principles for Artificial Intelligence” means

the Ethical Principles for Artificial Intelligence adopted by

the Department on February 24, 2020, as in effect on January

1, 2025.

\(8\) Military departments.—The term “military

departments” has the meaning given such term in section

101\(a\) of title 10, United States Code.

\(9\) Responsible artificial intelligence strategy and

implementation pathway.—The term “Responsible Artificial

Intelligence Strategy and Implementation Pathway” means the

Responsible Artificial Intelligence Strategy and

Implementation Pathway dated June 2022 and prepared by the

Department of Defense Responsible Artificial Intelligence

Working Council in accordance with the memorandum issued by

Deputy Secretary of Defense Kathleen Hicks on May 26, 2021,

Implementing Responsible Artificial Intelligence in the

Department of Defense, as in effect on January 1, 2025.

\(10\) Secretary.—The term “Secretary” means the Secretary

of Defense.

\(11\) Semi-autonomous weapon system.—

\(A\) In general.—The term “semi-autonomous weapon system”

means a weapon system that, once activated, is intended to

only engage individual targets or specific target groups that

have been previously selected by a human operator.

\(B\) Included.—The term defined in subparagraph \(A\)

includes weapon systems that autonomously conduct engagement-

related functions, including the following:

\(i\) Acquiring, tracking, and identifying potential targets.

\(ii\) Cuing potential targets to human operators.

\(iii\) Prioritizing selected targets.

\(iv\) Providing input on timing of when to fire.

\(v\) Providing terminal guidance on how to narrowly

categorize selected targets, only if human operator control

is retained for the purpose of selecting individual targets

and specific target groups for engagement.

\(12\) Specific target group.—

\(A\) In general.—The term “specific target group” means a

discrete group of potential targets, such as a particular

flight of enemy aircraft, a particular formation of enemy

tanks, or a particular flotilla of enemy vessels.

\(B\) Excluded.—The term defined in subparagraph \(A\) does

not include a general class of targets or a specific type of

target, such as a particular model of tank or aircraft.

\(13\) Unintended engagement.—The term “unintended

engagement” means the use of force outcomes resulting in

damage to persons or objects that human operators did not

intend to be the targets of United States

military operations, including levels of collateral damage

beyond those consistent with the Law of Armed Conflict and

relevant laws of the United States and international laws,

applicable rules of engagement, and commander's intent.

SEC. 3. DESIGN AND SAFETY REQUIREMENTS FOR AUTONOMOUS AND

SEMI-AUTONOMOUS WEAPON SYSTEMS.

\(a\) General Requirement.—

\(1\) In general.—The Secretary shall, acting through each

of the Secretaries of the military departments, ensure that

whenever the Department designs, tests, develops, procures,

deploys, or uses a system described in paragraph \(2\), the

system meets the requirements of this section.

\(2\) Systems.—A system described in this paragraph is an

autonomous weapon system or semi-autonomous weapon system

that uses artificial intelligence to create, generate,

prioritize, recommend, or engage targets or courses of action

in support of use of force decisions.

\(b\) Human Responsibility Over Use of Force.—

\(1\) Accountable individuals.—For each system described in

subsection \(a\)\(2\)—

\(A\) not later than 90 days after the date of the enactment

of this Act, the Secretary shall promulgate rules for clear

chain of command and command hierarchy for military

operations involving a system described in subsection \(a\)\(2\)

to mirror the chain of command and command hierarchy for

military operations that do not involve such systems;

\(B\) the Secretary shall ensure that a designated commander

is identified as accountable under applicable military and

international laws for each engagement or class of

engagements involving a system described in subsection

\(a\)\(2\), regardless of the degree to which artificial

intelligence contributed to the identification, development,

recommendation, selection, or engagement of the target; and

\(C\) the designated commander identified under subparagraph

\(B\) shall exercise ultimate discretion, judgment, and control

over the use of force.

\(2\) System requirements.—Each system described in

subsection \(a\)\(2\) shall incorporate the following:

\(A\) A system design that incorporates capabilities and

interfaces that require the designated commander to exercise

ultimate discretion, judgment and control in the envisioned

development, planning, deployment, and use processes for the

weapon system, including constraints on each such system's

authorized actions, targets, and geographic, temporal, and

contextual scope, which the system may not expand or modify

without explicit human authorization.

\(B\) System capabilities, human-machine interfaces,

doctrine, tactics, techniques, procedures, and human operator

training must require commanders and human operators to use

the system with deference to their discretion regarding care,

and to analyze the output, in accordance with the Law of

Armed Conflict and relevant laws of the United States and

international laws, applicable treaties, weapon system safety

rules, and rules of engagement that are applicable or

reasonably expected to be applicable.

\(C\) The creation and ongoing maintenance of records of

target selection data, decision logic, and human operator

actions, including the individual designated under subsection

\(b\)\(1\)\(B\), sufficiently detailed to enable post-engagement

review of compliance.

\(D\) The design, testing, development, procurement,

deployment, legal analysis and review, and use of artificial

intelligence capabilities in autonomous and semi-autonomous

weapon systems shall be consistent with, but not limited to,

the Ethical Principles for Artificial Intelligence and the

Responsible Artificial Intelligence Strategy and

Implementation Pathway.

\(3\) Availability to the public.—The Secretary shall ensure

that—

\(A\) the Ethical Principles for Artificial Intelligence and

the Responsible Artificial Intelligence Strategy and

Implementation Pathway are available to the public; and

\(B\) any revision to the Ethical Principles for Artificial

Intelligence or the Responsible Artificial Intelligence

Strategy and Implementation Pathway adopted by the Secretary

is made available to the public before the date that is 30

days before the date on which the revision goes into effect.

\(c\) Engagement Constraints and Termination.—

\(1\) In general.—Each system described in subsection \(a\)\(2\)

shall be designed—

\(A\) to complete engagements within a designated timeframe

and designated geographic area and against a designated set

of potential targets, as well as other relevant constraints,

consistent with commander and human operator intentions;

\(B\) to require independent review and analysis of a

designated commander before using force against previously

unauthorized targets, materially expanding target sets or

geographic scope, taking actions contravening applicable law,

rules of engagement, other relevant laws of the United States

and international laws, or taking actions likely to result in

unintended engagement; and

\(C\) if unable to complete an engagement consistent with the

parameters described in paragraph \(1\), to terminate the

engagement until additional human operator and commander

evaluation is completed.

\(2\) Evaluation criteria.—The evaluation criteria used

under subparagraph \(C\) of paragraph \(1\) shall consist of

assessment of deficiencies and recommendations for changes to

be compliant with subparagraph \(A\) of such paragraph before

restarting preparation for engagement.

\(d\) Transparency, Auditability, and Explainability.—

Consistent with the potential consequences of an unintended

engagement or unauthorized interference with the operation of

a system described in subsection \(a\)\(2\), the physical

hardware and software of such system shall be designed with—

\(1\) technologies and data sources that are available to,

auditable by, and explainable to the greatest extent possible

by relevant personnel of the Department with the necessary

clearance level; and

\(2\) system safety, anti-tamper mechanisms, and

cybersecurity in accordance with Department instructions and

military standards governing cybersecurity and system safety.

\(e\) Activation, Termination, and Human Operator

Interface.—Each system described in subsection \(a\)\(2\) shall

be designed so that—

\(1\) system design and human-machine interfaces are readily

understandable to trained human operators, including by

clearly disaggregating which actions human operators need to

perform and which actions the weapon system will perform;

\(2\) clear procedures exist for trained human operators to

activate, terminate, and disable all weapon system functions;

\(3\) the system provides timely feedback on system status,

including regarding the quality and sufficiency of the data

inputs relied upon, to human operators in real time or near-

real time; and

\(4\) adequate training, tactics, techniques, procedures, and

doctrine are available, reviewed on a quarterly basis, by

weapon system human operators and designated commanders to

understand the functioning, capabilities, and limitations of

the system's autonomy in realistic operational conditions.

\(f\) Degraded Communications Safeguard.—Any autonomous or

semi-autonomous weapon system that is, or is part of, an

unmanned platform shall be designed such that, in the event

of degraded or lost communications, the system does not

autonomously select and engage individual targets, specific

target groups, or general classes or specific types of

targets that have not been previously selected by an

authorized human operator.

\(g\) Continuous Monitoring.—The Secretary shall, in

coordination with the Director of Operational Test and

Evaluation, the Under Secretary of Defense for Research and

Engineering, and the appropriate Secretary of a military

department or Assistant Secretary for Special Operations and

Low-Intensity Conflict, establish and maintain procedures for

continuous monitoring of each system, to the greatest extent

possible, described in subsection \(a\)\(2\) to identify and

address circumstances in which changes to the system design

or operational environment require additional testing and

evaluation or legal review to provide sufficient confidence

that the system will continue—

\(1\) to function as intended;

\(2\) to avoid unintended engagements;

\(3\) to resist interference by unauthorized parties; and

\(4\) to remain compliant with relevant laws of the United

States, the Law of Armed Conflict, and international laws.

\(h\) Robust Artificial Intelligence Design.—For any system

described in subsection \(a\) that incorporates artificial

intelligence capabilities, such system shall be designed to

utilize robust artificial intelligence, in accordance with

the Responsible Artificial Intelligence Strategy and

Implementation Pathway so that the system is resilient in

real-world settings and against adversarial attacks and

spoofing.

SEC. 4. ADVANCED REVIEW AND APPROVAL AUTHORITY.

\(a\) General Requirement for Advanced Review.—With the

exception of systems described in subsection \(e\), the

Secretary shall ensure that each system described in section

3\(a\)\(2\) is approved in accordance with this section before

formal development and before fielding.

\(b\) Pre-development Review.—Before a decision to enter

formal development of a system described in subsection \(a\),

the Under Secretary of Defense for Policy, the Under

Secretary of Defense for Research and Engineering, and the

Vice Chairman of the Joint Chiefs of Staff shall jointly

verify that—

\(1\) the weapon system design incorporates the necessary

capabilities to allow a designated commander to exercise

ultimate discretion, judgment, and control over the use of

force in the envisioned planning, deployment, and use

processes for the weapon;

\(2\) the system is designed to complete engagements within a

designated timeframe and designated geographic area and

against a designated set of potential targets, as well as

other applicable parameters, consistent with designated

commander intentions, and if unable to do so, to terminate

use until additional human operator and commander evaluation

is completed before continuing the engagement;

\(3\) the combination of the system's design and concept of

use, including its target selection and engagement logic,

accounts for risks of armed conflict, including to civilians,

civilian populations, civilian objects, and other protected

entities, consistent with commander and human operator intent

and obligations under the Law of Armed Conflict,

or other relevant laws of the United States and international

laws;

\(4\) the system design, including system safety, anti-tamper

mechanisms, and cybersecurity, addresses and minimizes the

probability and consequences of failures;

\(5\) plans are in place for verification and validation and

test and evaluation to establish system reliability,

effectiveness, predictability of effects, and accuracy under

realistic conditions, including possible adversary actions,

interference, or unintended consequences;

\(6\) for systems incorporating artificial intelligence

capabilities, plans are in place to ensure consistency with

the Ethical Principles for Artificial Intelligence and the

Responsible Artificial Intelligence Strategy and

Implementation Pathway; and

\(7\) a thorough legal analysis, review, and risk assessment

of a system described in subsection \(a\) has been completed in

coordination with the General Counsel of the Department and

other relevant Department General Counsels and in accordance

with applicable directives governing the Defense Acquisition

System, the Department of Defense Law of War Program, the Law

of Armed Conflict, and other relevant laws of the United

States and international laws.

\(c\) Pre-fielding Review.—Before fielding a system

described in subsection \(a\), the Under Secretary of Defense

for Policy, the Under Secretary of Defense for Acquisition

and Sustainment, and the Vice Chairman of the Joint Chiefs of

Staff shall jointly verify that—

\(1\) system capabilities, human-machine interfaces,

doctrine, tactics, techniques, procedures, and training have

been demonstrated to allow a designated commander to exercise

ultimate discretion, control, and judgment over the use of

force and to use systems whose outcomes are sufficiently

accurate with thorough legal analysis in accordance with the

law of war, Law of Armed Conflict, applicable treaties,

weapon system safety rules, and rules of engagement

reasonably expected to be applicable;

\(2\) system safety, anti-tamper mechanisms, cyber

survivability, operational resilience, and cybersecurity

capabilities have been implemented to minimize the

probability and consequences of failures, including

unpredictable outcomes, and a monitoring protocol is in place

to identify and address changes in operational environment,

data inputs, and use that could contribute to such failures;

\(3\) verification and validation and test and evaluation

have—

\(A\) assessed system performance, capability, reliability,

risk margins, effectiveness, and suitability under realistic

conditions, including possible adversary actions,

interference, or unintended consequences; and

\(B\) have demonstrated that the system can be revised as

needed with sufficient rapidity to enable timely correction

of any unintended system behaviors that may be observed or

discovered during future system operations;

\(4\) adequate training, tactics, techniques, procedures, and

doctrine are available, quarterly reviewed, and used by

system operators and commanders to understand the

functioning, capabilities, and limitations of the system in

real world conditions;

\(5\) system design and human-machine interfaces are readily

understandable to trained human operators, provide

transparent feedback on system status, provide secure logging

to enable traceability, and provide clear procedures for

trained human operators to activate and terminate system

functions;

\(6\) for systems incorporating artificial intelligence

capabilities, the deployment and use of such capabilities in

the weapon system will be consistent with the Ethical

Principles for Artificial Intelligence, the Responsible

Artificial Intelligence Strategy and Implementation Pathway,

the Law of Armed Conflict, and other relevant laws of the

United States and international laws; and

\(7\) a legal review of the compliance of the weapon system

with the Defense Acquisition System, the Department of

Defense Law of War Program, the Law of Armed Conflict, and

other relevant laws of the United States and international

laws has been completed in coordination with the General

Counsel of the Department.

\(d\) Re-review of Modified Systems.—A system described in

subsection \(a\) that is a variant of an existing weapon system

previously approved through the review process under this

section shall not be covered by previous approval if changes

to the system algorithms, intended mission set, intended

operational environments, intended target sets, or expected

adversarial countermeasures materially differ from those

applicable to the previously approved weapon system. Such

systems shall require a new analysis, review, and risk

assessment before formal development and again before

fielding.

\(e\) Systems Not Requiring Advanced Review.—

\(1\) In general.—Except as provided in paragraph \(2\), the

advance review described in this section is not required for

weapon systems intended to be used in the following manners:

\(A\) Semi-autonomous weapon systems used to apply lethal or

non-lethal, kinetic or non-kinetic, force without capability

to function as an autonomous weapon system.

\(B\) Human operator-supervised autonomous weapon systems

used to select and engage materiel targets for local defense

to intercept attempted time-critical or saturation attacks

for—

\(i\) static defense of installations with personnel,

including networked defense where the autonomous weapon

system is not co-located with the installation; or

\(ii\) onboard or networked defense of platforms with onboard

personnel.

\(C\) Human operator-supervised autonomous weapon systems

used to select and engage materiel targets for purpose of

protecting remotely piloted or autonomous vehicles and

vessels.

\(D\) Autonomous weapon systems used to apply non-lethal,

non-kinetic force against materiel targets.

\(2\) Exception.—Paragraph \(1\) shall not apply to a weapon

system intended to be used in the manner described in

subparagraph \(B\) of such paragraph in a case in which the

engagement zone for the system encompasses densely populated

areas or essential civilian infrastructure. In such a case,

the weapon system shall undergo the advanced review described

in this section to certify that the system can effectively

distinguish between military targets and non-combatants or

civilian objects in high-clutter environments.

SEC. 5. ROLE OF THE CHIEF DIGITAL AND ARTIFICIAL

INTELLIGENCE OFFICER.

\(a\) Monitoring and Evaluation.—The Chief Digital and

Artificial Intelligence Officer shall monitor and evaluate

artificial intelligence capabilities in, and cybersecurity

for, autonomous and semi-autonomous weapon systems, and shall

advise the Secretary on such matters.

\(b\) Testable Requirements.—The Chief Digital and

Artificial Intelligence Officer shall, in collaboration with

the Under Secretary of Defense for Research and Engineering—

\(1\) formulate concrete, testable requirements for

implementing the Ethical Principles for Artificial

Intelligence and the Responsible Artificial Intelligence

Strategy and Implementation Pathway;

\(2\) establish policy and issue guidance on definitions of

requirements and testability for artificial intelligence-

enabled systems to implement and demonstrate adherence to the

Ethical Principles for Artificial Intelligence and the

Responsible Artificial Intelligence Strategy and

Implementation Pathway; and

\(3\) issue guidance on test and evaluation practices for

artificial intelligence capabilities in autonomous or semi-

autonomous weapon systems, which shall include an adversarial

assessment \(known as “red-team assessment”\) that evaluates

weapon system vulnerability to adversarial manipulation under

operationally realistic conditions.

\(c\) Common Tools and Infrastructure.—The Chief Digital and

Artificial Intelligence Officer shall coordinate with the

Under Secretary of Defense for Research and Engineering and

the Director of Operational Test and Evaluation on developing

and using common tools and infrastructure for test and

evaluation and verification and validation of artificial

intelligence capabilities in autonomous or semi-autonomous

weapon systems, including assurance benchmarks for

reliability, robustness, security, and human-machine team

performance.

SEC. 6. TESTING AND EVALUATION REQUIREMENTS.

\(a\) General Requirement.—The Secretary shall ensure that,

regardless of the acquisition pathway or testing and

evaluation oversight status for a weapon system, each system

described in section 3\(a\)\(2\) undergoes—

\(1\) rigorous hardware and software verification and

validation; and

\(2\) realistic system developmental and operational test and

evaluation, including analysis of unanticipated emergent

behavior.

\(b\) Specific Considerations.—Testing and evaluation of a

system under subsection \(a\)\(2\) may include testing on how

human operators respond to ensure they are provided with

enough time to exercise judgment and can reject or challenge

suggestions or recommendations.

\(c\) Specific Requirements.—Testing and evaluation of a

system under subsection \(a\) shall include the following:

\(1\) Verification that the system functions as anticipated

in realistic operational environments against adaptive

adversaries, including with realistic civilian presence,

activities, actions, and reactions, and are sufficiently

robust to minimize failures.

\(2\) For a system incorporating artificial intelligence

capabilities, rigorous developmental and operational test and

evaluation to verify and validate that the artificial

intelligence is robust according to design requirements.

\(3\) Testing to confirm that autonomy algorithms in systems

incorporating artificial intelligence capabilities can be

rapidly reprogrammed on new input data.

\(d\) Post-fielding Testing.—The Secretary shall ensure

that, after initial operational test and evaluation of a

system under subsection \(a\), as directed by the Director of

Operational Test and Evaluation—

\(1\) system data is collected and any further changes to the

system undergo appropriate verification and validation and

test and evaluation to ensure that critical safety features

have not been degraded;

\(2\) system software is tested using best-available

Department means and methods to validate that critical safety

features have not been degraded, and automated testing tools,

such as modeling and simulation, are used whenever feasible;

\(3\) any new or revised operating states or other relevant

changes in the system are identified and undergoes

appropriate and tailored additional test and evaluation to

characterize the system behavior in that new operating state;

and

\(4\) changes to the state transition matrix are evaluated to

determine whether they require whole system follow-on

operational test and evaluation.

\(e\) Iterative Cyber Testing.—The Secretary shall ensure

that hardware and software verification and validation of a

system under subsection \(a\) includes quarterly cyber test and

evaluation to verify that the system is resilient and

survivable in contested cyberspace.

\(f\) Role of the Director of Operational Test and

Evaluation.—Under this section, the Director of Operational

Test and Evaluation shall—

\(1\) oversee development of realistic operational test, risk

assessments, and evaluation standards for autonomous and

semi-autonomous weapon systems, including requirements for

data collection and standards for test and evaluation of any

changes to the system following initial operational test and

evaluation;

\(2\) evaluate whether autonomous and semi-autonomous weapon

systems under the Director's oversight have met standards

after being tested for rigorous verification, validation, and

evaluation in realistic operational conditions, including

potential adversary action, to ensure that the system is

robust to minimize failures;

\(3\) establish standards for data collection post-fielding

and monitoring and assessment by programs;

\(4\) establish and maintain a centralized repository for

reporting, collecting, and analyzing operational incidents,

weapon system failures, and unintended weapon system

behaviors;

\(5\) review and approve operational and live fire test plans

for autonomous and semi-autonomous weapon systems; and

\(6\) coordinate with the Under Secretary of Defense for

Research and Engineering and the appropriate Secretary of a

military department or Assistant Secretary for Low-Intensity

Conflict to provide for monitoring to identify and address

when changes to the system design or operational environment

require additional testing and evaluation to ensure that the

system is robust to minimize failures such as unintended

engagements with civilians and civilian infrastructure,

densely populated areas, and resist interference by

unauthorized parties.

SEC. 7. PROHIBITED USES OF ARTIFICIAL INTELLIGENCE.

\(a\) General Prohibition.—No covered artificial

intelligence capability may be used in any manner that

violates the Constitution of the United States, Federal law,

the Law of Armed Conflict, or international treaty or other

legal obligation of the United States, or in any manner that

poses an unacceptable level of risk to the safety of an

individual or the civil liberty of an individual.

\(b\) Specific Prohibitions.—

\(1\) In general.—No covered artificial intelligence

capability may be used with the intent, purpose, or outcome

of—

\(A\) profiling, targeting, tracking, monitoring, inferring,

or concluding based on the data points of activity of any

individual based solely on the exercise of rights protected

under the Constitution or Federal law, including freedom of

expression, association, and assembly;

\(B\) detecting, measuring, or inferring the emotional state

of any individual from data acquired about such individual,

including the support of the health of consenting personnel

of the Federal Government;

\(C\) inferring or determining an individual's religion,

ethnicity, race, sexual orientation, immigration status,

disability status, gender identity, or political identity;

\(D\) tracking, monitoring, or inferring the past, real-time,

or anticipated future location of any individual in the

United States, including using data acquired from commercial,

data brokers, data aggregators, or other third-party sources,

unless such acquisition and use is authorized pursuant to an

individualized judicial order, warrant, or otherwise required

by the Constitution or Federal law;

\(E\) aggregating or analyzing internal data or data acquired

from commercial, data brokers, data aggregators, or other

third-party sources, including but not limited to location

data, financial transaction data, communications metadata, or

biometric data, to accomplish any purpose prohibited under

paragraphs \(1\) through \(4\);

\(F\) removing a human from the chain of decisionmaking for

actions critical to informing and executing decisions by the

President, including initiating or terminating nuclear

weapons employment; or

\(G\) obtaining, receiving, or otherwise accessing, for a fee

or other consideration, any personal data of a United States

person from a data broker or other third-party source,

including any other governmental entity \(including State,

local, or Federal entities\) if such data was obtained by that

entity in a manner that would violate this subsection if

performed by the Department.

\(2\) Personal data.—For purposes of paragraph \(1\)\(G\), the

term “personal data”—

\(A\) means data, derived data, or any unique identifier that

is linked to, or is reasonably linkable to, an individual or

to an electronic device that is linked to, or is reasonably

linkable to, one or more individuals in a household;

\(B\) includes anonymized data that, if combined with other

data, can be linked to, or is reasonably linkable to, an

individual or to an electronic device that identifies, is

linked to, or is reasonably linkable to one or more

individuals in a household; and

\(C\) does not include data that is lawfully available

through Federal, State, or local government records or

through widely distributed media; and

\(c\) Applicability.—The prohibitions in this section shall

apply to all activities of the Department, including

operational planning, logistics, intelligence analysis, and

operational support to any other agencies or military

personnel, regardless of status of deployment. In any case in

which the Department shares systems, data, or analytical

products derived from a covered artificial intelligence

capability or protected data \(as described in subsection

\(b\)\(7\)\) with another department or agency of the Federal

Government, the receiving department or agency shall be

subject to the same prohibitions and requirements as the

Department with respect to the use, querying, or further

dissemination of such systems, data, or products. The

Secretary shall ensure that such department or agency is

notified of, and in compliance with, the restrictions under

this section.

\(d\) Joint Operations.—The prohibitions of this section

shall apply to any Departmental participation in joint task

forces, fusion centers, or interagency working groups,

regardless of which agency serves as the lead or providing

entity.

SEC. 8. WHISTLEBLOWER PROTECTIONS.

\(a\) Protections.—The Secretary shall update such

whistleblower protections as the Secretary considers

appropriate to clarify procedures for artificial intelligence

systems, which shall ensure that all personnel who develop,

assess, deploy, operate, or use artificial intelligence as a

component of a National Security System \(as defined in

section 3552\(b\) of title 44, United States Code\) or otherwise

for military or intelligence purposes can report concerns

about artificial intelligence, including concerns about

improperly harming civil liberties, privacy, safety, or

compliance with the requirements of this Act, to relevant

oversight officials.

\(b\) Compliance With Existing Law.—Updates to whistleblower

protections under subsection \(a\) shall be compliant with—

\(1\) section 1034 of title 10, United States Code, and its

implementation guidance under Department of Defense Directive

7050.06 \(relating to military whistleblower protection\);

\(2\) section 2302 of title 5, United States Code;

\(3\) title VI of the Intelligence Authorization Act of

Fiscal Year 2014 \(Public Law 113-126; 128 Stat. 1414\) and the

amendments made by such title; and

\(4\) section 4701 of title 10, United States Code.

\(c\) Anonymity.—

\(1\) In general.—The Secretary shall ensure that adequate

and special procedures exist to receive, investigate, respond

to, and redress complaints anonymously, when appropriate, and

that reports may be made confidentially so that personnel may

raise concerns without fear of reprisal for any disclosures

related to artificial intelligence.

\(2\) Exception.—Confidentiality under paragraph \(1\) shall

not extend to significant misconduct, including violations of

law or government ethics, or when otherwise precluded by law.

\(d\) Investigation and Corrective Action.—The Secretary

shall ensure that adequate and special procedures exist for

reporting incidents of artificial intelligence misuse,

investigations of reported incidents, and processes for

taking corrective actions.

SEC. 9. REPORTING REQUIREMENTS.

\(a\) Semiannual Report on Artificial Intelligence Use

Cases.—Not later than six months after the date of the

enactment of this Act, and semiannually thereafter, the

Secretary shall submit to the appropriate committees of

Congress a report containing the following:

\(1\) A description of exemplary use cases of artificial

intelligence within the Department during the preceding year,

identifying best practices, failure modes, and risk

mitigation strategies employed.

\(2\) After-action reports on significant operational use of

covered artificial intelligence capabilities during the

preceding year, including—

\(A\) an assessment of system performance and effectiveness

of human oversight;

\(B\) any identified risks or failure modes;

\(C\) a detailed accounting of any critical incidents,

including incidents resulting in civilian casualties or

injuries, damage to civilian objects or protected

infrastructure, or other unintended effects inconsistent with

the Law of Armed Conflict; and

\(D\) recommendations for improvements to human oversight,

system safeguards, and the mitigation of future civilian

harm.

\(3\) A description of training provided to human operators

of autonomous and semi-autonomous weapon systems and other

artificial intelligence capabilities covered by this Act,

including documentation on employment procedures and

responsible retirement of systems.

\(b\) Annual Report on Infrastructure and Barriers.—Not

later than 180 days after the date of the enactment of this

Act, and annually thereafter, the Secretary shall submit to

the appropriate committees of Congress a report identifying—

\(1\) any significant barriers to the responsible development

and deployment of artificial intelligence within the

Department;

\(2\) gaps in infrastructure required to support

traceability, auditability, risk analysis, and forensics for

artificial intelligence capabilities covered by this Act; and

\(3\) recommended hardware, software, or other infrastructure

needs necessary to fulfill the requirements of this Act.

\(c\) Semiannual Report on Compliance for Fielded Systems.—

Not later than six months after the date of the enactment of

this Act, and semiannually thereafter, the Secretary shall

submit to the appropriate committees of Congress a report

identifying—

\(1\) each fielded system for which compliance under this Act

cannot be certified, with a description of the specific

requirement or requirements with which the system does not

comply;

\(2\) the operational or national security legal

justification, if any, for the continued fielding of each

such non-compliant system; and

\(3\) a remediation plan and timeline for bringing each such

system into compliance or, if compliance is not practicable,

a plan for the responsible retirement or modification of the

system.

SEC. \_\_10. EXCEPTIONS.

\(a\) Cyberspace Capabilities.—The requirements of sections

3, 4, 5, and 7 shall not apply to autonomous or

semi-autonomous cyberspace capabilities.

\(b\) Unarmed Platforms.—The requirements of sections 3,

4, 5, and 7 shall not apply to unarmed platforms,

whether remotely operated or operated by onboard personnel,

and whether autonomous or semi-autonomous.

\(c\) Time-critical Defensive Systems.—In cases where the

time available between threat detection and required

intercept is insufficient to allow for individual human

authorization of each engagement and provided that such

operations do not have death or serious bodily harm to any

person as a reasonably foreseeable consequence, the

requirements of sections 3, 4, 5, and 7 shall not

apply to—

\(1\) systems employed exclusively for the defense against

incoming munitions, rockets, artillery, mortars, missiles; or

\(2\) unmanned aircraft systems.

\(d\) Other Excluded Systems.—The requirements of sections

3, 4, 5, and 7 shall not apply to—

\(1\) unguided munitions;

\(2\) munitions manually guided by the human operator, such

as laser- or wire-guided munitions;

\(3\) mines;

\(4\) unexploded explosive ordnance; or

\(5\) autonomous or semi-autonomous systems that are not

weapon systems.

\(e\) Identification Systems.—The requirements of sections

3, 4, 5, and 7 shall not apply to a system

described in section 3\(a\)\(2\) with the sole purpose and

outcome of identifying potential targets without further

intervention by or communication with a human operator.

SEC. \_\_11. EFFECTIVE DATE; REVIEW OF SYSTEMS CURRENTLY IN

USE.

\(a\) In General.—This subtitle shall take effect on the

date that is 180 days after the date of the enactment of this

Act.

\(b\) Review of Systems Currently in Use.—

\(1\) In general.—Not later than 180 days after the

effective date set forth in subsection \(a\), the Secretary

shall conduct a review of all systems described in section

3\(a\)\(2\) that are in use by the Department as of such

effective date.

\(2\) Attestation.—Upon completion of the review required

under paragraph \(1\), the Secretary shall submit to the

appropriate committees of Congress a written attestation

identifying, for each reviewed system, whether the system is

compliant with the requirements of sections 3, 4, 5,

and 7.

\(3\) Noncompliant systems.—For any system that the

Secretary cannot attest is in compliance with sections 3,

4, 5, and 7, the Secretary shall immediately cease

all use of such system and, concurrent with the attestation

required under paragraph \(2\), submit to appropriate

committees of Congress a remediation plan that includes—

\(A\) a description of the specific requirement or

requirements with which the system does not comply;

\(B\) an operational or national security justification, if

any, for continued use of the system pending remediation; and

\(C\) a timeline for bringing the system into compliance or,

if compliance is not practicable, for the responsible

retirement or modification of the system.

SA 5969. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1050. REPORT ON REQUIREMENTS FOR CASUALTY NOTIFICATION

OFFICERS AND CASUALTY ASSISTANCE OFFICERS.

\(a\) In General.—Not later than 180 days after the date of

the enactment of this Act, the Deputy Secretary of Defense,

working in conjunction with the Secretaries of the military

departments, shall submit to the Committees on Armed Services

of the Senate and the House of Representatives a report

assessing policies, training requirements, and certification

standards governing the casualty notification officers and

casualty assistance officers of each Armed Force.

\(b\) Elements.—The report required by subsection \(a\)

shall—

\(1\) identify opportunities to improve training,

standardization, and oversight of officers described in that

subsection; and

\(2\) make recommendations with respect to mechanisms for the

Department of Defense to solicit and receive voluntary

feedback from surviving family members to help inform

continuous improvement of casualty notification and

assistance programs.

SA 5970. Mr. SCHIFF \(for himself, Mr. Cramer, and Mr. Wyden\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF

THE NAMES OF THE LOST CREW MEMBERS OF THE USS

FRANK E. EVANS KILLED ON JUNE 3, 1969.

\(a\) In General.—Not later than 1 year after the date of

enactment of this Act, the Secretary of Defense shall

authorize the inclusion on the Vietnam Veterans Memorial Wall

in the District of Columbia of the names of the 74 crew

members of the USS Frank E. Evans killed on June 3, 1969.

\(b\) Required Consultation.—The Secretary of Defense shall

consult with the Secretary of the Interior, the Vietnam

Veterans Memorial Fund, and other applicable authorities with

respect to any adjustments to the nomenclature and placement

of names pursuant to subsection \(a\) to address any space

limitations on the placement of additional names on the

Vietnam Veterans Memorial Wall.

\(c\) Nonapplicability of Commemorative Works Act.—Chapter

89 of title 40, United States Code \(commonly known as the

“Commemorative Works Act”\), shall not apply to any

activities carried out under subsection \(a\) or \(b\).

SA 5971. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1078.

SA 5972. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III, insert the

following:

SEC. 3\_\_. LIMITATIONS AND REQUIREMENTS RELATING TO OFFSHORE

WIND ENERGY PROJECTS.

\(a\) Limitation on Reversal of Prior Approval.—

\(1\) In general.—Notwithstanding any other provision of

law, the Secretary of Defense may not object to, pause, or

recommend the suspension or revocation of any lease,

easement, right-of-way, or construction and operations plan

for an offshore wind energy project under the Outer

Continental Shelf Lands Act \(43 U.S.C. 1331 et seq.\) if the

Secretary previously concurred with, signed off on, or found

no unmitigable adverse impact for such project during the

initial Federal environmental or regulatory review process.

\(2\) Unmitigable adverse impacts.—An unmitigable adverse

impact under paragraph \(1\) shall not include radar clutter or

operational inconveniences that can be reasonably

accommodated through software filtering, data-sharing

agreements, or any other reasonable mitigation measures.

\(b\) Requirements for New or Revised National Security

Objections.—The Secretary of Defense may not issue an

objection regarding the impact of a new offshore wind energy

project on operations of the Armed

Forces, radar systems, or national security unless the

Secretary first submits to the appropriate committees of

Congress a report containing the following:

\(1\) An unclassified summary of the specific, newly

emergent, and quantifiable threat of such project to national

security or readiness of the Armed Forces.

\(2\) Material and scientific evidence demonstrating that the

specific radar interference, target masking, or operational

conflict cannot be resolved through alternative deployment

strategies of the Armed Forces.

\(3\) A certified cost-benefit analysis comparing the stated

risk to national security against the economic impact of

project cancellation and the risk to energy grid resilience

in the United States.

\(c\) Mandatory Mitigation Collaboration.—The Secretary of

Defense may not finalize an objection to or halt an offshore

wind energy project unless—

\(1\) the Secretary and the developer for such project have

engaged in a good-faith negotiation period of not less than

180 days to implement technical mitigations; and

\(2\) the Secretary demonstrates that all available technical

mitigations are technically unfeasible.

\(d\) 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

Energy and Natural Resources of the Senate; and

\(2\) the Committee on Armed Services and the Committee on

Natural Resources of the House of Representatives.

SA 5973. Mr. COONS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. REAUTHORIZATION OF TROPICAL FOREST AND CORAL REEF

CONSERVATION ACT OF 1998.

Section 806\(d\) of the Tropical Forest and Coral Reef

Conservation Act of 1998 \(22 U.S.C. 2431d\(d\)\) is amended by

adding at the end the following new paragraphs:

“\(14\) $20,000,000 for fiscal year 2028.

“\(15\) $20,000,000 for fiscal year 2029.

“\(16\) $20,000,000 for fiscal year 2030.

“\(17\) $20,000,000 for fiscal year 2031.

“\(18\) $20,000,000 for fiscal year 2032.”.

SA 5974. Mr. COONS \(for himself and Mr. Ricketts\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 F—Energy Security Pacts Act

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the “Energy Security Pacts

Act”.

SEC. 1282. DEFINITIONS.

In this subtitle:

\(1\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Foreign Relations and the Committee on

Appropriations of the Senate; and

\(B\) the Committee on Foreign Affairs and the Committee on

Appropriations of the House of Representatives.

\(2\) Council agency.—The term “council agency” means a

department, agency, or organization described in section

1286\(c\).

\(3\) Critical mineral.—The term “critical mineral” means

any mineral on the list of critical minerals required by

section 7002\(c\)\(3\) of the Energy Act of 2020 \(30 U.S.C.

1606\(c\)\(3\)\) on or after January 1, 2026.

\(4\) Director for energy security pacts.—The term

“Director for Energy Security Pacts” means the Director for

Energy Security Pacts described in section 1284.

\(5\) Energy security pact.—The term “Energy Security

Pact” means an Energy Security Pact described in section

1283.

\(6\) Energy security pacts council.—The term “Energy

Security Pacts Council” means the Energy Security Pacts

Council established under section 1286.

\(7\) Partner country.—The term “partner country” means a

country eligible for participation in an Energy Security

Pact.

\(8\) Reliable access to energy or electricity.—The term

“reliable access to energy or electricity” means access to

energy or electricity that enables the electric system to

consistently meet demand through a combination of generation,

forecasting, storage, and grid management tools available

across all resources and technologies.

\(9\) Secretary.—The term “Secretary” means the Secretary

of State.

\(10\) Senior united states government official.—The term

“senior United States Government official” means—

\(A\) any individual serving in a position at level I of the

Executive Schedule under section 5312 of title 5, United

States Code; and

\(B\) any individual serving as a presidential special envoy.

\(11\) Under secretary.—The term “Under Secretary” means

the Under Secretary of State for Economic Growth, Energy, and

the Environment.

SEC. 1283. AUTHORITY FOR ENERGY SECURITY PACTS.

\(a\) In General.—The Secretary may carry out an initiative

to establish multiyear agreements, to be known as “Energy

Security Pacts”, with partner countries for the purpose of

enhancing the energy and economic security and stability of

the United States and partner countries, including through

efforts to counter economic coercion through the

diversification of critical mineral and energy supply chains.

\(b\) Assistance for the Development and Implementation of

Pacts.—The Director for Energy Security Pacts may—

\(1\) enter into contracts for required technical support

related to Energy Security Pacts;

\(2\) make grants to partner countries that meet eligibility

requirements for United States foreign assistance for the

purpose of building the administrative or technical capacity

necessary to facilitate the development and implementation of

an Energy Security Pact between the United States and such

country; and

\(3\) lead Country Pact Teams, in accordance with section

1284\(c\), to carry out the implementation of Energy Security

Pacts.

\(c\) Limitations and Conditions.—

\(1\) Prohibition on military assistance and training.—

Assistance under this section may not include military

assistance or military training for a country.

\(2\) Condition on assistance relating to american

competitiveness or production displacement.—Prior to funding

a project pursuant to an Energy Security Pact, the Secretary,

in consultation with other relevant departments and agencies,

should conduct an assessment on whether the proposed project

would undermine the competitiveness or displace production of

relevant domestic suppliers.

\(3\) Prohibition on assistance relating to environmental,

health, or safety hazards.—Assistance under this section may

not be provided for any project that is likely to cause a

significant environmental, health, or safety hazard.

\(4\) Foreign aid transparency and accountability act

compliance.—None of the funds authorized to be appropriated

or otherwise made available to carry out this subtitle may be

obligated or expended for an Energy Security Pact unless the

Secretary complies with the requirements of section 4 of the

Foreign Aid Transparency and Accountability Act of 2016 \(22

U.S.C. 2394c\) with respect to the Pact and all activities

associated with the Pact.

\(5\) Prohibition on assistance for certain entities.—None

of the funds authorized to be appropriated or otherwise made

available to carry out this subtitle may be obligated or

expended to provide any grant, contract, or other financial

assistance to an entity in which a senior United States

Government official or an immediate family member \(as defined

in section 1128\(j\) of the Social Security Act \(42 U.S.C.

1320a-7\(j\)\)\) of such official holds any ownership interest or

serves in any managerial, officer, director, or board

capacity.

\(6\) Other prohibition.—Assistance under this section may

not be used in any manner otherwise prohibited by any

provision of law.

SEC. 1284. DIRECTOR OF ENERGY SECURITY PACTS.

\(a\) Director for Energy Security Pacts.—

\(1\) In general.—The activities described in this subtitle

may be led by a Director for Energy Security Pacts, who may

be—

\(A\) appointed by the Secretary; and

\(B\) responsible—

\(i\) to the Under Secretary for all matters pertaining to

the administration and implementation of Energy Security

Pacts; and

\(ii\) for such other related duties as the Secretary may

from time to time designate.

\(2\) Responsibilities.—In addition to the responsibilities

described in paragraph \(1\), the Director for Energy Security

Pacts should be responsible for supporting the coordination

and implementation of the Energy Security Pacts Council,

including for matters pertaining to the following:

\(A\) Leading the development, negotiation, and management of

Energy Security Pacts.

\(B\) Consulting and coordinating with council agencies to

develop prospective Energy Security Pacts and implement

ongoing Energy Security Pacts, as appropriate.

\(C\) Serving as the recipient for—

\(i\) solicited proposals under Energy Security Pacts; and

\(ii\) unsolicited proposals for projects to be considered

for inclusion in any Energy Security Pact by national,

regional, and local governments and private corporations.

\(D\) Signing interagency agreements from departments,

agencies, or independent establishments of the United States

Government on behalf of the Department of State \(with the

consent of the head of such department, agency, or

establishment\) for the purpose of developing, implementing,

or otherwise participating in an Energy Security Pact.

\(E\) Coordinating with other donor entities, including

countries that are allies and partners of the United States,

the Forum on Resource Geostrategic Engagement of the

Department of State, and other multilateral fora, for

purposes of deconflicting, augmenting, and leveraging, as

appropriate, Energy Security Pact workplans with the

development and financing activities performed by others.

\(3\) Annual report required.—Not less frequently than

annually until the date that is 5 years after the date of the

enactment of this Act, the Director for Energy Security Pacts

shall submit to the appropriate congressional committees, the

Executive Office of the President, the National Security

Council, and the Secretary a report describing—

\(A\) the current status and expenditures of activities

authorized under this subtitle;

\(B\) any obstacles to the implementation of such activities;

and

\(C\) any updates to the multiyear financial plan developed

pursuant to section 1285\(d\)\(G\).

\(b\) Country Pact Teams.—

\(1\) In general.—The Secretary, in consultation with the

Under Secretary and relevant Federal departments and

agencies, may designate a Country Pact Team for each Energy

Security Pact.

\(2\) Leadership; duties.—Each Country Pact Team shall—

\(A\) be led by the Director for Energy Security Pacts, who

may regularly engage with the Energy Security Pacts Council

on matters related to the Energy Security Pact; and

\(B\) manage the day-to-day activities related to the

development, negotiation, implementation, and monitoring of

the Pact.

\(c\) Personnel.—

\(1\) In general.—The Under Secretary or the Under

Secretary's designee may—

\(A\) upon request from the heads of relevant Federal

departments and agencies, detail staff, on a reimbursable

basis, to heads of council agencies with relevant sectoral,

financial, or regional expertise for the express purpose of

supporting the negotiation or implementation of an Energy

Security Pact;

\(B\) request from the heads of council agencies the detail

of personnel to the Director of Energy Security Pacts with

relevant sectoral, financial, or regional expertise, on a

reimbursable basis, for the express purpose of supporting the

negotiation or implementation of an Energy Security Pact; and

\(C\) appoint, without regard to the provisions of sections

3309 through 3318 of title 5, United States Code, candidates

directly to positions in the competitive service, as defined

in section 2102 of that title.

\(2\) Detailed employees.—Any employee detailed pursuant to

a request made under paragraph \(1\)\(A\) shall remain, for the

purpose of preserving such employee's allowances, privileges,

rights, seniority, and other benefits, an employee of the

agency from which detailed.

\(d\) Termination.—

\(1\) New energy security pacts.—The authority to enter into

new Energy Security Pacts shall terminate on the date that is

15 years after the date of the enactment of this Act.

\(2\) Director; council.—The position of Director for Energy

Security Pacts and the Energy Security Pacts Council shall

terminate 30 days after the final Energy Security Pact

expires.

\(e\) Reports.—Not later than 180 days after the date of the

enactment of this Act, the Under Secretary shall submit to

the appropriate congressional committees a report that

contains plans to attract and retain diplomatic, policy,

legal, and technical expertise for civil service officers to

work with the Director of Energy Security Pacts, including

career promotion tracks to supervisory and non-supervisory

GS-15 positions.

SEC. 1285. APPROVAL, ELIGIBILITY, AND ELEMENTS OF ENERGY

SECURITY PACTS.

\(a\) Goal.—It shall be the goal of each Energy Security

Pact to increase reliable access to energy or electricity for

the United States and the partner country to the Energy

Security Pact, for the purpose of stimulating economic

growth, promoting United States mineral production where

possible, enabling follow-on private sector investment,

supporting the commercial competitiveness of United States

companies, or diversifying relevant supply chains.

\(b\) Initial Requirements.—

\(1\) Recommendation; analysis.—Before entering into an

Energy Security Pact—

\(A\) the Pact shall be recommended by the Director for

Energy Security Pacts and the Under Secretary and approved by

the Secretary, after consultation with the United States

Ambassador, or in the absence of an Ambassador, the Charge

d'Affaires, for the partner country; and

\(B\) the Director for Energy Security Pacts, in

collaboration with the Energy Security Pacts Council and the

partner country, shall conduct a constraints analysis that—

\(i\) identifies insufficiencies in the energy sector and

supply-chain segments needed to strengthen the partner

country's energy security, consistent with United States

energy security risks and commercial opportunities; and

\(ii\) includes an assessment of the partner country's

ability to address shared critical mineral supply chain

vulnerabilities.

\(2\) Congressional notification.—Not later than 30 days

before entering into an Energy Security Pact, the Director

for Energy Security Pacts shall—

\(A\) notify and consult with the appropriate congressional

committees regarding such Pact;

\(B\) transmit to the appropriate congressional committees

the text of such Pact and additional documentation that

describes the implementation of such Pact; and

\(C\) provide to the appropriate congressional committees an

in-person briefing regarding such Pact.

\(c\) Eligibility.—A country is eligible for participation

in an Energy Security Pact if—

\(1\)\(A\) the per capita income of the country is not greater

than the World Bank's loan threshold; or

\(B\) at the beginning of the year in which negotiations are

initiated, the country is eligible for support from the World

Bank's International Bank for Reconstruction and Development

or International Development Association graduation process;

and

\(2\)\(A\) the country has deposits of critical minerals

strategically or commercially important for the United

States; or

\(B\) United States adversary encroachment into the country's

energy system poses a threat to the national security of the

United States; and

\(3\) the country is not a covered nation \(as defined in

section 4872\(f\) of title 10, United States Code\).

\(d\) Energy Security Pact Elements.—

\(1\) In general.—Each Energy Security Pact shall contain

the following:

\(A\) The constraints analysis conducted under subsection

\(b\)\(1\)\(B\).

\(B\) A demonstrated effort to integrate the national

economic development strategy of the partner country.

\(C\) Specific objectives that the partner country and the

United States expect to achieve during the term of the Energy

Security Pact, including—

\(i\) increased energy production, reliability, and

affordability in the partner country;

\(ii\) economic growth in the partner country that may reduce

the need for foreign assistance;

\(iii\) improved access to energy, in consultation with

affected communities and civil society; and

\(iv\) improved infrastructure that enables access to

critical minerals mining and processing.

\(D\) The responsibilities of the partner country and the

United States in the achievement of such objectives.

\(E\) Regular quantitative benchmarks to measure, as

appropriate, progress toward achieving such objectives.

\(F\) An identification of the intended impact of the

activities carried out in accordance with the Energy Security

Pact.

\(G\) A multiyear financial plan, updated annually until the

expiration of the term of the Energy Security Pact, that—

\(i\) estimates the amount of contributions, commitments, and

other participation to be provided by council agencies, the

partner country, multilateral development banks, and other

development finance institutions as applicable;

\(ii\) ensures that the Pact incorporates and is

complementary to development programs administered by other

Federal departments and agencies, so that United States funds

are used to improve feasibility for private sector investment

to further development goals;

\(iii\) identifies proposed mechanisms to implement the plan

and provide oversight of the plan; and

\(iv\) describes how the requirements described in this

subsection will be met, including the role of the private

sector in the achievement of such requirements.

\(H\) As appropriate, a description of the current and

potential participation of other donors, including council

agencies or countries that are allies and partners of the

United States, in the achievement of the objectives described

in subparagraph \(C\).

\(I\) A description of how oversight and transparency of the

foreign assistance provided through the Energy Security Pact

will be maintained.

\(J\) As appropriate, a process or processes for

considering—

\(i\) solicited proposals under the Energy Security Pact; and

\(ii\) unsolicited proposals by national, regional, and local

governments and private corporations.

\(K\) A requirement that open, fair, competitive, and

transparent procedures are used in the administration of

grants or cooperative agreements or the procurement of goods

and services for the accomplishment of objectives under the

Energy Security Pact.

\(L\) The strategy of the partner country to sustain progress

made toward achieving the objectives described in

subparagraph \(C\) after expiration of the Energy Security

Pact.

\(M\) A description of the role of council agencies in any

design, implementation, and monitoring of programs and

activities funded through the Energy Security Pact.

\(N\) A description of any contribution, as appropriate, from

the partner country relative to its national budget and

taking into account the prevailing economic conditions,

toward meeting the objectives described in subparagraph \(C\).

\(2\) Prohibition on taxation.—In addition to the elements

described in paragraph \(1\), each Energy Security Pact shall

contain a provision stating that assistance provided by the

United States under the Energy Security Pact shall be exempt

from taxation by the government of the partner country.

\(3\) Energy sources.—An Energy Security Pact shall not

exclude, as a matter of policy,

any specific type of energy or power generation.

\(e\) Notification Regarding Increase or Extension of

Assistance.—Not later than 30 days after making a

determination and before distributing funds to increase or

extend assistance under an Energy Security Pact with a

partner country, the Secretary shall submit to the

appropriate congressional committees a written notification

that contains the following:

\(1\) A justification for the determination.

\(2\) A detailed summary of the proposed increase in, or

extension of, assistance under the Energy Security Pact.

\(3\) A copy of the full text of the amendment to the Energy

Security Pact.

\(f\) Duration.—The duration of an Energy Security Pact

shall not exceed 10 years.

\(g\) Subsequent and Concurrent Pacts.—A partner country

that has entered into, and has in effect, an Energy Security

Pact may enter into, and concurrently have in effect, not

more than one additional Energy Security Pact.

\(h\) Rule of Construction.—Nothing in this section shall be

construed to alter, supersede, or otherwise affect any

authorities, restrictions, or eligibility requirements

existing on the date of the enactment of this Act applicable

to foreign assistance programs administered by any Federal

department or agency, including determinations regarding the

eligibility of countries for such assistance made pursuant to

the Foreign Assistance Act of 1961 \(22 U.S.C. 2151 et seq.\)

or any other provision of law.

SEC. 1286. ENERGY SECURITY PACTS COUNCIL.

\(a\) Establishment.—Not later than 90 days after the date

of the enactment of this Act, the President should establish

an Energy Security Pacts Council \(referred to in this section

as the “Council”\) to coordinate and implement Energy

Security Pacts.

\(b\) Chairperson.—The Council may be chaired by the

Secretary.

\(c\) Composition.—The Council may be composed of principal

officers of executive departments from the following

departments and agencies:

\(1\) The United States International Development Finance

Corporation.

\(2\) The Department of Energy.

\(3\) The United States Trade and Development Agency.

\(4\) The Export-Import Bank of the United States.

\(5\) The Department of Commerce.

\(6\) The United States Trade Representative.

\(7\) The Department of Defense.

\(8\) The Department of State.

\(9\) The Department of the Treasury.

\(10\) The Millennium Challenge Corporation.

\(11\) The Department of the Interior.

\(12\) Any other Federal department, agency, or organization

that the President determines to be appropriate.

\(d\) Vacancies.—When there is a vacancy in the office of a

principal officer of an executive department, the individual

acting in the capacity of principal officer shall serve as a

member of the Council until a new principal officer of the

executive department is appointed.

\(e\) Designation.—The principal officer of an executive

department may designate a senior official of such department

to serve on the Council, as appropriate.

\(f\) Meetings.—The Council should meet not less frequently

than quarterly.

\(g\) Duties.—The Council should—

\(1\) coordinate Energy Security Pact-related activities of

the council agencies;

\(2\) make annual recommendations to the Director for Energy

Security Pacts, taking into account the stated priorities of

the National Security Council and the President, regarding

the prioritization of countries eligible for Energy Security

Pact negotiation; and

\(3\) make recommendations to improve interagency

collaboration for purposes of promoting energy security and

United States national security interests abroad.

\(h\) Sunshine Act Compliance.—Meetings of the Council are

subject to section 552b of title 5, United States Code

\(commonly referred to as the “Government in the Sunshine

Act”\).

SEC. 1287. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.

Not later than 2 years after the date of the enactment of

this Act, and annually thereafter until the final Energy

Security Pact expires, the Comptroller General of the United

States shall submit to Congress an evaluation of the

efficiency and development impact of projects supported by an

Energy Security Pact.

SA 5975. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . OFFENSES INVOLVING ESPIONAGE.

\(a\) In General.—Chapter 213 of title 18, United States

Code, is amended by adding at the end the following:

“Sec. 3302. Espionage offenses

“Notwithstanding any other provision of law, an indictment

may be found or an information may be instituted at any time

without limitation for a violation of section 794 or a

conspiracy to violate such section.”.

\(b\) Clerical Amendment.—The table of sections for chapter

213 of title 18, United States Code, is amended by adding at

- the end the following:
- “3302. Espionage offenses.”.

\(c\) Conforming Amendment.—Section 19 of the Internal

Security Act of 1950 \(18 U.S.C. 792 note; 64 Stat. 1005\) is

amended by striking “, 793, or 794” and inserting “or

793”.

SA 5976. Mr. CORNYN \(for himself and Mr. Kaine\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 F—Legal Gold and Mining Partnership

SEC. 1271. SHORT TITLE.

This subtitle may be cited as the “United States Legal

Gold and Mining Partnership Act”.

SEC. 1272. FINDINGS.

Congress makes the following findings:

\(1\) The illicit mining, trafficking, and commercialization

of gold in the Western Hemisphere—

\(A\) negatively affects the region's economic and social

dynamics;

\(B\) strengthens transnational criminal organizations and

other international illicit actors; and

\(C\) has a deleterious impact on the environment, indigenous

peoples, and food security.

\(2\) A lack of economic opportunities and the weak rule of

law promote illicit activities, such as illicit gold mining,

which increases the vulnerability of individuals in mining

areas, including indigenous communities, which have been

subjected to trafficking in persons, other human rights

abuses, and population displacement in relation to mining

activity, particularly in the artisanal and small-scale

mining sector.

\(3\) Illicit gold mining in Latin America often involves and

benefits transnational criminal organizations, drug

trafficking organizations, terrorist groups, and other

illegal armed groups that extort miners and enter into

illicit partnerships with them in order to gain revenue from

the illicit activity.

\(4\) Illicit gold supply chains are international in nature

and frequently involve—

\(A\) the smuggling of gold and supplies, such as mercury;

\(B\) trade-based money laundering; and

\(C\) other cross-border flows of illicit assets.

\(5\) In Latin America, mineral traders and exporters, local

processors, and shell companies linked to transnational

criminal networks and illegally armed groups all play a key

role in the trafficking, laundering, and commercialization of

illicit gold from the region.

\(6\) According to a report on illegally mined gold in Latin

America by the Global Initiative Against Transnational

Organized Crime—

\(A\) more than 70 percent of the gold mined in several Latin

American countries, such as Colombia, Ecuador, and Peru, is

mined through illicit means; and

\(B\) about 80 percent of the gold mined in Venezuela is

mined through illicit means and a large percentage of such

gold is sold—

\(i\) to Mibiturven, a joint venture operated by authorities

in Venezuela and composed of Minerven, a gold processor that

has been designated by the Office of Foreign Assets Control

of the Department of the Treasury, pursuant to Executive

Order 13850 \(relating to blocking property of additional

persons contributing to the situation in Venezuela\), and

Marilyns Proje Yatirim, S.A., which is a Turkish company; or

\(ii\) through other trafficking and commercialization

networks from which authorities in Venezuela benefit

financially.

\(7\) Illegal armed groups and foreign terrorist

organizations, such as the Ejercito de Liberacion Nacional

\(National Liberation Army—ELN\), work with transnational

criminal organizations in Venezuela that participate in the

illicit mining, trafficking, and commercialization of gold.

\(8\) Transnational criminal organizations based in

Venezuela, such as El Tren de Aragua, have expanded their

role in the illicit mining, trafficking, and

commercialization of gold to increase their criminal profits.

\(9\) Nicaragua's gold exports during 2023 were valued at an

estimated $1,240,000,000, of which—

\(A\) gold valued at an estimated $637,000,000 was shipped to

the United States;

\(B\) gold valued at an estimated $353,000,000 was shipped to

Canada;

\(C\) gold valued at an estimated $244,000,000 was shipped to

Switzerland; and

\(D\) gold valued at an estimated $6,560,000 was shipped to

Italy.

\(10\) U.S. Customs and Border Protection has recognized that

illegal logging is the

world's most profitable natural resource crime and that

profits from illegal logging finance illegal mining.

SEC. 1273. 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 the Judiciary of the Senate;

\(C\) the Committee on Banking, Housing, and Urban Affairs of

the Senate;

\(D\) the Select Committee on Intelligence of the Senate;

\(E\) the Committee on Foreign Affairs of the House of

Representatives;

\(F\) the Committee on the Judiciary of the House of

Representatives;

\(G\) the Committee on Financial Services of the House of

Representatives; and

\(H\) the Permanent Select Committee on Intelligence of the

House of Representatives.

\(2\) Artisanal and small-scale mining; asm.—The terms

“artisanal and small-scale mining” and “ASM” refer to a

form of mining common in the developing world that—

\(A\) typically employs rudimentary, simple, and low-cost

extractive technologies and manual labor-intensive

techniques;

\(B\) is frequently subject to limited regulation; and

\(C\) often features harsh and dangerous working conditions.

\(3\) Key stakeholders.—The term “key stakeholders” means

private sector organizations, industry representatives, and

civil society groups that represent communities in areas

affected by illicit mining and trafficking of gold, including

indigenous groups, that are committed to the implementation

of the Legal Gold and Mining Partnership Strategy.

\(4\) Legal gold and mining partnership strategy; strategy.—

The terms “Legal Gold and Mining Partnership Strategy” and

“Strategy” mean the strategy developed pursuant to section

1274.

\(5\) Relevant federal departments and agencies.—The term

“relevant Federal departments and agencies” means the

Department of State and all other Federal departments and

agencies designated by the President as having significant

domestic or foreign affairs equities in countering illicit

mining.

\(6\) Secretary.—The term “Secretary” means the Secretary

of State.

SEC. 1274. LEGAL GOLD AND MINING PARTNERSHIP STRATEGY.

\(a\) Strategy Required.—The Secretary, in coordination with

the heads of relevant Federal departments and agencies, shall

develop a comprehensive, multi-year strategy, which shall be

known as the Legal Gold and Mining Partnership Strategy, to

combat illicit gold mining in the Western Hemisphere.

\(b\) Elements.—The Strategy shall include policies,

programs, and initiatives—

\(1\) to interrupt the linkages between gold mining,

including ASM, and illicit actors that profit from illicit

mining in the Western Hemisphere;

\(2\) to deter ASM in environmentally protected areas, such

as national parks and conservation zones, to prevent mining-

related contamination of critical natural resources, such as

water resources, soil, tropical forests, and other flora and

fauna, and aerosol contamination linked to detrimental health

impacts;

\(3\) to counter the financing and enrichment of actors

involved in the illicit mining, trafficking, and

commercialization of gold, and the abetting of their

activities by—

\(A\) promoting the exercise of due diligence and the use of

responsible sourcing methods in the purchase and trade of

ASM;

\(B\) preventing and prohibiting foreign persons who control

commodity trading chains linked to illicit actors from

enjoying the benefits of access to the territory, markets or

financial system of the United States, and halting any such

ongoing activity by such foreign persons;

\(C\) combating related impunity afforded to illicit actors

by addressing corruption in government institutions and

interrupting linkages between corrupt officials and illicit

actors that exploit ASM miners;

\(D\) supporting the capacity of financial intelligence

units, customs agencies, and other government institutions

focused on anti-money laundering initiatives and combating

the financing of criminal activities and terrorism to

exercise oversight consistent with the threats posed by

illicit gold mining; and

\(E\) working with the governments and appropriate

institutions of countries that host gold refineries or

processing centers to deter the importation of illicit gold

and implement greater due diligence practices;

\(4\) to build the capacity of foreign civilian law

enforcement institutions in the Western Hemisphere to

effectively counter—

\(A\) linkages between illicit gold mining, illicit actors,

money laundering, and other financial crimes, including

trade-based money laundering;

\(B\) linkages between illicit gold mining, illicit actors,

trafficking in persons, and forced or coerced labor,

including sex work and child labor;

\(C\) linkages between illicit gold mining, illicit actors,

and the illegal timber trade;

\(D\) the cross-border trafficking of illicit gold, and the

mercury, cyanide, explosives, and other hazardous materials

used in illicit gold mining, particularly those originating

in China or trafficked by transnational criminal

organizations; and

\(E\) surveillance and investigation of illicit and related

activities that are related to or are indicators of illicit

gold mining activities;

\(5\) to ensure the successful implementation of the existing

Memoranda of Understanding signed with the Governments of

Peru and of Colombia in 2017 and 2018, respectively, to

expand bilateral cooperation to combat illicit gold mining;

\(6\) to work with governments in the Western Hemisphere,

bolster the effectiveness of anti-money laundering efforts to

combat the financing of illicit actors in Latin America and

the Caribbean and counter the laundering of proceeds related

to illicit gold mining by—

\(A\) fostering international and regional cooperation and

facilitating intelligence sharing, as appropriate, to

identify and disrupt financial flows related to the illicit

gold mining, trafficking, and commercialization of gold and

other minerals and illicit metals; and

\(B\) supporting the formulation of strategies to ensure the

compliance of reporting institutions involved in the mining

sector and to promote transparency in mining-sector

transactions;

\(7\) to support foreign government efforts—

\(A\) to facilitate licensing and formalization processes for

ASM miners;

\(B\) to develop mechanisms to support regulated cultural

artisanal mining and artisanal mining as a job growth area;

and

\(C\) to implement existing environmental standards;

\(8\) to engage the mining industry and relevant trade or

industry associations to encourage the building of technical

expertise in best practices and access to new technologies;

\(9\) to support the establishment of gold commodity supply

chain due diligence, responsible sourcing, tracing and

tracking capacities, and standards-compliant commodity

certification systems in countries in Latin America and the

Caribbean, including efforts recommended in the OECD Due

Diligence Guidance for Responsible Supply Chains of Minerals

from Conflict-Affected and High Risk Areas, Third Edition

\(2016\);

\(10\) to engage with civil society to reduce the negative

environmental impacts of ASM, particularly—

\(A\) the use of mercury in preliminary refining;

\(B\) the destruction of tropical forests;

\(C\) the construction of illegal and unregulated dams and

the resulting valley floods;

\(D\) the pollution of water resources and soil; and

\(E\) the release of dust, which can contain toxic chemicals

and heavy metals that can cause severe health problems;

\(11\) to aid and encourage ASM miners—

\(A\) to formalize their business activities, including

through skills training, technical and business assistance,

and access to financing, loans, and credit;

\(B\) to utilize mercury-free gold refining technologies and

mining methods that minimize deforestation, air pollution,

and water and soil contamination;

\(C\) to reduce the costs associated with formalization and

compliance with mining regulations; and

\(D\) to fully break away from the influence of illicit

actors who leverage the control of territory and use violence

to extort miners and push them into illicit arrangements;

\(12\) to interrupt the illicit gold trade in Nicaragua,

including through the use of targeted United States measures

against the government led by President Daniel Ortega and

Vice-President Rosario Murillo and their collaborators

pursuant to Executive Order 14088 \(relating to taking

additional steps to address the national emergency with

respect to the situation in Nicaragua\), which was issued on

October 24, 2022;

\(13\) to assist local journalists with investigations of

illicit mining, trafficking, and commercialization of gold

and its supplies in the Western Hemisphere;

\(14\) to promote responsible sourcing and due diligence at

all levels of gold supply chains, including through the use

of existing widely-adopted, industry-standard responsible

sourcing and due diligence standards;

\(15\) to engage the private sector to develop industry-led

global processing initiatives that aim to redirect illicit

gold flows away from bad actors; and

\(16\) to prevent the intentional misinvoicing of the origins

of gold shipments at transshipment points.

\(c\) Assessment of Challenges.—The Strategy shall include

an assessment of the challenges posed by, and policy

recommendations to address—

\(1\) linkages between ASM sector production and trade,

particularly relating to gold, to the activities of illicit

actors, including linkages that help to finance or enrich

such illicit actors or abet their activities;

\(2\) linkages between illicit or grey market trade, and

markets in gold and other metals or minerals and legal trade

and commerce in such commodities, notably with respect to

activities that abet the entry of such commodities into legal

commerce, including—

\(A\) illicit cross-border trafficking, including with

respect to goods, persons and illegal narcotics;

\(B\) money-laundering;

\(C\) the financing of illicit actors or their activities;

and

\(D\) the extralegal entry into the United States of—

\(i\) metals or minerals, whether of legal foreign origin or

not; and

\(ii\) the proceeds of such metals or minerals;

\(3\) linkages between the illicit mining, trafficking, and

commercialization of gold, diamonds, and precious metals and

stones, and the financial and political activities of

authorities in Venezuela;

\(4\) factors that—

\(A\) produce linkages between ASM miners and illicit actors,

prompting some ASM miners to utilize mining practices that

are environmentally damaging and unsustainable, notably

mining or related ore processing practices that—

\(i\) involve the use of elemental mercury; or

\(ii\) result in labor, health, environmental, and safety

code infractions and workplace hazards; and

\(B\) lead some ASM miners to operate in the extralegal or

poorly regulated informal sector, and often prevent such

miners from improving the socioeconomic status of themselves

and their families and communities, or hinder their ability

to formalize their operations, enhance their technical and

business capacities, and access finance of fair market prices

for their output;

\(5\) mining-related trafficking in persons and forced or

coerced labor, including sex work and child labor; and

\(6\) the use of elemental mercury and cyanide in ASM

operations, including the technical aims and scope of such

usage and its impact on human health and the environment,

including flora, fauna, water resources, soil, and air

quality.

\(d\) Foreign Assistance.—The Strategy shall describe—

\(1\) existing foreign assistance programs that address

elements of the Strategy; and

\(2\) additional foreign assistance resources needed to fully

implement the Strategy.

\(e\) Best Practices.—The Strategy shall, to the extent

practicable, avoid duplication of effort in the development

of due diligence and responsible sourcing standards,

including through the use of existing widely-adopted industry

standards.

\(f\) Submission.—Not later than 180 days after the date of

the enactment of this Act, the President shall submit the

Strategy to the appropriate congressional committees.

\(g\) Semiannual Briefings.—Not later than 180 days after

submission of the Strategy, and semiannually thereafter for

the following 3 years, the Secretary, or the Secretary's

designee, shall provide a briefing to the appropriate

congressional committees regarding—

\(1\) the implementation of the strategy, including efforts

to leverage international support and develop a public-

private partnership to build responsible gold value chains

with other governments;

\(2\) revisions to the Strategy that are needed to better

align the Strategy to new or emerging challenges in combating

illicit gold mining; and

\(3\) recommendations from the Strategy that can be applied

to combat illicit gold mining on a global scale.

SEC. 1275. CLASSIFIED BRIEFING ON ILLICIT GOLD MINING IN

VENEZUELA.

Not later than 90 days after the date of the enactment of

this Act, the Secretary, or the Secretary's designee, in

coordination with the Director of National Intelligence, or

the Director's designee, shall provide a classified briefing

to the appropriate congressional committees, the Select

Committee on Intelligence of the Senate, and the Permanent

Select Committee on Intelligence of the House of

Representatives that describes—

\(1\) the activities related to illicit gold mining,

including the illicit mining, trafficking, and

commercialization of gold, inside Venezuelan territory

carried out by illicit actors, including defectors from the

Revolutionary Armed Forces of Colombia \(FARC\) and members of

the National Liberation Army \(ELN\); and

\(2\) Venezuela's illicit gold trade with foreign

governments, including the Government of the Republic of

Turkey and the Government of the Islamic Republic of Iran.

SEC. 1276. INVESTIGATION OF THE ILLICIT GOLD TRADE IN

VENEZUELA.

The Secretary, in coordination with relevant Federal

departments and agencies, and allied and partner governments

in the Western Hemisphere, shall—

\(1\) lead a coordinated international effort to carry out

financial investigations to identify and track assets taken

from the people and institutions in Venezuela that are linked

to money laundering and illicit activities, including mining-

related activities, by sharing financial investigations

intelligence, as appropriate and as permitted by law; and

\(2\) provide technical assistance to help eligible

governments in Latin America establish legislative and

regulatory frameworks capable of imposing and effectively

implementing targeted sanctions on—

\(A\) authorities in Venezuela who are directly engaged in

the illicit mining, trafficking, and commercialization of

gold; and

\(B\) foreign persons engaged in the laundering of illicit

gold assets linked to designated terrorist and drug

trafficking organizations.

SEC. 1277. LEVERAGING INTERNATIONAL SUPPORT.

In implementing the Strategy pursuant to section 1274, the

President should direct United States representatives

accredited to relevant multilateral institutions and

development banks and United States ambassadors in the

Western Hemisphere to use the influence of the United States

to foster international cooperation to achieve the objectives

of this subtitle, including—

\(1\) marshaling resources and political support; and

\(2\) encouraging the development of policies and

consultation with key stakeholders to accomplish such

objectives and provisions.

SEC. 1278. PUBLIC-PRIVATE PARTNERSHIP TO BUILD RESPONSIBLE

GOLD VALUE CHAINS.

\(a\) In General.—The Secretary shall coordinate with the

Governments of Colombia, of Ecuador, of Peru, and of other

democratically-elected governments in the region determined

by the Secretary to establish a public-private partnership to

support programming in participating countries that will—

\(1\) support the ASM gold mining sector's formalization and

compliance with the existing environmental and labor

standards in participating countries;

\(2\) increase awareness of access to financing for ASM gold

miners who are taking significant steps to formalize their

operations and comply with the existing labor and

environmental standards in participating countries;

\(3\) enhance the traceability and support the establishment

of a certification process for ASM gold;

\(4\) support a public relations campaign to promote

responsibly-sourced gold;

\(5\) include representatives of local civil society to work

towards soliciting the free and informed consent of those

living on lands with mining potential;

\(6\) facilitate contact between vendors of responsibly-

sourced gold and United States companies; and

\(7\) promote policies and practices in participating

countries that are conducive to the formalization of ASM gold

mining and promoting adherence of ASM to internationally-

recognized best practices and standards.

SEC. 1279. RULE OF CONSTRUCTION REGARDING NOT AUTHORIZING THE

USE OF MILITARY FORCE.

Nothing in this subtitle may be construed as authorizing

the use of military force or the introduction of United

States forces into hostilities.

SEC. 1280. CONSIDERATION OF CERTAIN TRANSACTIONS INVOLVING

PRECIOUS METALS FOR PURPOSES OF IDENTIFYING

PRIMARY MONEY LAUNDERING CONCERNS.

Section 5318A\(c\)\(2\)\(A\) of title 31, United States Code, is

amended—

\(1\) in clause \(vi\), by striking “and” at the end;

\(2\) in clause \(vii\), by striking the period at the end and

inserting “; and”; and

\(3\) by adding at the end the following:

“\(viii\) the extent to which transnational criminal

organizations, drug trafficking organizations, terrorist

groups, and other illegal armed groups exploit that

jurisdiction to derive significant revenue through the

illicit mining or trafficking of precious metals.”.

SA 5977. Mr. MORENO \(for himself and Ms. Slotkin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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—CONNECTED VEHICLE SECURITY ACT OF 2026

SEC. 1701. SHORT TITLE.

This title may be cited as the “Connected Vehicle Security

Act of 2026”.

SEC. 1702. DEFINITIONS.

In this title:

\(1\) Automated driving system.—The term “automated driving

system” means hardware and software that, collectively, are

capable of performing the entire dynamic driving task for a

connected vehicle on a sustained basis, without human

intervention, regardless of whether it is limited to a

specific operational design domain.

\(2\) Connected vehicle.—

\(A\) In general.—Except as provided by subparagraph \(B\),

the term “connected vehicle” means a vehicle driven or

drawn by mechanical power and manufactured primarily for use

on public streets, roads, and highways, that—

\(i\)\(I\) integrates onboard networked hardware with

automotive software systems to communicate, at a radio

frequency over 450 megahertz, via dedicated short-range

communication, cellular telecommunications connectivity,

satellite communication, or other wireless spectrum

connectivity with any other network or device; or

\(II\) is designed, manufactured, or originally equipped to

communicate as described in clause \(i\), regardless of whether

such capability is enabled, disabled, or removed at the time

of importation, manufacture, sale, resale, or introduction of

the vehicle into interstate commerce in the United States;

and

\(ii\) has a gross vehicle weight rating of 4,536 kilograms

\(10,000 pounds\) or less.

\(B\) Exclusion.—The term “connected vehicle” does not

include a vehicle operated only on a rail line.

\(3\) Covered country.—The term “covered country” means—

\(A\) the Democratic People's Republic of North Korea;

\(B\) the People's Republic of China;

\(C\) the Russian Federation; and

\(D\) the Islamic Republic of Iran.

\(4\) Covered software.—

\(A\) In general.—The term “covered software”—

\(i\) means the software-based components installed in or on

a connected vehicle, or designed to be installed in or on a

connected vehicle, including application, middleware, and

system software, executed by the primary processing unit or

units of an item that directly enables the function of a

vehicle connectivity system or automated driving system at

the vehicle level; and

\(ii\) includes any machine-learning model or other

artificial intelligence component that directly enables, at

the vehicle level, decision-making or control of an automated

driving system.

\(B\) Exclusion.—The term “covered software” does not

include open-source software, except to the extent that such

software has been modified, adapted, customized, integrated,

distributed, maintained, or otherwise incorporated into a

software product by, on behalf of, or under the direction or

control of a foreign entity of concern.

\(5\) Electric vehicle battery.—The term “electric vehicle

battery” means a rechargeable battery designed to store and

supply electrical energy for the propulsion of a hybrid or

electric vehicle.

\(6\) Foreign entity of concern.—The term “foreign entity

of concern” means—

\(A\) any individual, wherever located, who—

\(i\) acts as an agent, representative, or employee, or acts

in any other capacity at the order, request, or under the

direction or control, of a covered country or of a person

whose activities are directly or indirectly supervised,

directed, controlled, financed, or subsidized in whole or in

majority part by a covered country; or

\(ii\) is a citizen or resident of a covered country or a

country controlled by a covered country, and is not a United

States citizen or alien lawfully admitted for permanent

residence in the United States; or

\(B\) an entity—

\(i\) with a principal place of business in, headquartered

in, incorporated in, or otherwise organized under the laws of

a covered country or a country controlled by a covered

country;

\(ii\) that is a subsidiary or affiliate of an entity

described in clause \(i\); or

\(iii\) wherever organized or doing business, that is owned

or controlled by a covered country, participating in a

partnership or joint venture with an individual described in

subparagraph \(A\) or an entity described in clause \(i\), or

subject to other circumstances in which such an individual or

entity, or combination of such individuals or entities,

possesses the power, direct or indirect, whether or not

exercised, through—

\(I\) ownership of a majority or a dominant minority of the

total outstanding voting or financial interest in the entity,

board representation, proxy voting, a special share,

contractual arrangements, formal or informal arrangements to

act in concert, or other means, to determine, direct, or

decide important matters affecting the entity;

\(II\) with respect to a manufacturer, developer, designer,

or supplier of a connected vehicle, ownership or control of

more than 15 percent of the total outstanding equity

interest, voting interest, board representation, or other

indicia of control;

\(III\) with respect to a manufacturer, developer, designer,

or supplier of covered software, ownership or control of more

than 25 percent of the total outstanding equity interest,

voting interest, board representation, or other indicia of

control; or

\(IV\) with respect to a manufacturer or supplier of vehicle

connectivity system hardware, ownership or control of more

than 25 percent of the total outstanding equity interest,

voting interest, board representation, or other indicia of

control.

\(7\) Importation.— The term “importation” has the meaning

given the term “import” in section 1001 of the Controlled

Substances Import and Export Act \(21 U.S.C. 951\).

\(8\) Resale.—

\(A\) In general.—The term “resale”, with respect to a

vehicle, software, or hardware, means the transferring of

ownership of the vehicle, software, or hardware by an

individual or entity that acquired the vehicle, software, or

hardware for the purpose of transfer in the ordinary course

of business, and not for the use of or consumption by the

individual or entity.

\(B\) Exclusion.—The term “resale” does not include the

transfer of a connected vehicle that was previously titled or

registered to, and used by, a consumer or end-user or was

acquired for bona fide use, lease, or operation by the

individual or entity transferred the vehicle or by a dealer

\(as defined in section 30102\(a\)\(2\) of title 49, United States

Code\).

\(9\) Secretary.—The term “Secretary” means the Secretary

of Commerce, acting through the Under Secretary of Commerce

for Industry and Security.

\(10\) Transaction.—The term “transaction”—

\(A\) means any acquisition, importation, transfer,

installation, dealing in, or use of any vehicle, software, or

hardware subject to a prohibition under section 1703\(a\),

including ongoing activities, such as managed services, data

transmission, software updates, repairs, or provision of

platform services or data hosting of applications for

consumer download; and

\(B\) includes—

\(i\) any other transaction, arrangement, practice, or course

of conduct, the structure or purpose of which is designed or

intended to evade or circumvent this title; and

\(ii\) a class of transactions.

\(11\) Vehicle connectivity system.—The term “vehicle

connectivity system” means vehicle connectivity system

hardware or a covered software item installed in or on a

connected vehicle, or designed to be installed in or on a

connected vehicle, that directly enables the function of

transmission, receipt, conversion, or processing of radio

frequency communications at a frequency over 450 megahertz.

\(12\) Vehicle connectivity system hardware.—

\(A\) In general.—The term “vehicle connectivity system

hardware”—

\(i\) means software-enabled or programmable components

that—

\(I\) are installed in or on a connected vehicle or designed

to be installed in or on a connected vehicle;

\(II\) are directly connected to a vehicle connectivity

system; and

\(III\) directly enable the connectivity functions of a

vehicle connectivity system or are part of an item that

directly enables the function of a vehicle connectivity

system; and

\(ii\) includes—

\(I\) microcontrollers, microcomputers or modules, systems on

a chip, networking or telematics units, cellular modem/

modules, Wi-Fi microcontrollers or modules, Bluetooth

microcontrollers or modules, satellite communication systems,

other wireless communication microcontrollers or modules,

external antennas, digital signal processors, and field-

programmable gate arrays; and

\(II\) electronic systems integrated into an electric vehicle

battery that directly enable or control the monitoring,

management, security, or external communication of battery

performance or operation, including any transmitter or

interface component that performs such functions.

\(B\) Exclusion.—The term “vehicle connectivity system

hardware” does not include component parts that do not

contribute to the connectivity function of vehicle

connectivity system hardware, such as brackets, fasteners,

plastics, passive electronics, diodes, field effect

transistors, and bipolar junction transistors.

SEC. 1703. PROHIBITION ON CONNECTED VEHICLES AND OTHER

TRANSACTIONS THAT THREATEN ECONOMIC OR NATIONAL

SECURITY.

\(a\) Prohibitions.—

\(1\) Connected vehicles.—On and after January 1, 2027, the

importation, manufacture, sale, resale, or introduction into

interstate commerce in the United States of a connected

vehicle is prohibited if—

\(A\) the connected vehicle is designed, developed, or

manufactured in, or supplied from, a covered country, without

regard to whether—

\(i\) at the time of importation, sale, resale, or

introduction, the vehicle is equipped with any covered

software or vehicle connectivity system hardware subject to a

prohibition under paragraph \(2\) or \(3\); or

\(ii\) any such software or hardware—

\(I\) is removed from the vehicle before importation, sale,

resale, or introduction; or

\(II\) will be installed after importation, sale, resale, or

introduction; or

\(B\) the manufacturer, developer, designer, or supplier of

the connected vehicle is a foreign entity of concern.

\(2\) Covered software.—The integration of covered software

into a connected vehicle that is imported, manufactured,

sold, resold, or introduced into interstate commerce into the

United States is prohibited if—

\(A\) the connected vehicle into which the covered software

is integrated was manufactured for model year 2027 or later;

and

\(B\)\(i\) the covered software is designed, developed, or

manufactured in, or supplied from, a covered country; or

\(ii\) the manufacturer, developer, designer, or supplier of

the software is a foreign entity of concern.

\(3\) Vehicle connectivity system hardware.—

\(A\) In general.—On and after January 1, 2030, the

integration of any vehicle connectivity system hardware into

a connected vehicle that is imported, manufactured, sold,

resold, or introduced into interstate commerce into the

United States is prohibited if—

\(i\) the hardware is manufactured in, or supplied from, a

covered country; or

\(ii\) the manufacturer or supplier of the hardware is a

foreign entity of concern.

\(B\) Repair and warranty.—The prohibition under

subparagraph \(A\) shall not apply to vehicle connectivity

system hardware that is—

\(i\) integrated into a vehicle that is manufactured for a

model year before model year 2030; or

\(ii\) imported, manufactured, sold, resold, or introduced

into interstate commerce in the United States for the purpose

of repair, or under warranty, for a connected vehicle of a

model year before model year 2030.

\(4\) Additional items.—Subject to an applicable ruling or

advisory opinion issued under subsection \(d\), a prohibition

under paragraph

\(1\), \(2\), or \(3\) applies with respect to a connected vehicle,

covered software, or vehicle connectivity system hardware, as

the case may be, that is renamed, rebranded, restructured, or

altered to circumvent the prohibition.

\(5\) Exception.—The prohibitions under paragraphs \(1\), \(2\),

and \(3\) shall not apply to the importation, manufacture,

sale, resale, or introduction into interstate commerce in the

United States of a connected vehicle, covered software, or

vehicle connectivity system hardware, as the case may be, for

the sole purpose of testing and evaluation if—

\(A\) in the case of a connected vehicle, the vehicle is not

intended to be driven on public roads; or

\(B\) in the case of a connected vehicle, covered software,

or vehicle connectivity system hardware, the testing or

evaluation is by an entity that—

\(i\) is organized under the laws of a State in the United

States;

\(ii\) does not have its principal place of business in a

covered country; and

\(iii\) is not a foreign entity of concern.

\(b\) Related Transactions.—

\(1\) In general.—The Secretary shall prescribe regulations,

pursuant to section 553 of title 5, United States Code, to

prohibit any specific transaction relating to connected

vehicles, including the importation, sale, distribution,

integration, or use of a connected vehicle, covered software,

or vehicle connectivity system hardware, that the Secretary

determines poses an undue or unacceptable threat to the

economic or national security of the United States.

\(2\) Notice.—If the Secretary prohibits a transaction under

paragraph \(1\), the Secretary shall deliver, by certified

United States mail, to the parties to the transaction a

notice of the prohibition that includes an identification, by

name, of the specific vehicle, software, or hardware that the

Secretary determines poses an undue or unacceptable threat to

the economic or national security of the United States.

\(c\) Authorizations.—

\(1\) Issuance.—

\(A\) In general.—The Secretary, in consultation with the

Secretary of Defense, the Secretary of Transportation, the

Secretary of State, and the Secretary of Energy, may issue a

general or specific authorization for the importation,

manufacture, sale, resale, or introduction into interstate

commerce in the United States of a connected vehicle, covered

software, or vehicle connectivity system hardware that would

otherwise be subject to a prohibition under subsection \(a\)

if—

\(i\) the Secretary determines, based on clear and convincing

evidence and a written risk assessment, that the importation,

manufacture, sale, resale, or introduction of the vehicle,

software, or hardware does not pose, and is not reasonably

likely to pose—

\(I\) an undue risk of data exfiltration from, or remote

manipulation or operation of, a connected vehicle;

\(II\) a risk to critical infrastructure or the integrity of

the industrial base of the United States; or

\(III\) any other risk to the national security of the United

States;

\(ii\) not less than 60 days before the authorization takes

effect, the Secretary submits to Congress a detailed written

notification that—

\(I\) includes the determination under clause \(i\) and

underlying analysis, including the written risk assessment;

and

\(II\) redacts intellectual property and other sensitive

proprietary information; and

\(iii\) during the 60-day period described in clause \(ii\),

there is not enacted into law a joint resolution of

disapproval with respect to the authorization for the

vehicle, software, or hardware.

\(B\) Specific authorizations.—A specific authorization

issued under subparagraph \(A\) shall be in effect for an

initial one-year period and may be extended if the Secretary

determines appropriate.

\(C\) Continued validity and modification and revocation of

authorizations.—

\(i\) Continued validity of existing authorizations.—Except

as provided by clause \(ii\), any general or specific

authorization issued under subpart D of part 791 of title 15,

Code of Federal Regulations, before the date of the enactment

of this Act, shall remain in effect until January 1, 2030,

unless modified, suspended or revoked under clause \(ii\).

\(ii\) Modification or revocation of general or specific

authorizations.—The Secretary may, at any time, modify,

suspend, or revoke a general or specific authorization

described in clause \(i\) if the Secretary—

\(I\) determines that the authorization no longer satisfies

the requirements of subparagraph \(A\)\(i\); and

\(II\) provides the public with an opportunity to comment

before modifying, suspending, or revoking the authorization.

\(iii\) Publication required.—Not later than January 1,

2027, the Secretary shall publish a list of all general or

specific authorizations issued under subpart D of part 791 of

title 15, Code of Federal Regulations, before the date of the

enactment of this Act.

\(2\) Publication of list of authorized vehicles, software,

and hardware.—

\(A\) In general.—The Secretary shall, pursuant to section

553 of title 5, United States Code, publish and maintain a

list of the connected vehicles, covered software, and vehicle

connectivity system hardware the importation, manufacture,

sale, resale, or introduction into interstate commerce in the

United States of which is authorized under paragraph \(1\)\(A\).

\(B\) Initial list.—The initial list required by

subparagraph \(A\) shall be published not later than January 1,

2027.

\(C\) Inclusions.—

\(i\) In general.—To the extent possible, the Secretary

shall include, in the list required by subparagraph \(A\), the

manufacturer and product name for the connected vehicles,

covered software, and vehicle connectivity system hardware on

the list.

\(ii\) Risk assessment.—To the extent possible, the

Secretary shall include, in the list required by subparagraph

\(A\), a detailed explanation about why the connected vehicles,

covered software, and vehicle connectivity system hardware on

the list do not pose an undue risk described in paragraph

\(1\)\(A\)\(i\).

\(D\) Protection of intellectual property.—The Secretary

shall establish a robust process to redact intellectual

property and other sensitive information from publication in

the list required by subparagraph \(A\).

\(3\) Requests for authorization.—Not later than January 1,

2027, the Secretary shall establish a procedure pursuant to

which an importer, manufacturer, supplier, or seller or

reseller may seek the authorization under paragraph \(1\) of

the importation, manufacture, sale, resale, or introduction

into interstate commerce in the United States of connected

vehicles, covered software, or vehicle connectivity system

hardware that would otherwise be subject to a prohibition

under subsection \(a\).

\(d\) Rulings and Advisory Opinions.—

\(1\) In general.—Not later than January 1, 2027, the

Secretary shall establish a procedure pursuant to which an

importer, manufacturer, or seller or reseller may seek a

binding ruling or advisory opinion with respect to whether—

\(A\) the importation, manufacture, sale, resale, or

introduction into interstate commerce in the United States of

a connected vehicle, covered software, or vehicle

connectivity system hardware is or is not prohibited under

this section; or

\(B\) a connected vehicle, covered software, or vehicle

connectivity system hardware has been renamed, rebranded,

restructured, or altered to circumvent the prohibitions under

subsection \(a\).

\(2\) Timing.—The Secretary shall issue a ruling or advisory

opinion under paragraph \(1\) with respect to a connected

vehicle, covered software, or vehicle connectivity system

hardware not later than 45 days after receiving an

application supported by a reasonably clear description of

the vehicle, software, or hardware, as the case may be.

\(3\) Publication.—

\(A\) In general.—The Secretary shall—

\(i\) publish a list of all connected vehicles, covered

software, and vehicle connectivity system hardware for which

the Secretary has issued rulings and advisory opinions under

paragraph \(1\); and

\(ii\) update that list not less frequently than annually.

\(B\) Prohibition on publication of identifying

information.—The Secretary shall not publish the name of, or

other information that might reasonably identify, the party

that requested the ruling or advisory opinion.

\(4\) Continued validity of existing rulings and opinions.—

Except as provided by paragraph \(5\), a ruling or advisory

opinion issued under this subsection or subpart D of part 791

of title 15, Code of Federal Regulations, before January 1,

2027, shall remain in effect.

\(5\) Modification or revocation.—The Secretary may modify,

suspend, or revoke any binding ruling or advisory opinion

issued under paragraph \(1\) or subpart D of part 791 of title

15, Code of Federal Regulations, at any time if the Secretary

determines that the circumstances that led to the ruling or

opinion have changed.

\(e\) Declaration of Conformity.—The Secretary shall

establish a process under which a person that imports,

manufactures, sells, resells, or introduces into interstate

commerce in the United States a connected vehicle, covered

software, or vehicle connectivity system hardware is required

to submit a declaration, to be known as a “declaration of

conformity”, to the Secretary before importing,

manufacturing, selling, reselling, or introducing the

vehicle, software, or hardware that certifies that the

vehicle, software, or hardware is not subject to a

prohibition under subsection \(a\).

\(f\) Civil Penalties.—

\(1\) In general.—Except as provided by paragraph \(3\), the

Secretary shall assess a civil penalty for each transaction

that is a violation of a prohibition under subsection \(a\) in

an amount that is not less than the greater of—

\(A\) $1,500,000; or

\(B\) five times the value of the transaction.

\(2\) Continuing violations.—In the case of a violation that

occurs on more than one day, each day on which the violation

continues shall be treated as a separate violation.

\(3\) Exception.—A civil penalty shall not apply under

paragraph \(1\) in a case in which an individual transports a

vehicle into the United States in violation of a prohibition

under subsection \(a\) if—

\(A\) the vehicle is owned or leased by the individual for

personal use; and

\(B\) the individual does not know that the vehicle, or

covered software or vehicle connectivity system hardware

integrated

into the vehicle, is subject to the prohibition.

\(g\) Classified Information.—The Secretary may rely on

classified information in carrying out this section, which

may be submitted to a reviewing court ex parte and in camera.

\(h\) Petitions for Review.—The filing in a court of a

petition for review shall not stay the effectiveness of any

action under this section unless ordered by the court.

SEC. 1704. USE OF EXISTING ADVISORY BODIES; INTERAGENCY

COORDINATION.

\(a\) Use of Existing Advisory Bodies.—

\(1\) In general.—In carrying out this title, the Secretary

may consult, as appropriate, with existing advisory

committees of the Department of Transportation and other

relevant Federal agencies on matters relating to connected

vehicles and associated national security risks.

\(2\) Scope of consultation.—Consultation under paragraph

\(1\) may include consideration of—

\(A\) risks relating to data security, cybersecurity, and

supply chain integrity associated with connected vehicles;

\(B\) the effectiveness of authorities and regulations issued

under this title;

\(C\) emerging technologies and threat vectors relevant to

connected vehicle ecosystems; and

\(D\) recommendations made to the Secretary with respect to

regulatory, enforcement, and policy measures to mitigate

risks described in subparagraph \(A\).

\(b\) Interagency Coordination.—In carrying out this title,

the Secretary may consult and coordinate, as appropriate,

with the Federal Communications Commission and other relevant

Federal agencies to ensure alignment with respect to the

scope, timeline, and implementation of any prohibitions or

restrictions issued under this title, including to avoid

duplicative, inconsistent, or conflicting regulatory

requirements.

SEC. 1705. REPORTS.

Not later than one year after the date of the enactment of

this Act, and annually thereafter, the Secretary shall submit

to Congress a report—

\(1\) describing activities carried out to enforce the

prohibitions under section 1703, including enforcement

actions taken and resources utilized;

\(2\) providing a detailed accounting of connected vehicles,

covered software, and vehicle connectivity system hardware

covered by such prohibitions during the 1-year period

preceding submission of the report;

\(3\) explaining any exclusions, exemptions, authorizations,

or determinations made by the Secretary, including the

rationale and criteria applied;

\(4\) assessing the effectiveness of such prohibitions in

decreasing the threats to the economic and national security

of the United States posed by connected vehicles;

\(5\) including metrics on enforcement, compliance rates,

violations identified, penalties assessed, and any identified

gaps or challenges; and

\(6\) making recommendations with respect to further

decreasing such threats.

SEC. 1706. REPORT ON AUTOMOTIVE SUPPLY CHAIN RESILIENCY AND

SECURITY.

\(a\) In General.—Not later than 18 months after the date of

the enactment of this Act, the Secretary shall submit to

Congress a report assessing the resilience and security of

supply chains critical to the United States automotive

sector.

\(b\) Elements.—The report required by subsection \(a\) shall,

at a minimum—

\(1\) identify the segments, materials, components, and

technologies within the automotive supply chain that are most

dependent on a covered country;

\(2\) assess the extent to which the dependencies identified

under paragraph \(1\) pose significant risk to the economic or

national security of the United States; and

\(3\) recommend specific policies and measures to support the

development and expansion of supply chains outside of covered

countries for the dependencies identified under paragraph \(2\)

that pose the most significant risk to the economic or

national security of the United States.

\(c\) Considerations.—In identifying segments, materials,

components, and technologies within the automotive supply

chain under subsection \(b\)\(1\), the Secretary shall consider,

at a minimum—

\(1\) safety equipment;

\(2\) hardware or software that enables the transmission,

receipt, conversion, or processing of automotive sensing

\(such as LiDAR, radar, video, or ultrawideband\);

\(3\) electric vehicle batteries;

\(4\) smart glass, antenna glass, and other electronically

controlled automotive glass that directly enables the

transmission, receipt, conversion, or processing of radio

frequency communications; and

\(5\) any other segments, materials, components,

technologies, hardware, or software identified by the

Department of Commerce for consideration during the process

of promulgating subpart D of part 791 of title 15, Code of

Federal Regulations.

SEC. 1707. REGULATIONS.

Not later than December 31, 2028, the Secretary shall issue

final regulations establishing prohibitions and requirements

applicable to connected vehicles with a gross vehicle weight

rating greater than 4,536 kilograms \(10,000 pounds\),

consistent with the authorities and requirements under this

title. Such prohibitions and requirements shall take effect

not later than December 31, 2032.

SEC. 1708. SEVERABILITY; REGULATORY CONTINUITY.

\(a\) Severability.—If any provision of this title, or the

application of any such provision to any person or

circumstance, is held to be invalid, the remainder of this

title, and the application of the remaining provisions to any

person or circumstance, shall not be affected.

\(b\) Restoration of Prior Regulations.—If a court of

competent jurisdiction enters a final judgment holding

invalid or unenforceable a provision of this title and

supersedes regulations prescribed to carry out section 1703,

the Secretary may, notwithstanding any other provision of

this title, reissue or reinstate, in whole or in part, any

similar regulations that were in effect on the day before the

date of the enactment of this title.

SEC. 1709. INTERACTION WITH REGULATIONS.

\(a\) Rule of Construction.—Nothing in this title shall be

construed to prohibit, limit, or otherwise affect the

authority of the Secretary of Commerce to implement or

administer subpart D of part 791 of title 15, Code of Federal

Regulations, as added by the final rule of the Bureau of

Industry and Security entitled “Securing the Information and

Communications Technology and Services Supply Chain:

Connected Vehicles” \(90 Fed. Reg. 5360\).

\(b\) Delayed Implementation for Hardware Not Covered by

Regulations.—In the case of vehicle connectivity system

hardware that is subject to a prohibition under section

1703\(a\)\(3\) and is not subject to subpart D of part 791 of

title 15, Code of Federal Regulations, as in effect on the

day before the date of the enactment of this Act, the

Secretary shall implement the prohibition with respect to

such hardware incorporated into connected vehicles of a model

year later than model year 2031 and earlier than model year

2033.

\(c\) Delayed Implementation for Connected Vehicles by

Existing United States Manufacturers and Operators.—The

prohibition under section 4\(a\)\(1\) shall not apply with

respect to a connected vehicle of a model year before model

year 2030 that is manufactured, purchased pursuant to a

master services agreement or other similar contract executed

before the date of the enactment of this Act, or operated in

a commercial fleet, by an entity that—

\(1\) is selling passenger vehicles or operating a commercial

fleet of passenger vehicles in the United States as of the

date of the enactment of this Act; and

\(2\) has been manufacturing passenger vehicles or operating

a commercial fleet of passenger vehicles in the United States

for not less than 5 years before such date of enactment.

\(d\) Treatment of Prior Exclusions.—

\(1\) In general.—Subject to paragraph \(2\), any exclusion or

exception to a prohibition or definition under subpart D of

part 791 of title 15, Code of Federal Regulations, as in

effect on the day before the date of the enactment of this

Act, shall remain valid and shall apply to the prohibitions

under section 1703\(a\).

\(2\) Rulemaking.—Beginning January 1, 2030, the Secretary

shall conduct a rulemaking, pursuant to section 553 of title

5, United States Code, to determine whether exclusions or

exceptions described in paragraph \(1\) should be continued,

modified, or terminated for the purposes of this title.

SA 5978. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . DEFINITION OF FOREIGN INSTRUMENTALITY FOR PURPOSES

OF ECONOMIC ESPIONAGE PROHIBITION.

Section 1839\(1\) of title 18, United States Code, is

amended—

\(1\) by striking “that is substantially owned” and

inserting the following: “that is—

“\(A\) substantially owned”; and

\(2\) by adding at the end the following: “or

“\(B\) domiciled in a covered nation, as defined in section

4872 of title 10;”.

SA 5979. Ms. SMITH \(for herself and Mrs. Blackburn\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the

following:

SEC. 7. REPORT AND BRIEFING ON IMPACT OF MILITARY SEXUAL

TRAUMA AND INTIMATE PARTNER VIOLENCE ON

SUICIDAL IDEATION AND SUICIDE FOR MEMBERS OF

THE ARMED FORCES AND VETERANS.

\(a\) In General.—Not later than 18 months after the date of

the enactment of this Act,

the Secretary of Veterans Affairs, in consultation with the

Secretary of Defense, shall submit to the Committee on Armed

Services of the Senate, the Committee on Veterans' Affairs of

the Senate, the Committee on Armed Services of the House of

Representatives, and the Committee on Veterans' Affairs of

the House of Representatives and publish on a publicly

available website a report, and provide to such committees a

briefing, on how experiencing military sexual trauma or

intimate partner violence affects the risk of suicidal

ideation and suicide for members of the Armed Forces and

veterans.

\(b\) Incorporation Into Clinical Practice Guidelines.—Not

later than one year after the publication of the report

required by subsection \(a\), the Secretary of Defense and the

Secretary of Veterans Affairs shall incorporate findings on

military sexual trauma and intimate partner violence,

including the results of the report, as risk factors for

suicide and suicidal ideation into the Department of Veterans

Affairs/Department of Defense Clinical Practice Guidelines

for Assessment and Management of Patients At Risk For

Suicide, or similar successor guidelines.

SA 5980. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. . RULES RELATED TO AGREEMENTS WITH THE PRESIDENT.

\(a\) Conduct of Litigation Reserved to DOJ.—Section 516 of

title 28, United States Code, is amended by adding at the end

the following: “The authority of the Attorney General and

the Department of Justice to conduct litigation pursuant to

this section shall not apply to any offer of compromise or

settlement agreement in the case of any return of tax of the

President or any member of the immediate family of the

President which was filed during the President's term in

office. In the case of any return of tax of the President or

any member of the immediate family of the President, the

period for assessment, or for bringing a proceeding in court

for collection of such tax, may be begun at any time before

the date that is 3 years after the conclusion of the term in

office as President.”.

\(b\) Effective Date.—The amendment made by this section

shall apply with respect to any case or cause of action

arising on or after January 20, 2025.

SA 5981. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. . RULES RELATED TO AGREEMENTS WITH THE PRESIDENT.

\(a\) Authority of DOJ.—Section 516 of title 28, United

States Code, is amended by adding at the end the following:

“The authority of the Attorney General and the Department of

Justice to conduct litigation pursuant to this section shall

not apply to any offer of compromise or settlement agreement

in the case of any return of tax of the President or any

member of the immediate family of the President which was

filed during the President's term in office.”.

\(b\) Finality of Closing Agreements With Respect to Internal

Revenue Taxes.—Section 7121 of the Internal Revenue Code of

1986 is amended by adding at the end the following new

subsection:

“\(c\) Special Rule.—Paragraphs \(1\) and \(2\) of subsection

\(b\) shall not apply to any agreement with the President or

related or affiliated individuals \(including family or others

filing jointly\) or parties \(including trusts, parent, sister,

or related companies, affiliates, and subsidiaries\) until the

date that is 1 year after the conclusion of the President's

term of office.”.

\(c\) Extension of Statute of Limitations.—Section 6501\(c\)

of the Internal Revenue Code of 1986 is amended by adding at

the end the following new paragraph:

“\(13\) Returns of the president subject to closing

agreements.—

“\(A\) In general.—In the case of any return of tax

described in subparagraph \(B\), the period for assessment, or

for bringing a proceeding in court for collection of such tax

, may be begun at any time before the later of—

“\(i\) the date that is 3 years after the conclusion of the

term in office as President of the individual described in

subparagraph \(B\)\(i\), or

“\(ii\) the date otherwise provided in this section.

“\(B\) Return of tax described.—A return of tax is

described in this subparagraph if such return—

“\(i\) is a return of tax of an individual—

“\(I\) who is or was President, or

“\(II\) who is a related or affiliated individual \(including

family or others filing jointly\) or party \(including trusts,

parent, sister, or related companies, affiliates, and

subsidiaries\) with respect to the individual described in

subclause \(I\), and

“\(ii\) is subject to an agreement described in section 7121

that was entered into during the period the individual

described in clause \(i\)\(I\) was President.”.

\(d\) Effective Date.—The amendments made by this section

shall apply with respect to any case or cause of action

arising on or after January 20, 2025.

SA 5982. Ms. ROSEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 II of subtitle F of title V, add the

following:

SEC. 558. DEPARTMENT OF DEFENSE BEST PRACTICES GUIDE FOR

FAMILY CHILD CARE HOMES.

\(a\) In General.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense shall

publish a Department-wide best practices guide for

individuals seeking to establish and operate a Family Child

Care home on a military installation.

\(b\) Consultation Requirement.—In developing the guide

required under subsection \(a\), the Secretary of Defense shall

consult with military departments, military installations,

Family Child Care program administrators, and established

Family Child Care providers operating under successful Family

Child Care programs across the Department of Defense to

identify and incorporate best practices, lessons learned, and

approaches that have demonstrated success in expanding

participation and reducing barriers to establishing and

operating Family Child Care homes.

\(c\) Required Elements.—The guide required under subsection

\(a\) shall include, at a minimum—

\(1\) an overview of the process for becoming a certified

Family Child Care provider;

\(2\) standardized information regarding training,

inspections, background checks, licensing, and certification

requirements;

\(3\) guidance regarding available financial assistance,

startup support, subsidies, grants, and reimbursement

opportunities;

\(4\) information on liability coverage, safety standards,

and emergency preparedness requirements;

\(5\) recommendations for reducing administrative barriers to

establishing Family Child Care homes; and

\(6\) any additional information the Secretary determines

appropriate to support prospective Family Child Care

providers.

\(d\) Public Availability.—The Secretary shall make the

guide required under subsection \(a\) publicly available on an

internet website of the Department of Defense in a searchable

and accessible format for military families.

\(e\) Service-specific Appendices.—

\(1\) In general.—The Secretary of Defense shall encourage

the Secretaries of the military departments to publish and

maintain service-specific appendices accompanying the guide

required under subsection \(a\).

\(2\) Contents.—A service-specific appendix under paragraph

\(1\) may include—

\(A\) service-specific policies or procedures;

\(B\) installation-level best practices;

\(C\) information regarding unique operational requirements

or child care demands within the military department

concerned;

\(D\) guidance regarding military housing considerations

related to Family Child Care homes; and

\(E\) points of contact and resources specific to the

military department concerned.

\(f\) Briefing.—Not later than 18 months after the date of

the enactment of this Act, the Secretary of Defense shall

provide a briefing to the congressional defense committees

regarding—

\(1\) actions taken to implement this section;

\(2\) efforts to improve awareness of Family Child Care

opportunities among military spouses and families;

\(3\) barriers identified in the establishment of Family

Child Care homes; and

\(4\) recommendations for legislative or administrative

action to improve military child care capacity.

SA 5983. Mr. GRAHAM \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 850. REQUIREMENT FOR COAST GUARD TO BUY CERTAIN ARTICLES

FROM AMERICAN SOURCES.

\(a\) In General.—Section 4862 of title 10, United States

Code, is amended—

\(1\) in subsection \(a\), by striking “Department of

Defense” and inserting “Department of Defense or any branch

of the armed forces”;

\(2\) in subsection \(c\), by striking “the Secretary of the

military department concerned” and inserting “the Secretary

concerned”;

\(3\) in subsection \(g\)—

\(A\) in paragraph \(1\), by striking “Department of Defense”

and inserting “Department of Defense or any branch of the

armed forces”;

\(B\) in paragraph \(2\)\(B\), by striking “The Secretary of

Defense” and inserting “The Secretary of Defense or, with

respect to the Coast Guard when it is not operating as a

service in the Navy, the Secretary of Homeland Security”;

\(4\) in subsection \(h\)—

\(A\) in paragraph \(2\)\(B\), by striking “Secretary of

Defense” and inserting “Secretary of Defense or, with

respect to the Coast Guard when it is not operating as a

service in the Navy, the Secretary of Homeland Security”;

and

\(B\) in paragraph \(3\), by striking “Secretary of Defense”

and inserting “Secretary of Defense, in consultation with

the Secretary of Homeland Security,”; and

\(5\) in subsection \(k\), by striking “or of the military

department concerned” and inserting “or the Secretary

concerned”.

\(b\) Effective Date.—The amendments made by this section

shall take effect on the date that is three years after the

date of the enactment of this Act.

SA 5984. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 624. REQUIREMENT THAT MILITARY UNIFORM CLOTHING SOLD AT

COMMISSARIES AND EXCHANGE STORES BE PRODUCED IN

THE UNITED STATES.

Section 4862\(g\)\(1\) of title 10, United States Code, is

amended by inserting “\(other than military uniform

clothing\)” after “items”.

SA 5985. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1252. REQUIREMENT TO PERMIT DIGNITARIES AND SERVICE

MEMBERS FROM TAIWAN TO DISPLAY THE FLAG OF

TAIWAN.

\(a\) In General.—The Secretary of State and the Secretary

of Defense shall permit members of the Armed Forces and

representatives from Taiwan or the Taipei Economic and

Cultural Representative Office \(TECRO\) to display, for the

purposes set forth in subsection \(b\), the following symbols:

\(1\) the flag of Taiwan; and

\(2\) the corresponding emblems or insignia of military

units.

\(b\) Purposes.—The purposes referred to in subsection \(a\)

are—

\(1\) the wearing of official uniforms;

\(2\) conducting ceremonies or functions; and

\(3\) appearances on Department of State and Department of

Defense social media accounts promoting engagements with

Taiwan.

\(c\) Rule of Construction.—Nothing in this section shall be

construed as a change to the One China Policy of the United

States, which is guided by the Taiwan Relations Act \(22

U.S.C. 3301 et seq.\), the three United States-People's

Republic of China Joint Communiques, and the Six Assurances.

SA 5986. Mr. CRUZ \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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. 1510A. OPERATIONAL PILOT PROGRAM ON ORBITAL DATA CENTER

SERVICES.

\(a\) Findings.—Congress makes the following findings:

\(1\) Modern national security space missions generate

increasing volumes of data from space-based sensors,

platforms, and constellations, placing growing demands on

terrestrial data transport, processing, and analysis

infrastructure.

\(2\) Reliance on ground-based data processing can introduce

latency, bandwidth constraints, and vulnerabilities that may

degrade the timeliness, resilience, and effectiveness of

military and intelligence operations in contested

environments.

\(3\) Commercial industry is developing orbital data center

and space-based cloud computing capabilities that enable in-

space data processing, storage, and analytics, which may

reduce latency, enhance resilience, and improve mission

outcomes.

\(4\) The Department of Defense has identified the need for

hybrid architectures that integrate space, terrestrial, and

commercial capabilities to support joint and national

security missions.

\(5\) An operational pilot program is necessary to evaluate

the military utility, operational integration, and transition

potential of orbital data center services through real-world

mission use cases before any broader adoption or sustained

acquisition.

\(6\) Maintaining a competitive and resilient domestic

industrial base for orbital infrastructure, including

satellite platforms, communications systems, and in-space

computing capabilities, is important to accelerating

innovation and supporting operational resilience.

\(b\) Pilot Program.—

\(1\) In general.—Not later than 1 year after the date of

the enactment of this Act, the Secretary of Defense \(referred

to in this Act as the “Secretary”\), acting through the

Director of the Defense Innovation Unit, shall carry out an

operational pilot program under the Hybrid Space Architecture

initiative to evaluate the use of commercially available

orbital data center services and space-based cloud computing

capabilities relevant to national security space and joint

mission requirements.

\(2\) Purposes.—The purposes of the pilot program shall be—

\(A\) to assess the military utility of orbital data center

and space-based cloud computing services;

\(B\) to evaluate the operational integration of such

services into existing and planned Department of Defense

space and joint architectures;

\(C\) to examine the resilience, latency, security, and

mission assurance benefits of in-space data processing;

\(D\) to inform the potential transition of such services

into sustained programs of record or operational use;

\(E\) to evaluate concepts of operations for the protection

and defense of orbital data center assets against kinetic,

nonkinetic, and cyber threats;

\(F\) to assess the asset protection strategies and

vulnerabilities of orbital data center infrastructure; and

\(G\) to evaluate the integration and operational performance

of interoperable, commercially provided orbital

infrastructure components sourced from multiple vendors

across the hybrid space architecture ecosystem.

\(3\) Scope.—In carrying out the pilot program, the

Secretary may—

\(A\) employ commercially available orbital data center

services in support of real-world mission scenarios,

including intelligence, space domain awareness, command and

control, data transport, and other national security

applications;

\(B\) conduct testing, demonstration, and limited operational

employment necessary to assess technical performance and

operational viability; and

\(C\) support integration activities required to evaluate

interoperability with the Department of Defense's space,

ground, and network systems.

\(4\) Acquisition authority.—The Secretary shall ensure

competitive participation from a diverse set of

nontraditional defense contractors and commercial space

providers .

\(5\) Security and resilience measures for sensitive and

classified information.—In carrying out the pilot program,

the Secretary shall ensure that any orbital data center

services used to process, store, or transmit sensitive or

classified information have in place—

\(A\) cybersecurity protections, including zero-trust

architecture, encryption, identity and access management,

continuous monitoring, and protections against insider

threats;

\(B\) risk-management measures—

\(i\) to address supply chain vulnerabilities and foreign

ownership, control, or influence; and

\(ii\) that achieve compliance with applicable Department of

Defense cybersecurity and authorization requirements;

\(C\) resilience and mission assurance capabilities,

including redundancy, failover, operation in degraded or

contested environments, and rapid reconstitution or

replacement capabilities;

\(D\) protections against cyber, electronic warfare,

counterspace, and other nonkinetic threats;

\(E\) secure telemetry, tracking, and command links and

associated command-and-control systems, including

authenticated command uplinks, encrypted telemetry and data

links, anti-spoofing and anti-jamming protections, resilient

cryptographic key management, protected timing and navigation

inputs, and secure software and firmware update mechanisms;

\(F\) protections for associated ground systems, mission

operations centers, terrestrial network connections, software

supply chains, and user access interfaces, including

segmentation, continuous monitoring, access controls,

encryption, and resilience against cyber intrusion,

disruption, and unauthorized access; and

\(G\) protections to ensure workload isolation, tenant

separation, and data sovereignty for sensitive or classified

information processed, stored, or transmitted through orbital

data center services, including safeguards against

unauthorized cross-tenant, cross-domain, or provider access.

\(6\) Integration and interoperability.—The Secretary shall

ensure that any orbital data center services evaluated under

the pilot program are interoperable with existing Department

of Defense command, control, communications, and intelligence

systems.

\(7\) Consultation.—In carrying out the pilot program, the

Secretary, acting through the Director of the Defense

Innovation Unit, shall consult with—

\(A\) the Assistant Secretary of Defense for Space Policy;

\(B\) service acquisition executives \(as defined in section

101 of title 10, United States Code\);

\(C\) the Space Force and other military departments with

potential operational interest or transition pathways;

\(D\) the National Reconnaissance Office;

\(E\) the National Geospatial-Intelligence Agency; and

\(F\) such other individuals and organizations as the

Secretary considers appropriate.

\(8\) Briefing.—Not later than December 31, 2028, the

Secretary shall provide the congressional defense committees

\(as defined in section 101 of title 10, United States Code\)

with a briefing on—

\(A\) execution of the pilot program;

\(B\) operational use cases evaluated;

\(C\) lessons learned from operational employment;

\(D\) recommendations regarding future acquisition or

operational use of orbital data center services;

\(E\) cybersecurity risks, insider threat vulnerabilities,

and mitigation measures;

\(F\) resilience against counterspace threats and contested

space environments;

\(G\) commercial provider risks, including supply chain and

foreign ownership concerns; and

\(H\) recommendations for security, resilience, and

acquisition requirements for any future program of record.

\(c\) Termination.—The authority to carry out the pilot

program under this section shall terminate on the date that

is five years after the date of the enactment of this Act.

\(d\) Definitions.—In this section:

\(1\) Commercially available.—The term “commercially

available” means, with respect to a space good or service, a

space good or service that—

\(A\) is currently offered commercially; or

\(B\) could be supplied commercially in response to a

Government service procurement request.

\(2\) Orbital data center.—The term “orbital data center”

means a space-based computing, data storage, or networking

capability, including 1 or more spacecraft, hosted payloads,

or distributed orbital architectures, designed primarily to

provide persistent, scalable, or shared in-orbit processing,

analysis, storage, fusion, routing, or dissemination of data

as a distinct operational capability, rather than as a

function ancillary to the primary mission of a spacecraft,

prior to transmission to terrestrial or other external

infrastructure, including to reduce latency, mitigate

bandwidth constraints, improve operational resilience, or

support time-sensitive missions.

SA 5987. Mr. BUDD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. ESTABLISHMENT OF FOUNDATIONAL INFRASTRUCTURE FOR

RESPONSIBLE USE OF SMALL MODULAR REACTOR

TECHNOLOGY PROGRAM.

\(a\) In General.—There is established within the Department

of State a Foundational Infrastructure for Responsible Use of

Small Modular Reactor Technology program \(hereafter in this

section referred to as the “FIRST program”\).

\(b\) Program Functions.—The Under Secretary for Arms

Control and International Security, or the designee of the

Under Secretary, shall manage the FIRST program, which

shall—

\(1\) promote responsible deployment of civil nuclear energy

internationally that benefits United States economic and

national security interests;

\(2\) advocate, through relevant bilateral and multilateral

diplomatic engagements and forums, for civil nuclear energy

projects, technology, and products sourced or exported from

United States businesses;

\(3\) engage in diplomacy with partner governments on

prioritizing the highest safety, security, and

nonproliferation standards as requirements for civil nuclear

reactor deployment decisions, including with regard to small

modular reactor infrastructure, technology, and products;

\(4\) provide consultation to partner countries regarding

best practices in the field of licensing, legal, and

regulatory frameworks for the importation or adoption of

United States nuclear reactor infrastructure, technology, or

products;

\(5\) provide early-stage commercial project development

support, including feasibility and engineering studies, that

are critical to launching United States commercial civil

nuclear projects abroad and ensure fair market access for

United States businesses relative to state-backed

competitors; and

\(6\) cooperate with partner countries in the areas of

training programs, technical resource sharing, and potential

coordination of codes and standards to support the

facilitation of small modular reactor fleet deployment.

\(c\) Report.—

\(1\) In general.—Not later than 120 days after the date of

the enactment of this Act, the Under Secretary for Arms

Control and International Security, or the designee of such

Under Secretary, shall provide to the appropriate

congressional committees a report that includes—

\(A\) details on the implementation of the FIRST program;

\(B\) a description of FIRST program diplomatic outreach and

activities, including bilateral and multilateral engagements

that promote activities described in subsection \(b\);

\(C\) the list of current contributing partners of the FIRST

program;

\(D\) details relating to potential or ongoing cooperation

with contributing partners of the FIRST program related to

program activities described in subsection \(b\);

\(E\) a description of engagements and activities conducted

by the Department of State to promote and expand the FIRST

program to additional potential contributing partners;

\(F\) a description of FIRST program-related engagements with

United States businesses in the civil nuclear sector; and

\(G\) a description of funds expended on FIRST program-

related activities, including programming that uses funds

from Nonproliferation, Anti-Terrorism, Demining, and Related

Programs and related funding sources within the Department.

\(2\) Form.—The report required by this subsection shall be

submitted in unclassified form but may include a classified

annex submitted separately from the unclassified portion.

\(d\) Briefing.—Not later than 120 days after the date of

the enactment of this Act, and on a triannual basis

thereafter, the Under Secretary for Arms Control and

International Security, or the designee of the Under

Secretary, shall provide to the appropriate congressional

committees a briefing that includes the information required

in subsection \(c\).

\(e\) Definitions.—In this section:

\(1\) Appropriate congressional committees.—The term

“appropriate congressional committees” means—

\(A\) the Committee on Foreign Affairs of the House of the

Representatives; and

\(B\) the Committee on Foreign Relations of the Senate.

\(2\) United states business.—The term “United States

business” has the meaning given such term in section 2304 of

the Export Enhancement Act of 1988 \(15 U.S.C. 4724\).

\(f\) Sunset.—This section shall terminate on June 8, 2034.

SA 5988. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In section 234\(c\)\(2\), in the matter before subparagraph

\(A\), insert “and leading global distributors” after “other

leading manufacturers”.

SA 5989. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. 2\_\_. EXPANSION OF MISSION AREAS OF MECHANISMS FOR

EXPEDITED ACCESS TO TECHNICAL TALENT AND

EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT

DEPARTMENT OF DEFENSE MISSIONS TO INCLUDE

CRITICAL MINERALS.

Section 217\(e\) of the National Defense Authorization Act

for Fiscal Year 2018 \(Public Law 115-91; 10 U.S.C. 4001 note\)

is amended—

\(1\) by redesignating paragraph \(36\) as paragraph \(37\); and

\(2\) by inserting after paragraph \(35\) the following new

paragraph \(36\):

“\(36\) Critical minerals.”.

SA 5990. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title V, add the following:

SEC. 549F. ESTABLISHMENT OF DEDICATED FACILITIES SUSTAINMENT,

RESTORATION, AND MODERNIZATION FUNDING

MECHANISM FOR MILITARY SERVICE ACADEMIES.

The Secretary of Defense shall establish a dedicated

Facilities Sustainment, Restoration, and Modernization \(FSRM\)

funding mechanism for military service academies in order to

prevent the academies from having to compete with operational

bases for renovation funding and other infrastructure

priorities.

SA 5991. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 918. LIMITATION ON AVAILABILITY OF FUNDS FOR

MODIFICATION OR CONSOLIDATION OF GEOGRAPHIC

COMBATANT COMMANDS.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2027 for the

Department of Defense may be obligated or expended to carry

out an action described in subsection \(b\) of section 916 of

the National Defense Authorization Act for Fiscal Year 2026

\(Public Law 119-60; 139 Stat. 1022\) until a period of 60 days

has elapsed following the date on which the Secretary of

Defense submits the certification and all other information

required under subsection \(c\) of that section with respect to

such action.

SA 5992. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 XV, insert the following:

SEC. . MAXIMIZATION OF EXISTING MISSILE DEFENSE

INFRASTRUCTURE.

The Director of the Missile Defense Agency shall maximize

the use of existing missile defense infrastructure and test

beds before building new facilities for the Golden Dome for

America integrated air and missile defense system.

SA 5993. Mr. HICKENLOOPER \(for himself and Mr. Crapo\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel 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 V, add the following:

SEC. 515. LIMITATION ON THE TRANSFER TO THE SPACE FORCE OF

CERTAIN FUNCTIONS OF THE AIR NATIONAL GUARD.

Section 514 of the National Defense Authorization Act for

Fiscal Year 2025 \(Public Law 118-159; 10 U.S.C. 20001 note\)

is amended—

\(1\) by redesignating subsection \(k\) as subsection \(l\); and

\(2\) by inserting after subsection \(j\) the following new

subsection \(k\):

“\(k\) Rules of Construction.—Nothing in this section shall

be construed to—

“\(1\) authorize the transfer of a member of the Air

National Guard of the United States more than once under

subsection \(c\); or

“\(2\) establish a waiver of the applicability of any

provision of section 104 of title 32, United States Code, or

of section 18238 of title 10, United States Code.”.

SA 5994. Mr. HICKENLOOPER \(for himself and Mr. Bennet\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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:

SEC. 1094. ASSESSMENT OF NATIONAL SECURITY IMPACTS OF

RESTRUCTURING THE NATIONAL CENTER FOR

ATMOSPHERIC RESEARCH.

\(a\) Findings.—Congress finds the following:

\(1\) The Department of Defense relies extensively on

foundational atmospheric modeling, predictive analytics, and

basic research of the National Center for Atmospheric

Research \(referred to in this section as the “NCAR”\) to

support global operational weather forecasting, flight and

satellite safety, and strategic mission planning.

\(2\) Any disruption to these interconnected capabilities

risks creating critical gaps in environmental intelligence,

degrading the accuracy of severe weather tracking, and

compromising the operational readiness of advanced national

defense platforms on earth and in space.

\(b\) Report.—

\(1\) In general.—Not later than 180 days after the date of

enactment of this Act, the Secretary of Defense, in

consultation with the Administrator of the National Oceanic

and Atmospheric Administration, shall submit to the

congressional defense committees a report assessing the

national security impacts of a potential dismantling,

restructuring, or divestiture of the capabilities and

infrastructure of the NCAR.

\(2\) Contents.—The report under paragraph \(1\) shall

include—

\(A\) a complete inventory of all current Department of

Defense programs, initiatives, research and development

efforts, and operational workflows that rely on NCAR-

developed models, software frameworks, data streams, or

computational infrastructure;

\(B\) an operational impact assessment detailing how the loss

or degradation of NCAR's specialized assets, including the

atmospheric research aircraft fleet of the NCAR and the NCAR-

Wyoming Supercomputing Center, would affect flight safety,

long-range deployments, and global operations;

\(C\) a detailed analysis of the interagency dependencies

involved, specifically evaluating how a disruption to the

NCAR would impact the ability of the Department of Defense to

integrate next-generation satellite observations into

military weather models;

\(D\) an evaluation of the impacts on national security space

operations and critical defense infrastructure resulting from

any degradation to the solar physics and space weather

forecasting capabilities of the NCAR, with a specific focus

on how disruptions to solar monitoring assets would affect

early-warning timelines for coronal mass ejections,

geomagnetic storms, and solar flares that threaten military

satellite communications, global positioning systems, and

orbital tracking; and

\(E\) recommendations for mitigation strategies or

legislative safeguards necessary to maintain the

uninterrupted continuity of critical environmental

intelligence and to ensure that any civilian agency

restructuring does not inadvertently compromise national

security capabilities or readiness.

SA 5995. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the

following:

SEC. REPORT ON FEASIBILITY OF PILOT PROGRAM ON BEHAVIORAL

NEUROLOGY FELLOWSHIPS.

\(a\) Report.—Not later than 270 days after the date of the

enactment of this Act, the Director of the Defense Health

Agency shall submit to the congressional defense committees a

report on the feasibility of establishing a pilot program

that establishes a behavioral neurology fellowship program to

provide training opportunities with respect to treating

members of the Armed Forces and veterans with traumatic brain

injuries, particularly regarding the intersection of behavior

and traumatic brain injury.

\(b\) Matters Included.—The report on the potential pilot

program under subsection \(a\) shall include evaluations of—

\(1\) the feasibility of the pilot program meeting the

requirements described in subsection \(c\); and

\(2\) potential locations at which to carry out the pilot

program.

\(c\) Requirements Described.—The program requirements

described in this subsection are the following:

\(1\) The pilot program shall include two individuals

selected for a one-year clinical fellowship program under the

pilot program.

\(2\) An individual shall be eligible to hold a fellowship

under the pilot program if the individual, before

participating in the fellowship program—

\(A\) has received a doctorate of medicine or doctorate of

osteopathy from any medical school accredited by the Liaison

Committee on Medical Education; and

\(B\) has completed a residency program in neurology or

psychiatry at an institution accredited by the Accreditation

Council for Graduate Medical Education.

\(3\) An individual shall not be required to be board

certified to hold a fellowship under the pilot program.

\(4\) The pilot program shall seek to allow an individual,

upon completion of the fellowship program, to sit for board

certification in behavioral neurology and neuropsychiatry

offered by the United Council for Neurologic Subspecialties.

\(5\) The fellowship program shall be accredited.

SA 5996. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 771. WORKING GROUP ON DIGITAL STRATEGY FOR TRAUMATIC

BRAIN INJURIES.

\(a\) Establishment.—In accordance with the Warfighter Brain

Health Initiative under section 735 of the James M. Inhofe

National Defense Authorization Act for Fiscal Year 2023

\(Public Law 117-263; 10 U.S.C. 1071 note\), not later than

July 1, 2027, the Assistant Secretary of Defense for Health

Affairs shall establish a working group to develop a digital

health strategy that leverages advances in artificial

intelligence for the treatment of traumatic brain injuries.

\(b\) Membership.—

\(1\) In general.—The Assistant Secretary shall appoint to

the working group under subsection \(a\) members of the Armed

Forces, officers and employees of the Department of Defense,

and nongovernmental experts.

\(2\) Expertise.—Individuals appointed under paragraph \(1\)

to the working group under subsection \(a\) shall have

expertise in clinical care of traumatic brain injuries,

biomedical informatics, biomedical engineering, or biomedical

implementation science.

\(c\) Strategy.—The strategy under subsection \(a\) shall

include, at a minimum, the following:

\(1\) Identification of capability gaps in treatment of

traumatic brain injuries that could be addressed through

artificial intelligence and digital health technologies.

\(2\) An analysis of existing research, development, and

acquisition efforts leveraging artificial intelligence-based

capabilities and digital health, including any applicable

commercial off-the-shelf solutions being used by the

Department of Defense to support treatment of traumatic brain

injuries.

\(3\) Expert recommendations on advances required to address

identified capability gaps and significantly improve

treatment of traumatic brain injuries using artificial

intelligence and digital health technologies.

\(4\) A recommended investment plan to advance technology and

knowledge readiness levels to field digital solutions for

treating traumatic brain injuries.

SA 5997. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the

following:

SEC. . PILOT PROGRAM ON SUPPLY CHAIN VISIBILITY AND

DEVELOPMENT OF STRATEGIC SEMICONDUCTOR

STOCKPILE.

\(a\) Establishment of Pilot Program.—

\(1\) In general.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall

establish a pilot program to assess the feasibility and

advisability of improving supply chain visibility and

developing a strategic semiconductor stockpile.

\(2\) Duration.—The Secretary shall complete the pilot

program required by paragraph \(1\) not later than one year

after the date on which the Secretary commences the pilot

program under such paragraph.

\(b\) Identification and Stockpiling.—

\(1\) Identification of requirements.—Under the pilot

program required by subsection \(a\), the Secretary shall

identify the stockpiling requirements for microelectronic and

semiconductor components required for the production of

critical defense systems.

\(2\) Stockpiling.—The Secretary shall identify critical

defense systems that require uninterrupted production during

crisis, ensure visibility of the supply chain, and stockpile

microelectronic and semiconductor components of a sufficient

quantity and a sufficient quality to meet the needs of the

Department of Defense during periods of international

conflict or other crisis causing disruption to the supply

chains for such microelectronic and semiconductor components

in which the availability of such microelectronic and

semiconductor components through normal supply chains is

reduced.

\(3\) Management of stockpile.—The stockpile under paragraph

\(2\) shall be managed to ensure continued supply as

availability of components changes.

\(c\) Contracts With Private Entities.—

\(1\) In general.—In carrying out the pilot program required

by subsection \(a\), the Secretary shall seek to enter into a

contract with at least one eligible entity under which such

entity shall assess the stockpiling requirements for

microelectronic and semiconductor components under the pilot

program.

\(2\) Eligible entity defined.—In this subsection, the term

“eligible entity” means a private entity that—

\(A\) has a demonstrated history of—

\(i\) working with the Department of Defense; and

\(ii\) complying with the regulations of the Department;

\(B\) maintains a positive past performance history with

multiple contracting entities, including civilian entities

and military agencies;

\(C\) maintains facility security clearances commensurate

with the appropriate level of classified access required to

support the most sensitive efforts of managing, maintaining,

and replenishing the stockpile of microelectronic and

semiconductor components, and sufficient staff in the

continental United States to support such efforts;

\(D\) has completed third party assessments, which verify

that the entity—

\(i\) is compliant with the requirements published by the

National Institute of Standards and Technology in Special

Publication 800-171 \(relating to Protecting Controlled

Unclassified Information in Nonfederal Systems and

Organizations\); and

\(ii\) reports the status of such entity in the Supplier

Performance Risk System of the Department of Defense; and

\(E\) maintains compliance with the standards for

distributors of electronic and semiconductor components set

forth in—

\(i\) the General Requirements for Authorized Distributors of

Commercial and Military Semiconductor Devices, adopted August

2021 \(JESD 31\);

\(ii\) “Fraudulent/Counterfeit Electronic Parts: Avoidance,

Detection, Mitigation, and Disposition—Authorized/Franchise

Distribution” adopted August 2014 \(AS6496\);

\(iii\) “Counterfeit Electronic Parts; Avoidance, Detection,

Mitigation, and Disposition” issued April 2009 \(AS5553\); and

\(iv\) “Quality Management Systems Requirements” adopted

September 2015 \(ISO 9001:2015\).

\(d\) Report and Briefing.—

\(1\) In general.—Not later than 180 days after the date on

which the pilot program is established under subsection \(a\),

the Secretary shall submit to the congressional defense

committees a report that includes—

\(A\) a description of the implementation of the pilot

program; and

\(B\) an assessment of the viability of scaling up the pilot

program, including—

\(i\) an evaluation of the benefits and mission priorities of

developing a stockpile of microelectronics and semiconductor

components; and

\(ii\) a description of any additional resources needed to

scale up the program.

\(2\) Briefing.—The Secretary shall provide the

congressional defense committees a briefing on the report

submitted under paragraph \(1\).

SA 5998. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. \_\_. PUBLIC SAFETY OFFICERS' BENEFIT PROGRAM EXPANSION.

\(a\) Short Title.—This section may be cited as the

“Officer John Barnes and Chief Michael Ansbro Public Safety

Officers' Benefit Program Expansion Act of 2026”.

\(b\) Eligibility Determination for Public Safety Officer

Benefits.—

\(1\) In general.—Section 1205 of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 \(34 U.S.C. 10285\)

is amended—

\(A\) in subsection \(e\)\(2\)\(E\), by inserting “, including

whether the delay is due to the inaction of the claimant or

an agency from which information is required” after “basis

for delay”; and

\(B\) by adding at the end the following:

“\(f\) Notice and Interim Benefits.—

“\(1\) Notice of missing information.—Not later than 90

calendar days after receiving a claim filed under this

subpart, the Bureau shall notify the claimant or the relevant

agency of any missing information required to process the

claim.

“\(2\) Notice of determination.—

“\(A\) In general.—Not later than 270 calendar days after

receiving all information required to process the claim, the

Bureau shall inform the claimant of the Bureau's final,

appealable determination as to the claimant's benefit

eligibility.

“\(B\) Interim benefits as notice.—Provision of interim

benefits under section 1201\(c\) shall be deemed to be notice

under subparagraph \(A\).

“\(3\) Interim benefits.—

“\(A\) Entitlement.—If the Bureau fails to inform a

claimant of the Bureau's determination on or before the date

that is 270 calendar days after receiving all information

required to process the claim, the Bureau shall issue a

single interim benefit payment with respect to the claim,

payable only to—

“\(i\) a claimant whose status as an eligible beneficiary is

undisputed; or

“\(ii\) if beneficiary status remains unresolved, an escrow

or fiduciary account, pending final determination under

section 1201.

“\(B\) Rescission or repayment.—Any interim benefits paid

under this subsection—

“\(i\) shall be credited against any final benefit

determination made under section 1201;

“\(ii\) shall not be subject to recoupment or affirmative

repayment by the Bureau, except in cases of fraud or material

misrepresentation; and

“\(iii\) shall not be construed to create an entitlement to

benefits if the claimant or decedent is determined to be

ineligible under this part.

“\(4\) Rule of construction.—Nothing in this subsection

shall be construed to—

“\(A\) limit the Bureau's authority to deny a claim for

failure to meet statutory eligibility requirements;

“\(B\) alter the determination of eligible beneficiaries

under section 1201; or

“\(C\) require payment of interim benefits to multiple

claimants if the statute authorizes payment to only 1 or more

mutually exclusive beneficiaries.

“\(g\) Outreach.—The Bureau shall—

“\(1\) conduct outreach efforts on an ongoing basis to

ensure that public safety officers and underserved public

agencies are aware of the program under this part, including

outreach efforts for disabled public safety officers; and

“\(2\) include in the outreach efforts under paragraph \(1\)

regular communications with national public safety

organizations, public safety agencies, and organizations

supporting disabled public safety officers and the families

of fallen officers.

“\(h\) Summary of Backlogged Claims.—Not later than 30 days

after publishing the report required under subsection \(e\)\(2\),

the Bureau shall submit a summary of the information required

to be reported under subsection \(e\)\(2\)\(E\) to the Committee on

the Judiciary of the Senate and the Committee on the

Judiciary of the House of Representatives.

“\(i\) Audit of Backlogged Claims.—On an annual basis, the

Comptroller General shall conduct an audit of any pending

claims under this part that were submitted to the Bureau more

than 1 year before the date on which the audit is commenced,

to identify programmatic challenges to the timely processing

of death, disability, and educational assistance claims. As

part of the audit, the Comptroller General shall also

review—

“\(1\) where the claim is in the determination process;

“\(2\) the reasons for delay, including any processes, such

as legal review, that prevent timely processing of claims;

“\(3\) whether the agency has used its subpoena authority

for the claims;

“\(4\) the frequency of outreach to the claimant and efforts

to evaluate and improve the effectiveness of outreach and

claims assistance efforts;

“\(5\) the efforts of the Bureau of Justice Assistance to

implement a claims processing manual to ensure consistency

across staff in determining claims; and

“\(6\) efforts to evaluate and improve the effectiveness of

outreach and claims assistance efforts.”.

\(2\) Subpoena requirement.—Section 1206\(b\) of the Omnibus

Crime Control and Safe Streets Act of 1968 \(34 U.S.C.

10288\(b\)\) is amended—

\(A\) in paragraph \(1\)\(B\), by striking “and” at the end;

\(B\) in paragraph \(2\), by striking the period at the end and

inserting “; and”; and

\(C\) by adding at the end the following:

“\(3\) with respect to information or documentation in the

possession of a public agency that the Bureau has determined

is necessary to adjudicate the claim that the public agency

has failed to provide by the date that is 30 days after the

date of the Bureau's or the claimant's request to provide the

information or documentation, shall issue a subpoena to the

public agency to obtain the information or documentation,

unless the Bureau has approved an extension not exceeding 60

days.”.

\(3\) Definitions.—

\(A\) In general.—Section 1204 of the Omnibus Crime Control

and Safe Streets Act of 1968 \(34 U.S.C. 10284\) is amended—

\(i\) in paragraph \(4\)\(B\)\(ii\), by striking “parapalegic”

and inserting “paraplegic”;

\(ii\) by redesignating paragraphs \(8\) through \(14\) as

paragraphs \(9\) through \(15\), respectively; and

\(iii\) by inserting after paragraph \(7\) the following:

“\(8\) \`gainful work' means gainful work activity, as

defined in section 32.23 of title 28, Code of Federal

Regulations, or successor regulation;”.

\(B\) Conforming amendments.—

\(i\) Internal revenue code.—Section 402\(l\)\(4\)\(C\) of the

Internal Revenue Code of 1986 is amended—

\(I\) by striking “section 1204\(9\)\(A\)” and inserting

“section 1204\(14\)\(A\)”; and

\(II\) by striking “\(42 U.S.C. 3796b\(9\)\(A\)\)” and inserting

“\(34 U.S.C. 10284\(14\)\(A\)”.

\(ii\) Title 28.—Section 1863\(b\)\(5\)\(B\) of title 28, United

States Code, is amended by striking “section 1203\(6\)” and

inserting “section 1204”.

\(c\) Expedited Payment for VCF or WTCHP Determinations.—

Section 1205\(b\) of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 \(34 U.S.C. 10285\(b\)\) is amended by

adding at the end the following:

“\(4\) In making determinations under section 1201\(a\), the

Bureau shall, absent clear and convincing evidence to the

contrary, as determined by the Bureau, approve any claim if

the September 11th Victim Compensation Fund of 2001 \(49

U.S.C. 40101 note; Public Law 107-42\) \(commonly referred to

as the \`VCF'\) or the World Trade Center Health Program under

title XXXIII of the Public Health Service Act \(42 U.S.C.

300mm et seq.\) provides a certification of facts that—

“\(A\) the claim is eligible for death benefits under the

Victim Compensation Fund; or

“\(B\) the cause of claimant's death is a World Trade Center

Health Program-related condition.”.

\(d\) Implementation of Certain GAO Recommendations.—Not

later than 180 days after the date of enactment of this Act,

the Attorney General shall ensure that the Director of the

Bureau of Justice Assistance implements the recommendations

provided in the report of the Government Accountability

Office entitled “Public Safety Officers' Benefits Program:

Transparency, Claims Assistance, and Program Management

Improvements Needed” \(GAO-24-105549\), published on September

27, 2024.

SA 5999. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1\_\_. SENSE OF CONGRESS RELATING TO CONTRACTING

PREFERENCES FOR NATIVE AMERICAN BUSINESSES.

It is the sense of Congress that the Department of Defense

shall uphold the obligation of the Department to implement

Federal contracting preference programs for entity-owned

Native American businesses, including businesses owned by

Tribal organizations, Alaska Native Corporations, and Native

Hawaiian organizations, including through the business

development program under section 8\(a\) of the Small Business

Act \(15 U.S.C. 637\(a\)\).

SA 6000. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1\_\_. SENSE OF CONGRESS RELATING TO INDIAN TRIBES AND

NATIVE HAWAIIANS.

It is the sense of Congress that the United States,

including the Trump Administration, shall uphold the Federal

trust and treaty responsibilities to Indian Tribes and

Federal obligations to the Native Hawaiian community,

including by—

\(1\) upholding treaty rights, reserved rights, and any other

rights and obligations under Federal law;

\(2\) supporting self-determination efforts by Native

communities;

\(3\) fulfilling obligations under presidential memoranda and

Executive orders; and

\(4\) conducting—

\(A\) early and robust government-to-government consultation

with Indian Tribes; and

\(B\) meaningful outreach and engagement with Native

Hawaiians.

SA 6001. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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:

SEC. 1094. REPORT ON THE NATIONAL SECURITY IMPORTANCE OF THE

NATIONAL CENTER FOR ATMOSPHERIC RESEARCH.

\(a\) Findings.—Congress finds the following:

\(1\) Extreme weather, geomagnetic storms, and atmospheric

variability pose severe, difficult to predict threats to

Department of Defense installations, global military

logistics, and troop readiness.

\(2\) The National Center for Atmospheric Research \(referred

to in this section as “NCAR”\) serves as a critical national

security asset by providing advanced atmospheric modeling,

space weather forecasting, and supercomputing capabilities

that are directly utilized by the Air Force Weather Agency,

the National Oceanic and Atmospheric Administration, the

intelligence community, the Naval Meteorology and

Oceanography Command, and the 45th Weather Squadron of the

Space Force.

\(3\) NCAR's flagship infrastructure, including the Mesa

Laboratory in Boulder, Colorado, and the NCAR-Wyoming

Supercomputing Center, provides the foundational

computational physics necessary to simulate complex

battlefield environments, ensure satellite communications

integrity, and protect domestic defense infrastructure.

\(4\) Fragmentation, divestment, or arbitrary, politically-

motivated structural changes to NCAR's unified facilities

would create critical gaps in United States weather

intelligence, directly undermining the tactical advantages of

the Armed Forces.

\(b\) Report.—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 Oceanic

and Atmospheric Administration, shall submit to the

congressional defense committees a report assessing the

Department of Defense's reliance on the capabilities of NCAR.

\(c\) Elements.—The report required under subsection \(b\)

shall include the following:

\(1\) An evaluation of how Department of Defense predictive

weather models and space weather forecasting rely on NCAR-

developed community models and supercomputing infrastructure.

\(2\) An evaluation of the impact of NCAR-developed

environmental intelligence and forecasting infrastructure on

tactical troop safety, including an assessment of how the

degradation or disruption of such infrastructure could

increase risks to service members during—

\(A\) live-fire training exercises, munitions-handling, and

fueling operations;

\(B\) high-altitude aviation and low-altitude helicopter

operations in degraded visual environments; and

\(C\) deployments in areas subject to extreme weather, severe

turbulence, or microburst wind shear.

\(3\) A risk assessment of the potential impacts on military

installations, aviation safety, and naval operations if NCAR

facilities, including the Mesa Laboratory and the NCAR-

Wyoming Supercomputing Center, face structural divestment,

fragmentation, or closure.

\(4\) A description of any specialized research aircraft or

observational platforms operated by NCAR that support

Department of Defense test and evaluation missions.

\(d\) Form.—The report required by subsection \(b\) shall be

submitted in unclassified form, but may include a classified

annex.

SA 6002. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E—COLORADO OUTDOOR RECREATION AND ECONOMY ACT

SEC. 5001. SHORT TITLE.

This division may be cited as the “Colorado Outdoor

Recreation and Economy Act”.

SEC. 5002. DEFINITION OF STATE.

In this division, the term “State” means the State of

Colorado.

TITLE I—CONTINENTAL DIVIDE

SEC. 5101. DEFINITIONS.

In this title:

\(1\) Covered area.—The term “covered area” means any area

designated as wilderness by the amendments to section 2\(a\) of

the Colorado Wilderness Act of 1993 \(16 U.S.C. 1132 note;

Public Law 103-77\) made by section 5102\(a\).

\(2\) Secretary.—The term “Secretary” means the Secretary

of Agriculture.

\(3\) Wildlife conservation area.—The term “Wildlife

Conservation Area” means, as applicable—

\(A\) the Porcupine Gulch Wildlife Conservation Area

designated by section 5104\(a\);

\(B\) the Williams Fork Mountains Wildlife Conservation Area

designated by section 5105\(a\); and

\(C\) the Spraddle Creek Wildlife Conservation Area

designated by section 5106\(a\).

SEC. 5102. COLORADO WILDERNESS ADDITIONS.

\(a\) Designation.—Section 2\(a\) of the Colorado Wilderness

Act of 1993 \(16 U.S.C. 1132 note; Public Law 103-77\) is

amended—

\(1\) in paragraph \(18\), by striking “1993,” and inserting

“1993, and certain Federal land within the White River

National Forest that comprises approximately 6,896 acres, as

generally depicted as \`Proposed Ptarmigan Peak Wilderness

Additions' on the map entitled \`Proposed Ptarmigan Peak

Wilderness Additions' and dated June 24, 2019,”; and

\(2\) by adding at the end the following:

“\(23\) Holy cross wilderness addition.—Certain Federal

land within the White River National Forest that comprises

approximately 3,866 acres, as generally depicted as \`Proposed

Megan Dickie Wilderness Addition' on the map entitled \`Holy

Cross Wilderness Addition Proposal' and dated June 24, 2019,

which shall be incorporated into, and managed as part of, the

Holy Cross Wilderness designated by section 102\(a\)\(5\) of

Public Law 96-560 \(94 Stat. 3266\).

“\(24\) Hoosier ridge wilderness.—Certain Federal land

within the White River National Forest that comprises

approximately 5,235 acres, as generally depicted as \`Proposed

Hoosier Ridge Wilderness' on the map entitled \`Tenmile

Proposal' and dated May 1, 2023, which shall be known as the

\`Hoosier Ridge Wilderness'.

“\(25\) Tenmile wilderness.—Certain Federal land within the

White River National Forest that comprises approximately

7,624 acres, as generally depicted as \`Proposed Tenmile

Wilderness' on the map entitled \`Tenmile Proposal' and dated

May 1, 2023, which shall be known as the \`Tenmile

Wilderness'.

“\(26\) Eagles nest wilderness additions.—Certain Federal

land within the White River National Forest that comprises

approximately 7,634 acres, as generally depicted as \`Proposed

Freeman Creek Wilderness Addition' and \`Proposed Spraddle

Creek Wilderness Addition' on the map entitled \`Eagles Nest

Wilderness Additions Proposal' and dated April 26, 2022,

which shall be incorporated into, and managed as part of, the

Eagles Nest Wilderness designated by Public Law 94-352 \(90

Stat. 870\).”.

\(b\) Applicable Law.—Any reference in the Wilderness Act

\(16 U.S.C. 1131 et seq.\) to the effective date of that Act

shall be considered to be a reference to the date of

enactment of this Act for purposes of administering a covered

area.

\(c\) Fire, Insects, and Diseases.—In accordance with

section 4\(d\)\(1\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\),

the Secretary may carry out any activity in a covered area

that the Secretary determines to be necessary for the control

of fire, insects, and diseases, subject to such terms and

conditions as the Secretary determines to be appropriate.

\(d\) Grazing.—The grazing of livestock on a covered area,

if established before the date of enactment of this Act,

shall be permitted to continue subject to such reasonable

regulations as are considered to be necessary by the

Secretary, in accordance with—

\(1\) section 4\(d\)\(4\) of the Wilderness Act \(16 U.S.C.

1133\(d\)\(4\)\); and

\(2\) the guidelines set forth in the report of the Committee

on Interior and Insular Affairs of the House of

Representatives accompanying H.R. 5487 of the 96th Congress

\(H. Rept. 96-617\).

\(e\) Coordination.—For purposes of administering the

Federal land designated as wilderness by paragraph \(26\) of

section 2\(a\) of the Colorado Wilderness Act of 1993 \(16

U.S.C. 1132 note; Public Law 103-77\) \(as added by subsection

\(a\)\(2\)\), the Secretary shall, as determined to be appropriate

for the protection of watersheds, coordinate the activities

of the Secretary in response to fires and flooding events

with interested State and local agencies.

SEC. 5103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.

\(a\) Designation.—In furtherance of the purposes of the

Wilderness Act \(16 U.S.C. 1131 et seq.\), certain Federal land

in the White River National Forest in the State, comprising

approximately 8,036 acres, as generally depicted as

“Proposed Williams Fork Mountains Wilderness” on the map

entitled “Williams Fork Mountains Proposal” and dated June

24, 2019, is designated as a potential wilderness area.

\(b\) Management.—Subject to valid existing rights and

except as provided in subsection \(d\), the potential

wilderness area designated by subsection \(a\) shall be managed

in accordance with—

\(1\) the Wilderness Act \(16 U.S.C. 1131 et seq.\); and

\(2\) this section.

\(c\) Livestock Use of Vacant Allotments.—

\(1\) In general.—Not later than 3 years after the date of

enactment of this Act, in accordance with applicable laws

\(including regulations\), the Secretary shall publish a

determination regarding whether to authorize livestock

grazing or other use by livestock on the vacant allotments

known as—

\(A\) the “Big Hole Allotment”; and

\(B\) the “Blue Ridge Allotment”.

\(2\) Modification of allotments.—In publishing a

determination pursuant to paragraph \(1\), the Secretary may

modify or combine the vacant allotments referred to in that

paragraph.

\(3\) Permit or other authorization.—Not later than 1 year

after the date on which a determination of the Secretary to

authorize livestock grazing or other use by livestock is

published under paragraph \(1\), if applicable, the Secretary

shall grant a permit or other authorization for that

livestock grazing or other use in accordance with applicable

laws \(including regulations\).

\(d\) Range Improvements.—

\(1\) In general.—If the Secretary permits livestock grazing

or other use by livestock on the potential wilderness area

under subsection \(c\), the Secretary, or a third party

authorized by the Secretary, may use motorized or mechanized

transport or equipment for purposes of constructing or

rehabilitating such range improvements as are necessary to

obtain appropriate livestock management objectives \(including

habitat and watershed restoration\).

\(2\) Termination of authority.—The authority provided by

this subsection terminates on the date that is 2 years after

the date on which the Secretary publishes a positive

determination under subsection \(c\)\(3\).

\(e\) Designation as Wilderness.—

\(1\) Designation.—The potential wilderness area designated

by subsection \(a\) shall be designated as wilderness, to be

known as the “Williams Fork Mountains Wilderness”—

\(A\) effective not earlier than the date that is 180 days

after the date of enactment this Act; and

\(B\) on the earliest of—

\(i\) the date on which the Secretary publishes in the

Federal Register a notice that the construction or

rehabilitation of range improvements under subsection \(d\) is

complete;

\(ii\) the date described in subsection \(d\)\(2\); and

\(iii\) the effective date of a determination of the

Secretary not to authorize livestock grazing or other use by

livestock under subsection \(c\)\(1\).

\(2\) Administration.—Subject to valid existing rights, the

Secretary shall manage the Williams Fork Mountains Wilderness

in accordance with the Colorado Wilderness Act of 1993 \(16

U.S.C. 1132 note; Public Law 103-77\), except that any

reference in that Act to the effective date of that Act shall

be considered to be a reference to the date on which the

Williams Fork Mountains Wilderness is designated in

accordance with paragraph \(1\).

SEC. 5104. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.

\(a\) Designation.—Subject to valid existing rights, the

approximately 8,287 acres of Federal land located in the

White River National Forest, as generally depicted as

“Proposed Porcupine Gulch Wildlife Conservation Area” on

the map entitled “Porcupine Gulch Wildlife Conservation Area

Proposal” and dated June 24, 2019, are designated as the

“Porcupine Gulch Wildlife Conservation Area” \(referred to

in this section as the “Wildlife Conservation Area”\).

\(b\) Purposes.—The purposes of the Wildlife Conservation

Area are—

\(1\) to conserve and protect a wildlife migration corridor

over Interstate 70; and

\(2\) to conserve, protect, and enhance for the benefit and

enjoyment of present and future generations the wildlife,

scenic, roadless, watershed, and ecological resources of the

Wildlife Conservation Area.

\(c\) Management.—

\(1\) In general.—The Secretary shall manage the Wildlife

Conservation Area—

\(A\) in a manner that conserves, protects, and enhances the

purposes described in subsection \(b\); and

\(B\) in accordance with—

\(i\) the Forest and Rangeland Renewable Resources Planning

Act of 1974 \(16 U.S.C. 1600 et seq.\);

\(ii\) any other applicable laws \(including regulations\); and

\(iii\) this section.

\(2\) Uses.—

\(A\) In general.—The Secretary shall only allow such uses

of the Wildlife Conservation Area as the Secretary determines

would further the purposes described in subsection \(b\).

\(B\) Recreation.—The Secretary may permit such recreational

activities in the Wildlife Conservation Area that the

Secretary determines are consistent with the purposes

described in subsection \(b\).

\(C\) Motorized vehicles and mechanized transport; new or

temporary roads.—

\(i\) Motorized vehicles and mechanized transport.—Except as

provided in clause \(iii\), the use of motorized vehicles and

mechanized transport in the Wildlife Conservation Area shall

be prohibited.

\(ii\) New or temporary roads.—Except as provided in clause

\(iii\) and subsection \(e\), no new or temporary road shall be

constructed within the Wildlife Conservation Area.

\(iii\) Exceptions.—Nothing in clause \(i\) or \(ii\) prevents

the Secretary from—

\(I\) authorizing the use of motorized vehicles or mechanized

transport for administrative purposes;

\(II\) constructing temporary roads or permitting the use of

motorized vehicles or mechanized transport to carry out pre-

or post-fire watershed protection projects;

\(III\) authorizing the use of motorized vehicles or

mechanized transport to carry out activities described in

subsection \(d\) or \(e\); or

\(IV\) responding to an emergency.

\(D\) Commercial timber.—

\(i\) In general.—Subject to clause \(ii\), no project shall

be carried out in the Wildlife Conservation Area for the

purpose of harvesting commercial timber.

\(ii\) Limitation.—Nothing in clause \(i\) prevents the

Secretary from harvesting or selling a merchantable product

that is a byproduct of an activity authorized under this

section.

\(d\) Fire, Insects, and Diseases.—The Secretary may carry

out any activity, in accordance with applicable laws

\(including regulations\), that the Secretary determines to be

necessary to manage wildland fire and treat hazardous fuels,

insects, and diseases in the Wildlife Conservation Area,

subject to such terms and conditions as the Secretary

determines to be appropriate.

\(e\) Regional Transportation Projects.—Nothing in this

section or section 5110\(f\) precludes the Secretary from

authorizing, in accordance with applicable laws \(including

regulations\) and subject to valid existing rights, the use of

the subsurface of the Wildlife Conservation Area to

construct, realign, operate, or maintain regional

transportation projects, including Interstate 70 and the

Eisenhower-Johnson Tunnels.

\(f\) Water.—Section 3\(e\) of the James Peak Wilderness and

Protection Area Act \(Public Law 107-216; 116 Stat. 1058\)

shall apply to the Wildlife Conservation Area.

SEC. 5105. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION

AREA.

\(a\) Designation.—Subject to valid existing rights, the

approximately 3,528 acres of Federal land in the White River

National Forest in the State, as generally depicted as

“Proposed Williams Fork Mountains Wildlife Conservation

Area” on the map entitled “Williams Fork Mountains

Proposal” and dated June 24, 2019, are designated as the

“Williams Fork Mountains Wildlife Conservation Area”

\(referred to in this section as the “Wildlife Conservation

Area”\).

\(b\) Purposes.—The purposes of the Wildlife Conservation

Area are to conserve, protect, and enhance for the benefit

and enjoyment of present and future generations the wildlife,

scenic, roadless, watershed, recreational, and ecological

resources of the Wildlife Conservation Area.

\(c\) Management.—

\(1\) In general.—The Secretary shall manage the Wildlife

Conservation Area—

\(A\) in a manner that conserves, protects, and enhances the

purposes described in subsection \(b\); and

\(B\) in accordance with—

\(i\) the Forest and Rangeland Renewable Resources Planning

Act of 1974 \(16 U.S.C. 1600 et seq.\);

\(ii\) any other applicable laws \(including regulations\); and

\(iii\) this section.

\(2\) Uses.—

\(A\) In general.—The Secretary shall only allow such uses

of the Wildlife Conservation Area as the Secretary determines

would further the purposes described in subsection \(b\).

\(B\) Motorized vehicles.—

\(i\) In general.—Except as provided in clause \(iii\), the

use of motorized vehicles in the Wildlife Conservation Area

shall be limited to designated roads and trails.

\(ii\) New or temporary roads.—Except as provided in clause

\(iii\), no new or temporary road shall be constructed in the

Wildlife Conservation Area.

\(iii\) Exceptions.—Nothing in clause \(i\) or \(ii\) prevents

the Secretary from—

\(I\) authorizing the use of motorized vehicles for

administrative purposes;

\(II\) authorizing the use of motorized vehicles to carry out

activities described in subsection \(d\); or

\(III\) responding to an emergency.

\(C\) Bicycles.—The use of bicycles in the Wildlife

Conservation Area shall be limited to designated roads and

trails.

\(D\) Commercial timber.—

\(i\) In general.—Subject to clause \(ii\), no project shall

be carried out in the Wildlife Conservation Area for the

purpose of harvesting commercial timber.

\(ii\) Limitation.—Nothing in clause \(i\) prevents the

Secretary from harvesting or selling a merchantable product

that is a byproduct of an activity authorized under this

section.

\(E\) Grazing.—The laws \(including regulations\) and policies

followed by the Secretary in issuing and administering

grazing permits or leases on land under the jurisdiction of

the Secretary shall continue to apply with regard to the land

in the Wildlife Conservation Area, consistent with the

purposes described in subsection \(b\).

\(d\) Fire, Insects, and Diseases.—The Secretary may carry

out any activity, in accordance with applicable laws

\(including regulations\), that the Secretary determines to be

necessary to manage wildland fire and treat hazardous fuels,

insects, and diseases in the Wildlife Conservation Area,

subject to such terms and conditions as the Secretary

determines to be appropriate.

\(e\) Water.—Section 3\(e\) of the James Peak Wilderness and

Protection Area Act \(Public Law 107-216; 116 Stat. 1058\)

shall apply to the Wildlife Conservation Area.

SEC. 5106. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.

\(a\) Designation.—Subject to valid existing rights, the

approximately 2,674 acres of Federal land in the White River

National Forest in the State, as generally depicted as

“Proposed Spraddle Creek Wildlife Conservation Area” on the

map entitled “Eagles Nest Wilderness Additions Proposal”

and dated April 26, 2022, are designated as the “Spraddle

Creek Wildlife Conservation Area” \(referred to in this

section as the “Wildlife Conservation Area”\).

\(b\) Purposes.—The purposes of the Wildlife Conservation

Area are to conserve, protect, and enhance for the benefit

and enjoyment of present and future generations the wildlife,

scenic, roadless, watershed, recreational, and ecological

resources of the Wildlife Conservation Area.

\(c\) Management.—

\(1\) In general.—The Secretary shall manage the Wildlife

Conservation Area—

\(A\) in a manner that conserves, protects, and enhances the

purposes described in subsection \(b\); and

\(B\) in accordance with—

\(i\) the Forest and Rangeland Renewable Resources Planning

Act of 1974 \(16 U.S.C. 1600 et seq.\);

\(ii\) any other applicable laws \(including regulations\); and

\(iii\) this title.

\(2\) Uses.—

\(A\) In general.—The Secretary shall only allow such uses

of the Wildlife Conservation Area as the Secretary determines

would further the purposes described in subsection \(b\).

\(B\) Motorized vehicles and mechanized transport.—Except as

necessary for administrative purposes or to respond to an

emergency, the use of motorized vehicles and mechanized

transport in the Wildlife Conservation Area shall be

prohibited.

\(C\) Roads.—

\(i\) In general.—Except as provided in clause \(ii\), no road

shall be constructed in the Wildlife Conservation Area.

\(ii\) Exceptions.—Nothing in clause \(i\) prevents the

Secretary from—

\(I\) constructing a temporary road as the Secretary

determines to be necessary as a minimum requirement for

carrying out a vegetation management project in the Wildlife

Conservation Area; or

\(II\) responding to an emergency.

\(iii\) Decommissioning of temporary roads.—Not later than 3

years after the date on which the applicable vegetation

management project is completed, the Secretary shall

decommission any temporary road constructed under clause

\(ii\)\(I\) for the applicable vegetation management project.

\(D\) Commercial timber.—

\(i\) In general.—Subject to clause \(ii\), no project shall

be carried out in the Wildlife Conservation Area for the

purpose of harvesting commercial timber.

\(ii\) Limitation.—Nothing in clause \(i\) prevents the

Secretary from harvesting or selling a merchantable product

that is a byproduct of an activity authorized in the Wildlife

Conservation Area under this section.

\(d\) Fire, Insects, and Diseases.—The Secretary may carry

out any activity, in accordance with applicable laws

\(including regulations\), that the Secretary determines to be

necessary to manage wildland fire and treat hazardous fuels,

insects, and diseases in the Wildlife Conservation Area,

subject to such terms and conditions as the Secretary

determines to be appropriate.

\(e\) Water.—Section 3\(e\) of the James Peak Wilderness and

Protection Area Act \(Public Law 107-216; 116 Stat. 1058\)

shall apply to the Wildlife Conservation Area.

SEC. 5107. SANDY TREAT OVERLOOK.

The interpretive site located beside United States Route 24

within the Camp Hale-Continental Divide National Monument, at

39.431N 106.323W, is designated as the “Sandy Treat

Overlook”.

SEC. 5108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.

\(a\) In General.—The boundary of the White River National

Forest is modified to include the approximately 120 acres

comprised of the SW\\1/4\\, the SE\\1/4\\, and the NE\\1/4\\ of the

SE\\1/4\\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian,

in Summit County in the State.

\(b\) Land and Water Conservation Fund.—For purposes of

section 200306 of title 54, United States Code, the

boundaries of the White River National Forest, as modified by

subsection \(a\), shall be considered to be the boundaries of

the White River National Forest as in existence on January 1,

1965.

SEC. 5109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS

BOUNDARY ADJUSTMENT.

\(a\) Purpose.—The purpose of this section is to provide for

the ongoing maintenance and use of portions of the Trail

River Ranch and the associated property located within Rocky

Mountain National Park in Grand County in the State.

\(b\) Boundary Adjustment.—Section 1952\(b\) of the Omnibus

Public Land Management Act of 2009 \(Public Law 111-11; 123

Stat. 1070\) is amended by adding at the end the following:

“\(3\) Boundary adjustment.—The boundary of the Potential

Wilderness is modified to exclude the area comprising

approximately 15.5 acres of land identified as \`Potential

Wilderness to Non-wilderness' on the map entitled \`Rocky

Mountain National Park Proposed Wilderness Area Amendment'

and dated January 16, 2018.”.

SEC. 5110. ADMINISTRATIVE PROVISIONS.

\(a\) Fish and Wildlife.—Nothing in this title affects the

jurisdiction or responsibility of the State with respect to

fish and wildlife in the State.

\(b\) No Buffer Zones.—

\(1\) In general.—Nothing in this title or an amendment made

by this title establishes a protective perimeter or buffer

zone around—

\(A\) a covered area;

\(B\) a wilderness area or potential wilderness area

designated by section 5103; or

\(C\) a Wildlife Conservation Area.

\(2\) Outside activities.—The fact that a nonwilderness

activity or use on land outside of an area described in

paragraph \(1\) can be seen or heard from within the applicable

area described in paragraph \(1\) shall not preclude the

activity or use outside the boundary of the applicable area

described in paragraph \(1\).

\(c\) Tribal Rights and Uses.—

\(1\) Treaty rights.—Nothing in this title affects the

treaty rights of an Indian Tribe.

\(2\) Traditional tribal uses.—Subject to any terms and

conditions that the Secretary determines to be necessary and

in accordance with applicable law, the Secretary shall allow

for the continued use of the areas described in subsection

\(b\)\(1\) by members of Indian Tribes—

\(A\) for traditional ceremonies; and

\(B\) as a source of traditional plants and other materials.

\(d\) Maps and Legal Descriptions.—

\(1\) In general.—As soon as practicable after the date of

enactment of this Act, the Secretary shall prepare maps and

legal descriptions of each area described in subsection

\(b\)\(1\) with—

\(A\) the Committee on Natural Resources of the House of

Representatives; and

\(B\) the Committee on Energy and Natural Resources of the

Senate.

\(2\) Force of law.—Each map and legal description prepared

under paragraph \(1\) shall have the same force and effect as

if included in this title, except that the Secretary may—

\(A\) correct any typographical errors in the maps and legal

descriptions; and

\(B\) in consultation with the State, make minor adjustments

to the boundaries of the Porcupine Gulch Wildlife

Conservation Area designated by section 5104\(a\) and the

Williams Fork Mountains Wildlife Conservation Area designated

by section 5105\(a\) to account for potential highway or

multimodal transportation system construction, safety

measures, maintenance, realignment, or widening.

\(3\) Public availability.—Each map and legal description

prepared under paragraph \(1\) shall be on file and available

for public inspection in the appropriate offices of the

Forest Service.

\(e\) Acquisition of Land.—

\(1\) In general.—The Secretary may acquire any land or

interest in land within the boundaries of an area described

in subsection \(b\)\(1\) by donation, purchase from a willing

seller, or exchange.

\(2\) Management.—Any land or interest in land acquired

under paragraph \(1\) shall be incorporated into, and

administered as a part of, the wilderness area or Wildlife

Conservation Area, as applicable, in which the land or

interest in land is located.

\(f\) Withdrawal.—Subject to valid existing rights, the

areas described in subsection \(b\)\(1\) are withdrawn from—

\(1\) entry, appropriation, and disposal under the public

land laws;

\(2\) location, entry, and patent under mining laws; and

\(3\) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

\(g\) Military Overflights.—Nothing in this title or an

amendment made by this title restricts or precludes—

\(1\) any low-level overflight of military aircraft over any

area subject to this title or an amendment made by this

title, including military overflights that can be seen,

heard, or detected within such an area;

\(2\) flight testing or evaluation over an area described in

paragraph \(1\); or

\(3\) the use or establishment of—

\(A\) any new unit of special use airspace over an area

described in paragraph \(1\); or

\(B\) any military flight training or transportation over

such an area.

\(h\) Sense of Congress.—It is the sense of Congress that

military aviation training on Federal public land in the

State, including the training conducted at the High-Altitude

Army National Guard Aviation Training Site, is critical to

the national security of the United States and the readiness

of the Armed Forces.

TITLE II—SAN JUAN MOUNTAINS

SEC. 5201. DEFINITIONS.

In this title:

\(1\) Covered land.—The term “covered land” means—

\(A\) land designated as wilderness under paragraphs \(27\)

through \(29\) of section 2\(a\) of the Colorado Wilderness Act

of 1993 \(16 U.S.C. 1132 note; Public Law 103-77\) \(as added by

section 5202\); and

\(B\) a Special Management Area.

\(2\) Secretary.—The term “Secretary” means the Secretary

of Agriculture.

\(3\) Special management area.—The term “Special Management

Area” means each of—

\(A\) the Sheep Mountain Special Management Area designated

by section 5203\(a\)\(1\); and

\(B\) the Liberty Bell East Special Management Area

designated by section 5203\(a\)\(2\).

SEC. 5202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION

SYSTEM.

Section 2\(a\) of the Colorado Wilderness Act of 1993 \(16

U.S.C. 1132 note; Public Law 103-77\) \(as amended by section

5102\(a\)\(2\)\) is amended by adding at the end the following:

“\(27\) Lizard head wilderness addition.—Certain Federal

land in the Grand Mesa, Uncompahgre, and Gunnison National

Forests comprising approximately 3,141 acres, as generally

depicted on the map entitled \`Proposed Wilson, Sunshine,

Black Face and San Bernardo Additions to the Lizard Head

Wilderness' and dated September 6, 2018, which is

incorporated in, and shall be administered as part of, the

Lizard Head Wilderness.

“\(28\) Mount sneffels wilderness additions.—

“\(A\) Liberty bell and last dollar additions.—Certain

Federal land in the Grand Mesa, Uncompahgre, and Gunnison

National Forests comprising approximately 7,235 acres, as

generally depicted on the map entitled \`Proposed Liberty Bell

and Last Dollar Additions to the Mt. Sneffels Wilderness,

Liberty Bell East Special Management Area'

and dated September 6, 2018, which is incorporated in, and

shall be administered as part of, the Mount Sneffels

Wilderness.

“\(B\) Whitehouse additions.—Certain Federal land in the

Grand Mesa, Uncompahgre, and Gunnison National Forests

comprising approximately 12,465 acres, as generally depicted

on the map entitled \`Proposed Whitehouse Additions to the Mt.

Sneffels Wilderness' and dated September 6, 2018, which is

incorporated in, and shall be administered as part of, the

Mount Sneffels Wilderness.

“\(29\) Mckenna peak wilderness.—Certain Federal land in

the State of Colorado comprising approximately 8,884 acres of

Bureau of Land Management land, as generally depicted on the

map entitled \`Proposed McKenna Peak Wilderness Area' and

dated September 18, 2018, to be known as the \`McKenna Peak

Wilderness'.”.

SEC. 5203. SPECIAL MANAGEMENT AREAS.

\(a\) Designation.—

\(1\) Sheep mountain special management area.—The Federal

land in the Grand Mesa, Uncompahgre, and Gunnison and San

Juan National Forests in the State comprising approximately

21,663 acres, as generally depicted on the map entitled

“Proposed Sheep Mountain Special Management Area” and dated

September 19, 2018, is designated as the “Sheep Mountain

Special Management Area”.

\(2\) Liberty bell east special management area.—The Federal

land in the Grand Mesa, Uncompahgre, and Gunnison National

Forests in the State comprising approximately 792 acres, as

generally depicted on the map entitled “Proposed Liberty

Bell and Last Dollar Additions to the Mt. Sneffels

Wilderness, Liberty Bell East Special Management Area” and

dated September 6, 2018, is designated as the “Liberty Bell

East Special Management Area”.

\(b\) Purpose.—The purpose of the Special Management Areas

is to conserve and protect for the benefit and enjoyment of

present and future generations the geological, cultural,

archaeological, paleontological, natural, scientific,

recreational, wilderness, wildlife, riparian, historical,

educational, and scenic resources of the Special Management

Areas.

\(c\) Management.—

\(1\) In general.—The Secretary shall manage the Special

Management Areas in a manner that—

\(A\) conserves, protects, and enhances the resources and

values of the Special Management Areas described in

subsection \(b\);

\(B\) subject to paragraph \(3\), maintains or improves the

wilderness character of the Special Management Areas and the

suitability of the Special Management Areas for potential

inclusion in the National Wilderness Preservation System; and

\(C\) is in accordance with—

\(i\) the National Forest Management Act of 1976 \(16 U.S.C.

1600 et seq.\);

\(ii\) this title; and

\(iii\) any other applicable laws.

\(2\) Prohibitions.—The following shall be prohibited in the

Special Management Areas:

\(A\) Permanent roads.

\(B\) Except as necessary to meet the minimum requirements

for the administration of the Federal land, to provide access

for abandoned mine cleanup, and to protect public health and

safety—

\(i\) the use of motor vehicles, motorized equipment, or

mechanical transport \(other than as provided in paragraph

\(3\)\); and

\(ii\) the establishment of temporary roads.

\(3\) Authorized activities.—

\(A\) In general.—The Secretary may allow any activities

\(including helicopter access for recreation and maintenance

and the competitive running event permitted since 1992\) that

have been authorized by permit or license as of the date of

enactment of this Act to continue within the Special

Management Areas, subject to such terms and conditions as the

Secretary may require.

\(B\) Permitting.—The designation of the Special Management

Areas by subsection \(a\) shall not affect the issuance of

permits relating to the activities covered under subparagraph

\(A\) after the date of enactment of this Act.

\(C\) Bicycles.—The Secretary may permit the use of bicycles

in—

\(i\) the portion of the Sheep Mountain Special Management

Area identified as “Ophir Valley Area” on the map entitled

“Proposed Sheep Mountain Special Management Area” and dated

September 19, 2018; and

\(ii\) the portion of the Liberty Bell East Special

Management Area identified as “Liberty Bell Corridor” on

the map entitled “Proposed Liberty Bell and Last Dollar

Additions to the Mt. Sneffels Wilderness, Liberty Bell East

Special Management Area” and dated September 6, 2018.

\(d\) Applicable Law.—Water and water rights in the Special

Management Areas shall be administered in accordance with

section 8 of the Colorado Wilderness Act of 1993 \(Public Law

103-77; 107 Stat. 762\), except that, for purposes of this

title—

\(1\) any reference contained in that section to “the lands

designated as wilderness by this Act”, “the Piedra,

Roubideau, and Tabeguache areas identified in section 9 of

this Act, or the Bowen Gulch Protection Area or the Fossil

Ridge Recreation Management Area identified in sections 5 and

6 of this Act”, or “the areas described in sections 2, 5,

6, and 9 of this Act” shall be considered to be a reference

to “the Special Management Areas”; and

\(2\) any reference contained in that section to “this Act”

shall be considered to be a reference to “the Colorado

Outdoor Recreation and Economy Act”.

\(e\) Sheep Mountain Special Management Area Nordic Ski

Safety Study.—

\(1\) In general.—Not later than 2 years after the date of

enactment of this Act, the Secretary, in consultation with

interested parties, shall complete a study on ensuring safe

access for Nordic skiing in the vicinity of the Sheep

Mountain Special Management Area, consistent with the

purposes of the Sheep Mountain Special Management Area.

\(2\) Requirement.—In conducting the study under paragraph

\(1\), the Secretary, in coordination with San Miguel County in

the State, the State Department of Transportation, and other

interested stakeholders, shall identify a range of reasonable

actions that could be taken by the Secretary to provide or

facilitate off-highway parking areas along State Highway 145

to facilitate safe access for Nordic skiing in the vicinity

of the Sheep Mountain Special Management Area.

SEC. 5204. RELEASE OF WILDERNESS STUDY AREAS.

\(a\) Dominguez Canyon Wilderness Study Area.—Subtitle E of

title II of Public Law 111-11 is amended—

\(1\) by redesignating section 2408 \(16 U.S.C. 460zzz-7\) as

section 2409; and

\(2\) by inserting after section 2407 \(16 U.S.C. 460zzz-6\)

the following:

“SEC. 2408. RELEASE.

“\(a\) In General.—Congress finds that, for the purposes of

section 603\(c\) of the Federal Land Policy and Management Act

of 1976 \(43 U.S.C. 1782\(c\)\), the portions of the Dominguez

Canyon Wilderness Study Area not designated as wilderness by

this subtitle have been adequately studied for wilderness

designation.

“\(b\) Release.—Any public land referred to in subsection

\(a\) that is not designated as wilderness by this subtitle—

“\(1\) is no longer subject to section 603\(c\) of the Federal

Land Policy and Management Act of 1976 \(43 U.S.C. 1782\(c\)\);

and

“\(2\) shall be managed in accordance with this subtitle and

any other applicable laws.”.

\(b\) McKenna Peak Wilderness Study Area.—

\(1\) In general.—Congress finds that, for the purposes of

section 603\(c\) of the Federal Land Policy and Management Act

of 1976 \(43 U.S.C. 1782\(c\)\), the portions of the McKenna Peak

Wilderness Study Area in San Miguel County in the State not

designated as wilderness by paragraph \(29\) of section 2\(a\) of

the Colorado Wilderness Act of 1993 \(16 U.S.C. 1132 note;

Public Law 103-77\) \(as added by section 5202\) have been

adequately studied for wilderness designation.

\(2\) Release.—Any public land referred to in paragraph \(1\)

that is not designated as wilderness by paragraph \(29\) of

section 2\(a\) of the Colorado Wilderness Act of 1993 \(16

U.S.C. 1132 note; Public Law 103-77\) \(as added by section

5202\)—

\(A\) is no longer subject to section 603\(c\) of the Federal

Land Policy and Management Act of 1976 \(43 U.S.C. 1782\(c\)\);

and

\(B\) shall be managed in accordance with applicable laws.

SEC. 5205. ADMINISTRATIVE PROVISIONS.

\(a\) Fish and Wildlife.—Nothing in this title affects the

jurisdiction or responsibility of the State with respect to

fish and wildlife in the State.

\(b\) No Buffer Zones.—

\(1\) In general.—Nothing in this title establishes a

protective perimeter or buffer zone around covered land.

\(2\) Activities outside wilderness.—The fact that a

nonwilderness activity or use on land outside of the covered

land can be seen or heard from within covered land shall not

preclude the activity or use outside the boundary of the

covered land.

\(c\) Tribal Rights and Uses.—

\(1\) Treaty rights.—Nothing in this title affects the

treaty rights of any Indian Tribe, including rights under the

Agreement of September 13, 1873, ratified by the Act of April

29, 1874 \(18 Stat. 36, chapter 136\).

\(2\) Traditional tribal uses.—Subject to any terms and

conditions as the Secretary determines to be necessary and in

accordance with applicable law, the Secretary shall allow for

the continued use of the covered land by members of Indian

Tribes—

\(A\) for traditional ceremonies; and

\(B\) as a source of traditional plants and other materials.

\(d\) Maps and Legal Descriptions.—

\(1\) In general.—As soon as practicable after the date of

enactment of this Act, the Secretary or the Secretary of the

Interior, as appropriate, shall file a map and a legal

description of each wilderness area designated by paragraphs

\(27\) through \(29\) of section 2\(a\) of the Colorado Wilderness

Act of 1993 \(16 U.S.C. 1132 note; Public Law 103-77\) \(as

added by section 5202\) and the Special Management Areas

with—

\(A\) the Committee on Natural Resources of the House of

Representatives; and

\(B\) the Committee on Energy and Natural Resources of the

Senate.

\(2\) Force of law.—Each map and legal description filed

under paragraph \(1\) shall have the same force and effect as

if included in this title, except that the Secretary or the

Secretary of the Interior, as appropriate, may correct any

typographical errors in the maps and legal descriptions.

\(3\) Public availability.—Each map and legal description

filed under paragraph \(1\) shall be on file and available for

public inspection in the appropriate offices of the Bureau of

Land Management and the Forest Service.

\(e\) Acquisition of Land.—

\(1\) In general.—The Secretary or the Secretary of the

Interior, as appropriate, may acquire any land or interest in

land within the boundaries of a Special Management Area or

the wilderness designated under paragraphs \(27\) through \(29\)

of section 2\(a\) of the Colorado Wilderness Act of 1993 \(16

U.S.C. 1132 note; Public Law 103-77\) \(as added by section

5202\) by donation, purchase from a willing seller, or

exchange.

\(2\) Management.—Any land or interest in land acquired

under paragraph \(1\) shall be incorporated into, and

administered as a part of, the wilderness or Special

Management Area in which the land or interest in land is

located.

\(f\) Grazing.—The grazing of livestock on covered land, if

established before the date of enactment of this Act, shall

be permitted to continue subject to such reasonable

regulations as are considered to be necessary by the

Secretary with jurisdiction over the covered land, in

accordance with—

\(1\) section 4\(d\)\(4\) of the Wilderness Act \(16 U.S.C.

1133\(d\)\(4\)\); and

\(2\) the applicable guidelines set forth in Appendix A of

the report of the Committee on Interior and Insular Affairs

of the House of Representatives accompanying H.R. 2570 of the

101st Congress \(H. Rept. 101-405\) or H.R. 5487 of the 96th

Congress \(H. Rept. 96-617\).

\(g\) Fire, Insects, and Diseases.—In accordance with

section 4\(d\)\(1\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\),

the Secretary with jurisdiction over a wilderness area

designated by paragraphs \(27\) through \(29\) of section 2\(a\) of

the Colorado Wilderness Act of 1993 \(16 U.S.C. 1132 note;

Public Law 103-77\) \(as added by section 5202\) may carry out

any activity in the wilderness area that the Secretary

determines to be necessary for the control of fire, insects,

and diseases, subject to such terms and conditions as the

Secretary determines to be appropriate.

\(h\) Withdrawal.—Subject to valid existing rights, the

covered land and the approximately 6,590 acres generally

depicted on the map entitled “Proposed Naturita Canyon

Mineral Withdrawal Area” and dated September 6, 2018, is

withdrawn from—

\(1\) entry, appropriation, and disposal under the public

land laws;

\(2\) location, entry, and patent under mining laws; and

\(3\) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

TITLE III—THOMPSON DIVIDE

SEC. 5301. PURPOSES.

The purposes of this title are—

\(1\) subject to valid existing rights, to withdraw certain

Federal land in the Thompson Divide area from mineral and

other disposal laws in order to protect the agricultural,

ranching, wildlife, air quality, recreation, ecological, and

scenic values of the area; and

\(2\) to promote the capture of fugitive methane emissions

that would otherwise be emitted into the atmosphere.

SEC. 5302. DEFINITIONS.

In this title:

\(1\) Fugitive methane emissions.—The term “fugitive

methane emissions” means methane gas from the Federal land

or interests in Federal land in Garfield, Gunnison, Delta, or

Pitkin County in the State, within the boundaries of the

“Fugitive Coal Mine Methane Use Pilot Program Area”, as

generally depicted on the pilot program map, that would leak

or be vented into the atmosphere from—

\(A\) an active or inactive coal mine subject to a Federal

coal lease; or

\(B\) an abandoned underground coal mine or the site of a

former coal mine—

\(i\) that is not subject to a Federal coal lease; and

\(ii\) with respect to which the Federal interest in land

includes mineral rights to the methane gas.

\(2\) Pilot program.—The term “pilot program” means the

Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot

Program established by section 5305\(a\)\(1\).

\(3\) Pilot program map.—The term “pilot program map”

means the map entitled “Greater Thompson Divide Fugitive

Coal Mine Methane Use Pilot Program Area” and dated April

29, 2022.

\(4\) Secretary.—The term “Secretary” means the Secretary

of the Interior.

\(5\) Thompson divide lease.—

\(A\) In general.—The term “Thompson Divide lease” means

any oil or gas lease in effect on the date of enactment of

this Act within the Thompson Divide Withdrawal and Protection

Area.

\(B\) Exclusions.—The term “Thompson Divide lease” does

not include any oil or gas lease that—

\(i\) is associated with a Wolf Creek Storage Field

development right; or

\(ii\) before the date of enactment of this Act, has expired,

been cancelled, or otherwise terminated.

\(6\) Thompson divide map.—The term “Thompson Divide map”

means the map entitled “Greater Thompson Divide Legislative

Boundary Area Map” and dated September 19, 2023.

\(7\) Thompson divide withdrawal and protection area.—The

term “Thompson Divide Withdrawal and Protection Area” means

the Federal land and minerals within the area generally

depicted as the “Thompson Divide Withdrawal and Protection

Area” on the Thompson Divide map.

\(8\) Wolf creek storage field development right.—

\(A\) In general.—The term “Wolf Creek Storage Field

development right” means a development right for any of the

Federal mineral leases numbered COC 0007496, COC 0007497, COC

0007498, COC 0007499, COC 0007500, COC 0007538, COC 0008128,

COC 0015373, COC 0128018, COC 0051645, and COC 0051646, as

generally depicted on the Thompson Divide map as “Wolf Creek

Storage Agreement”.

\(B\) Exclusions.—The term “Wolf Creek Storage Field

development right” does not include any storage right or

related activity within the area described in subparagraph

\(A\).

SEC. 5303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.

\(a\) Withdrawal.—Subject to valid existing rights, the

Thompson Divide Withdrawal and Protection Area is withdrawn

from—

\(1\) entry, appropriation, and disposal under the public

land laws;

\(2\) location, entry, and patent under the mining laws; and

\(3\) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

\(b\) Surveys.—The exact acreage and legal description of

the Thompson Divide Withdrawal and Protection Area shall be

determined by surveys approved by the Secretary, in

consultation with the Secretary of Agriculture.

\(c\) Grazing.—Nothing in this title affects the

administration of grazing in the Thompson Divide Withdrawal

and Protection Area.

SEC. 5304. THOMPSON DIVIDE LEASE CREDITS.

\(a\) In General.—In exchange for the relinquishment by a

leaseholder of all Thompson Divide leases of the leaseholder,

the Secretary may issue to the leaseholder credits for any

bid, royalty, or rental payment due under any Federal oil or

gas lease on Federal land in the State, in accordance with

subsection \(b\).

\(b\) Amount of Credits.—

\(1\) In general.—Subject to paragraph \(2\), the amount of

the credits issued to a leaseholder of a Thompson Divide

lease relinquished under subsection \(a\) shall—

\(A\) be equal to the sum of—

\(i\) the amount of the bonus bids paid for the applicable

Thompson Divide leases;

\(ii\) the amount of any rental paid for the applicable

Thompson Divide leases as of the date on which the

leaseholder submits to the Secretary a notice of the decision

to relinquish the applicable Thompson Divide leases; and

\(iii\) the amount of any reasonable expenses incurred by the

leaseholder of the applicable Thompson Divide leases in the

preparation of any drilling permit, sundry notice, or other

related submission in support of the development of the

applicable Thompson Divide leases as of January 28, 2019,

including any expenses relating to the preparation of any

analysis under the National Environmental Policy Act of 1969

\(42 U.S.C. 4321 et seq.\); and

\(B\) require the approval of the Secretary.

\(2\) Exclusion.—The amount of a credit issued under

subsection \(a\) shall not include any expenses paid by the

leaseholder of a Thompson Divide lease for—

\(A\) legal fees or related expenses for legal work with

respect to a Thompson Divide lease; or

\(B\) any expenses incurred before the issuance of a Thompson

Divide lease.

\(c\) Cancellation.—Effective on relinquishment under this

section, and without any additional action by the Secretary,

a Thompson Divide lease—

\(1\) shall be permanently cancelled; and

\(2\) shall not be reissued.

\(d\) Conditions.—

\(1\) Applicable law.—Except as otherwise provided in this

section, each exchange under this section shall be conducted

in accordance with—

\(A\) this title; and

\(B\) other applicable laws \(including regulations\).

\(2\) Acceptance of credits.—The Secretary shall accept

credits issued under subsection \(a\) in the same manner as

cash for the payments described in that subsection.

\(3\) Applicability.—The use of a credit issued under

subsection \(a\) shall be subject to the laws \(including

regulations\) applicable to the payments described in that

subsection, to the extent that the laws are consistent with

this section.

\(4\) Treatment of credits.—All amounts in the form of

credits issued under subsection \(a\) accepted by the Secretary

shall be considered to be amounts received for the purposes

of—

\(A\) section 35 of the Mineral Leasing Act \(30 U.S.C. 191\);

and

\(B\) section 20 of the Geothermal Steam Act of 1970 \(30

U.S.C. 1019\).

\(e\) Wolf Creek Storage Field Development Rights.—

\(1\) Conveyance to secretary.—As a condition precedent to

the relinquishment of a Thompson Divide lease under this

section, any leaseholder with a Wolf Creek Storage Field

development right shall permanently relinquish, transfer, and

otherwise convey to the Secretary, in a form acceptable to

the Secretary, all Wolf Creek Storage Field development

rights of the leaseholder.

\(2\) Credits.—

\(A\) In general.—In consideration for the transfer of

development rights under paragraph \(1\), the Secretary may

issue to a leaseholder described in that paragraph credits

for any reasonable expenses incurred by the leaseholder in

acquiring the Wolf Creek Storage Field development right or

in the preparation of any drilling permit, sundry notice, or

other related submission in support of the development right

as of January

28, 2019, including any reasonable expenses relating to the

preparation of any analysis under the National Environmental

Policy Act of 1969 \(42 U.S.C. 4321 et seq.\).

\(B\) Approval.—Any credits for a transfer of the

development rights under paragraph \(1\), shall be subject to—

\(i\) the exclusion described in subsection \(b\)\(2\);

\(ii\) the conditions described in subsection \(d\); and

\(iii\) the approval of the Secretary.

\(3\) Limitation of transfer.—Development rights acquired by

the Secretary under paragraph \(1\)—

\(A\) shall be held for as long as the parent leases in the

Wolf Creek Storage Field remain in effect; and

\(B\) shall not be—

\(i\) transferred;

\(ii\) reissued; or

\(iii\) otherwise used for mineral extraction.

SEC. 5305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE

USE PILOT PROGRAM.

\(a\) Fugitive Coal Mine Methane Use Pilot Program.—

\(1\) Establishment.—There is established in the Bureau of

Land Management a pilot program, to be known as the “Greater

Thompson Divide Fugitive Coal Mine Methane Use Pilot

Program”.

\(2\) Purpose.—The purpose of the pilot program is to

promote the capture, beneficial use, mitigation, and

sequestration of fugitive methane emissions—

\(A\) to reduce methane emissions;

\(B\) to promote economic development;

\(C\) to improve air quality; and

\(D\) to improve public safety.

\(3\) Plan.—

\(A\) In general.—Not later than 180 days after the date of

enactment of this Act, the Secretary shall develop a plan—

\(i\) to complete an inventory of fugitive methane emissions

in accordance with subsection \(b\);

\(ii\) to provide for the leasing of fugitive methane

emissions in accordance with subsection \(c\); and

\(iii\) to provide for the capping or destruction of fugitive

methane emissions in accordance with subsection \(d\).

\(B\) Coordination.—In developing the plan under this

paragraph, the Secretary shall coordinate with—

\(i\) the State;

\(ii\) Garfield, Gunnison, Delta, and Pitkin Counties in the

State;

\(iii\) lessees of Federal coal within the counties referred

to in clause \(ii\);

\(iv\) interested institutions of higher education in the

State; and

\(v\) interested members of the public.

\(b\) Fugitive Methane Emissions Inventory.—

\(1\) In general.—Not later than 2 years after the date of

enactment of this Act, the Secretary shall complete an

inventory of fugitive methane emissions.

\(2\) Conduct.—

\(A\) Collaboration.—The Secretary may conduct the inventory

under paragraph \(1\) through, or in collaboration with—

\(i\) the Bureau of Land Management;

\(ii\) the United States Geological Survey;

\(iii\) the Environmental Protection Agency;

\(iv\) the United States Forest Service;

\(v\) State departments or agencies;

\(vi\) Garfield, Gunnison, Delta, or Pitkin County in the

State;

\(vii\) the Garfield County Federal Mineral Lease District;

\(viii\) institutions of higher education in the State;

\(ix\) lessees of Federal coal within a county referred to in

subparagraph \(F\);

\(x\) the National Oceanic and Atmospheric Administration;

\(xi\) the National Center for Atmospheric Research; or

\(xii\) other interested entities, including members of the

public.

\(B\) Federal split estate.—

\(i\) In general.—In conducting the inventory under

paragraph \(1\) for Federal minerals on split estate land, the

Secretary shall rely on available data.

\(ii\) Limitation.—Nothing in this section requires or

authorizes the Secretary to enter or access private land to

conduct the inventory under paragraph \(1\).

\(3\) Contents.—The inventory conducted under paragraph \(1\)

shall include—

\(A\) the general location and geographic coordinates of

vents, seeps, or other sources producing significant fugitive

methane emissions;

\(B\) an estimate of the volume and concentration of fugitive

methane emissions from each source of significant fugitive

methane emissions, including details of measurements taken

and the basis for that emissions estimate;

\(C\) relevant data and other information available from—

\(i\) the Environmental Protection Agency;

\(ii\) the Mine Safety and Health Administration;

\(iii\) the Colorado Department of Natural Resources;

\(iv\) the Colorado Public Utility Commission;

\(v\) the Colorado Department of Health and Environment; and

\(vi\) the Office of Surface Mining Reclamation and

Enforcement; and

\(D\) such other information as may be useful in advancing

the purposes of the pilot program.

\(4\) Public participation; disclosure.—

\(A\) Public participation.—The Secretary shall, as

appropriate, provide opportunities for public participation

in the conduct of the inventory under paragraph \(1\).

\(B\) Availability.—The Secretary shall make the inventory

conducted under paragraph \(1\) publicly available.

\(C\) Disclosure.—Nothing in this subsection requires the

Secretary to publicly release information that—

\(i\) poses a threat to public safety;

\(ii\) is confidential business information; or

\(iii\) is otherwise protected from public disclosure.

\(5\) Impact on coal mines subject to lease.—

\(A\) In general.—For the purposes of conducting the

inventory under paragraph \(1\), for land subject to a Federal

coal lease, the Secretary shall use readily available methane

emissions data.

\(B\) Effect.—Nothing in this section requires the holder of

a Federal coal lease to report additional data or information

to the Secretary.

\(6\) Use.—The Secretary shall use the inventory conducted

under paragraph \(1\) in carrying out—

\(A\) the leasing program under subsection \(c\); and

\(B\) the capping or destruction of fugitive methane

emissions under subsection \(d\).

\(c\) Fugitive Methane Emissions Leasing Program and

Sequestration.—

\(1\) In general.—Subject to valid existing rights and in

accordance with this section, not later than 1 year after the

date of completion of the inventory required under subsection

\(b\), the Secretary shall carry out a program to encourage the

use and destruction of fugitive methane emissions.

\(2\) Fugitive methane emissions from coal mines subject to

lease.—

\(A\) In general.—The Secretary shall authorize the holder

of a valid existing Federal coal lease for a mine that is

producing fugitive methane emissions to capture for use or

destroy the fugitive methane emissions.

\(B\) Conditions.—The authority under subparagraph \(A\) shall

be subject to—

\(i\) valid existing rights; and

\(ii\) such terms and conditions as the Secretary may

require.

\(C\) Limitations.—The program carried out under paragraph

\(1\) shall only include fugitive methane emissions that can be

captured for use or destroyed in a manner that does not—

\(i\) endanger the safety of any coal mine worker; or

\(ii\) unreasonably interfere with any ongoing operation at a

coal mine.

\(D\) Cooperation.—

\(i\) In general.—The Secretary shall work cooperatively

with the holders of valid existing Federal coal leases for

mines that produce fugitive methane emissions to encourage—

\(I\) the capture of fugitive methane emissions for

beneficial use, such as generating electrical power,

producing usable heat, transporting the methane to market, or

transforming the fugitive methane emissions into a different

marketable material; or

\(II\) if the beneficial use of the fugitive methane

emissions is not feasible, the destruction of the fugitive

methane emissions.

\(ii\) Guidance.—In support of cooperative efforts with

holders of valid existing Federal coal leases to capture for

use or destroy fugitive methane emissions, not later than 1

year after the date of enactment of this Act, the Secretary

shall issue guidance to the public for the implementation of

authorities and programs to encourage the capture for use and

destruction of fugitive methane emissions, while minimizing

impacts on natural resources or other public interest values.

\(E\) Royalties.—The Secretary shall determine whether any

fugitive methane emissions used or destroyed pursuant to this

paragraph are subject to the payment of a royalty under

applicable law.

\(3\) Fugitive methane emissions from land not subject to a

federal coal lease.—

\(A\) In general.—Except as otherwise provided in this

section, notwithstanding section 5303 and subject to valid

existing rights and any other applicable law, the Secretary

shall, for land not subject to a Federal coal lease—

\(i\) authorize the capture for use or destruction of

fugitive methane emissions; and

\(ii\) make available for leasing such fugitive methane

emissions as the Secretary determines to be in the public

interest.

\(B\) Source.—To the extent practicable, the Secretary shall

offer for lease, individually or in combination, each

significant source of fugitive methane emissions on land not

subject to a Federal coal lease.

\(C\) Bid qualifications.—A bid to lease fugitive methane

emissions under this paragraph shall specify whether the

prospective lessee intends—

\(i\) to capture the fugitive methane emissions for

beneficial use, such as generating electrical power,

producing usable heat, transporting the methane to market, or

transforming the fugitive methane emissions into a different

marketable material;

\(ii\) to destroy the fugitive methane emissions; or

\(iii\) to employ a specific combination of—

\(I\) capturing the fugitive methane emissions for beneficial

use; and

\(II\) destroying the fugitive methane emissions.

\(D\) Priority.—

\(i\) In general.—If there is more than 1 qualified bid for

a lease under this paragraph, the Secretary shall select the

bid that the Secretary determines is likely to most

significantly advance the public interest.

\(ii\) Considerations.—In determining the public interest

under clause \(i\), the Secretary shall take into

consideration—

\(I\) the overall decrease in the fugitive methane emissions;

\(II\) the impacts to other natural resource values,

including wildlife, water, and air; and

\(III\) other public interest values, including scenic,

economic, recreation, and cultural values.

\(E\) Lease form.—

\(i\) In general.—The Secretary shall develop and provide to

prospective bidders a lease form for leases issued under this

paragraph.

\(ii\) Due diligence.—The lease form developed under clause

\(i\) shall include terms and conditions requiring the leased

fugitive methane emissions to be put to beneficial use or

destroyed by not later than 3 years after the date of

issuance of the lease.

\(F\) Royalty rate.—The Secretary shall develop a minimum

bid, as the Secretary determines to be necessary, and royalty

rate for leases under this paragraph.

\(d\) Sequestration.—If, by not later than 4 years after the

date of completion of the inventory under subsection \(b\), any

significant fugitive methane emissions are not leased under

subsection \(c\)\(3\), the Secretary shall, subject to the

availability of appropriations and in accordance with

applicable law, take all reasonable measures—

\(1\) to provide incentives for new leases under subsection

\(c\)\(3\);

\(2\) to cap those fugitive methane emissions at the source

in any case in which the cap will result in the long-term

sequestration of all or a significant portion of the fugitive

methane emissions; or

\(3\) to destroy the fugitive methane emissions, if

incentivizing leases under paragraph \(1\) or sequestration

under paragraph \(2\) is not feasible, with priority for

locations that destroy the greatest quantity of fugitive

methane emissions at the lowest cost.

\(e\) Report to Congress.—Not later than 4 years after the

date of enactment of this Act the Secretary shall submit to

the Committee on Energy and Natural Resources of the Senate

and the Committee on Natural Resources of the House of

Representatives a report detailing—

\(1\) the economic and environmental impacts of the pilot

program, including information on increased royalties and

estimates of avoided greenhouse gas emissions; and

\(2\) any recommendations of the Secretary on whether the

pilot program could be expanded to include—

\(A\) other significant sources of emissions of fugitive

methane located outside the boundaries of the area depicted

as “Fugitive Coal Mine Methane Use Pilot Program Area” on

the pilot program map; and

\(B\) the leasing of natural methane seeps under the

activities authorized pursuant to subsection \(c\)\(3\).

SEC. 5306. EFFECT.

Except as expressly provided in this title, nothing in this

title—

\(1\) expands, diminishes, or impairs any valid existing

mineral leases, mineral interest, or other property rights

wholly or partially within the Thompson Divide Withdrawal and

Protection Area, including access to the leases, interests,

rights, or land in accordance with applicable Federal, State,

and local laws \(including regulations\);

\(2\) prevents the capture of methane from any active,

inactive, or abandoned coal mine covered by this title, in

accordance with applicable laws; or

\(3\) prevents access to, or the development of, any new or

existing coal mine or lease in Delta or Gunnison County in

the State.

TITLE IV—CURECANTI NATIONAL RECREATION AREA

SEC. 5401. DEFINITIONS.

In this title:

\(1\) Map.—The term “map” means the map entitled

“Curecanti National Recreation Area, Proposed Boundary”,

numbered 616/100,485D, and dated April 25, 2022.

\(2\) National recreation area.—The term “National

Recreation Area” means the Curecanti National Recreation

Area established by section 5402\(a\).

\(3\) Secretary.—The term “Secretary” means the Secretary

of the Interior.

SEC. 5402. CURECANTI NATIONAL RECREATION AREA.

\(a\) Establishment.—Effective beginning on the earlier of

the date on which the Secretary approves a request under

subsection \(c\)\(2\)\(B\)\(i\)\(I\) and the date that is 1 year after

the date of enactment of this Act, there shall be established

as a unit of the National Park System the Curecanti National

Recreation Area, in accordance with this division, consisting

of approximately 50,300 acres of land in the State, as

generally depicted on the map as “Curecanti National

Recreation Area Proposed Boundary”.

\(b\) Availability of Map.—The map shall be on file and

available for public inspection in the appropriate offices of

the National Park Service.

\(c\) Administration.—

\(1\) In general.—The Secretary shall administer the

National Recreation Area in accordance with—

\(A\) this title; and

\(B\) the laws \(including regulations\) generally applicable

to units of the National Park System, including section

100101\(a\), chapter 1003, and sections 100751\(a\), 100752,

100753, and 102101 of title 54, United States Code.

\(2\) Dam, power plant, and reservoir management and

operations.—

\(A\) In general.—Nothing in this title affects or

interferes with the authority of the Secretary—

\(i\) to operate the Uncompahgre Valley Reclamation Project

under the reclamation laws;

\(ii\) to operate the Wayne N. Aspinall Unit of the Colorado

River Storage Project under the Act of April 11, 1956

\(commonly known as the “Colorado River Storage Project

Act”\) \(43 U.S.C. 620 et seq.\); or

\(iii\) under the Federal Water Project Recreation Act \(16

U.S.C. 460l-12 et seq.\).

\(B\) Reclamation land.—

\(i\) Submission of request to retain administrative

jurisdiction.—If, before the date that is 1 year after the

date of enactment of this Act, the Commissioner of

Reclamation submits to the Secretary a request for the

Commissioner of Reclamation to retain administrative

jurisdiction over the minimum quantity of land within the

land identified on the map as “Lands withdrawn or acquired

for Bureau of Reclamation projects” that the Commissioner of

Reclamation identifies as necessary for the effective

operation of Bureau of Reclamation water facilities, the

Secretary may—

\(I\) approve, approve with modifications, or disapprove the

request; and

\(II\) if the request is approved under subclause \(I\), make

any modifications to the map that are necessary to reflect

that the Commissioner of Reclamation retains management

authority over the minimum quantity of land required to

fulfill the reclamation mission.

\(ii\) Transfer of land.—

\(I\) In general.—Administrative jurisdiction over the land

identified on the map as “Lands withdrawn or acquired for

Bureau of Reclamation projects”, as modified pursuant to

clause \(i\)\(II\), if applicable, shall be transferred from the

Commissioner of Reclamation to the Director of the National

Park Service by not later than the date that is 1 year after

the date of enactment of this Act.

\(II\) Access to transferred land.—

\(aa\) In general.—Subject to item \(bb\), the Commissioner of

Reclamation shall retain access to the land transferred to

the Director of the National Park Service under subclause \(I\)

for reclamation purposes, including for the operation,

maintenance, and expansion or replacement of facilities.

\(bb\) Memorandum of understanding.—The terms of the access

authorized under item \(aa\) shall be determined by a

memorandum of understanding entered into between the

Commissioner of Reclamation and the Director of the National

Park Service not later than 1 year after the date of

enactment of this Act.

\(3\) Management agreements.—

\(A\) In general.—The Secretary may enter into management

agreements, or modify management agreements in existence on

the date of enactment of this Act, relating to the authority

of the Director of the National Park Service, the

Commissioner of Reclamation, the Director of the Bureau of

Land Management, or the Chief of the Forest Service to manage

Federal land within or adjacent to the boundary of the

National Recreation Area.

\(B\) State land.—The Secretary may enter into cooperative

management agreements for any land administered by the State

that is within or adjacent to the National Recreation Area,

in accordance with the cooperative management authority under

section 101703 of title 54, United States Code.

\(4\) Recreational activities.—

\(A\) Authorization.—Except as provided in subparagraph \(B\),

the Secretary shall allow boating, boating-related

activities, hunting, and fishing in the National Recreation

Area in accordance with applicable Federal and State laws.

\(B\) Closures; designated zones.—

\(i\) In general.—The Secretary, acting through the

Superintendent of the National Recreation Area, may designate

zones in which, and establish periods during which, no

boating, hunting, or fishing shall be permitted in the

National Recreation Area under subparagraph \(A\) for reasons

of public safety, administration, or compliance with

applicable laws.

\(ii\) Consultation required.—Except in the case of an

emergency, any closure proposed by the Secretary under clause

\(i\) shall not take effect until after the date on which the

Superintendent of the National Recreation Area consults

with—

\(I\) the appropriate State agency responsible for hunting

and fishing activities; and

\(II\) the Board of County Commissioners in each county in

which the zone is proposed to be designated.

\(5\) Landowner assistance.—On the written request of an

individual that owns private land located within the area

generally depicted as “Conservation Opportunity Area” on

the map entitled “Preferred Alternative” in the document

entitled “Report to Congress: Curecanti Special Resource

Study” and dated June 2009, the Secretary may work in

partnership with the individual to enhance the long-term

conservation of natural, cultural, recreational, and scenic

resources in and around the National Recreation Area—

\(A\) by acquiring all or a portion of the private land or

interests in private land within the Conservation Opportunity

Area by purchase, exchange, or donation, in accordance with

section 5403;

\(B\) by providing technical assistance to the individual,

including cooperative assistance;

\(C\) through available grant programs; and

\(D\) by supporting conservation easement opportunities.

\(6\) Incorporation of acquired land and interests.—Any land

or interest in land acquired by the United States under

paragraph \(5\) shall—

\(A\) become part of the National Recreation Area; and

\(B\) be managed in accordance with this title.

\(7\) Withdrawal.—Subject to valid existing rights, all

Federal land within the National Recreation Area, including

land acquired pursuant to this section, is withdrawn from—

\(A\) entry, appropriation, and disposal under the public

land laws;

\(B\) location, entry, and patent under the mining laws; and

\(C\) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

\(8\) Grazing.—

\(A\) State land subject to a state grazing lease.—

\(i\) In general.—If State land acquired under this title is

subject to a State grazing lease in effect on the date of

acquisition, the Secretary shall allow the grazing to

continue for the remainder of the term of the lease, subject

to the related terms and conditions of user agreements,

including permitted stocking rates, grazing fee levels,

access rights, and ownership and use of range improvements.

\(ii\) Access.—A lessee of State land may continue to use

established routes within the National Recreation Area to

access State land for purposes of administering the lease if

the use was permitted before the date of enactment of this

Act, subject to such terms and conditions as the Secretary

may require.

\(B\) State and private land.—The Secretary may, in

accordance with applicable laws, authorize grazing on land

acquired from the State or private landowners under section

5403, if grazing was established before the date of

acquisition.

\(C\) Private land.—On private land acquired under section

5403 for the National Recreation Area on which authorized

grazing is occurring before the date of enactment of this

Act, the Secretary, in consultation with the lessee, may

allow the continuation and renewal of grazing on the land

based on the terms of acquisition or by agreement between the

Secretary and the lessee, subject to applicable law

\(including regulations\).

\(D\) Federal land.—The Secretary shall—

\(i\) allow, consistent with the grazing leases, uses, and

practices in effect as of the date of enactment of this Act,

the continuation and renewal of grazing on Federal land

located within the boundary of the National Recreation Area

on which grazing is allowed before the date of enactment of

this Act, unless the Secretary determines that grazing on the

Federal land would present unacceptable impacts \(as defined

in section 1.4.7.1 of the National Park Service document

entitled “Management Policies 2006: The Guide to Managing

the National Park System”\) to the natural, cultural,

recreational, and scenic resource values and the character of

the land within the National Recreation Area; and

\(ii\) retain all authorities to manage grazing in the

National Recreation Area.

\(E\) Termination of leases.—Within the National Recreation

Area, the Secretary may—

\(i\) accept the voluntary termination of a lease or permit

for grazing; or

\(ii\) in the case of a lease or permit vacated for a period

of 3 or more years, terminate the lease or permit.

\(9\) Water rights.—Nothing in this title—

\(A\) affects any use or allocation in existence on the date

of enactment of this Act of any water, water right, or

interest in water;

\(B\) affects any vested absolute or decreed conditional

water right in existence on the date of enactment of this

Act, including any water right held by the United States;

\(C\) affects any interstate water compact in existence on

the date of enactment of this Act;

\(D\) shall be considered to be a relinquishment or reduction

of any water right reserved or appropriated by the United

States in the State on or before the date of enactment of

this Act; or

\(E\) constitutes an express or implied Federal reservation

of any water or water rights with respect to the National

Recreation Area.

\(10\) Fishing easements.—

\(A\) In general.—Nothing in this title diminishes or alters

the fish and wildlife program for the Aspinall Unit developed

under section 8 of the Act of April 11, 1956 \(commonly known

as the “Colorado River Storage Project Act”\) \(70 Stat. 110,

chapter 203; 43 U.S.C. 620g\), by the United States Fish and

Wildlife Service, the Bureau of Reclamation, and the Colorado

Division of Wildlife \(including any successor in interest to

that division\) that provides for the acquisition of public

access fishing easements as mitigation for the Aspinall Unit

\(referred to in this paragraph as the “program”\).

\(B\) Acquisition of fishing easements.—The Secretary shall

continue to fulfill the obligation of the Secretary under the

program to acquire 26 miles of class 1 public fishing

easements to provide to sportsmen access for fishing within

the Upper Gunnison Basin upstream of the Aspinall Unit,

subject to the condition that no existing fishing access

downstream of the Aspinall Unit shall be counted toward the

minimum mileage requirement under the program.

\(C\) Plan.—Not later than 1 year after the date of

enactment of this Act, the Secretary shall develop a plan for

fulfilling the obligation of the Secretary described in

subparagraph \(B\) by the date that is 10 years after the date

of enactment of this Act.

\(D\) Reports.—Not later than each of 2 years, 5 years, and

8 years after the date of enactment of this Act, the

Secretary shall submit to Congress a report that describes

the progress made in fulfilling the obligation of the

Secretary described in subparagraph \(B\).

\(d\) Tribal Rights and Uses.—

\(1\) Treaty rights.—Nothing in this title affects the

treaty rights of any Indian Tribe.

\(2\) Traditional tribal uses.—Subject to any terms and

conditions as the Secretary determines to be necessary and in

accordance with applicable law, the Secretary shall allow for

the continued use of the National Recreation Area by members

of Indian Tribes—

\(A\) for traditional ceremonies; and

\(B\) as a source of traditional plants and other materials.

SEC. 5403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.

\(a\) Acquisition.—

\(1\) In general.—The Secretary may acquire any land or

interest in land within the boundary of the National

Recreation Area.

\(2\) Manner of acquisition.—

\(A\) In general.—Subject to subparagraph \(B\), land

described in paragraph \(1\) may be acquired under this

subsection by—

\(i\) donation;

\(ii\) purchase from willing sellers with donated or

appropriated funds;

\(iii\) transfer from another Federal agency; or

\(iv\) exchange.

\(B\) State land.—Land or interests in land owned by the

State or a political subdivision of the State may only be

acquired by purchase, donation, or exchange.

\(b\) Transfer of Administrative Jurisdiction.—

\(1\) Forest service land.—

\(A\) In general.—Administrative jurisdiction over the

approximately 2,500 acres of land identified on the map as

“U.S. Forest Service proposed transfer to the National Park

Service” is transferred to the Secretary, to be administered

by the Director of the National Park Service as part of the

National Recreation Area.

\(B\) Boundary adjustment.—The boundary of the Gunnison

National Forest shall be adjusted to exclude the land

transferred to the Secretary under subparagraph \(A\).

\(2\) Bureau of land management land.—Administrative

jurisdiction over the approximately 6,100 acres of land

identified on the map as “Bureau of Land Management proposed

transfer to National Park Service” is transferred from the

Director of the Bureau of Land Management to the Director of

the National Park Service, to be administered as part of the

National Recreation Area.

\(3\) Withdrawal.—Administrative jurisdiction over the land

identified on the map as “Proposed for transfer to the

Bureau of Land Management, subject to the revocation of

Bureau of Reclamation withdrawal” shall be transferred to

the Director of the Bureau of Land Management on

relinquishment of the land by the Bureau of Reclamation and

revocation by the Bureau of Land Management of any withdrawal

as may be necessary.

\(c\) Potential Land Exchange.—

\(1\) In general.—The withdrawal for reclamation purposes of

the land identified on the map as “Potential exchange

lands” shall be relinquished by the Commissioner of

Reclamation and revoked by the Director of the Bureau of Land

Management and the land shall be transferred to the National

Park Service.

\(2\) Exchange; inclusion in national recreation area.—On

transfer of the land described in paragraph \(1\), the

transferred land—

\(A\) may be exchanged by the Secretary for private land

described in section 5402\(c\)\(5\)—

\(i\) subject to a conservation easement remaining on the

transferred land, to protect the scenic resources of the

transferred land; and

\(ii\) in accordance with the laws \(including regulations\)

and policies governing National Park Service land exchanges;

and

\(B\) if not exchanged under subparagraph \(A\), shall be added

to, and managed as a part of, the National Recreation Area.

\(d\) Addition to National Recreation Area.—Any land within

the boundary of the National Recreation Area that is acquired

by the United States shall be added to, and managed as a part

of, the National Recreation Area.

SEC. 5404. GENERAL MANAGEMENT PLAN.

Not later than 3 years after the date on which funds are

made available to carry out this title, the Director of the

National Park Service, in consultation with the Commissioner

of Reclamation, shall prepare a general management plan for

the National Recreation Area in accordance with section

100502 of title 54, United States Code.

SEC. 5405. BOUNDARY SURVEY.

The Secretary \(acting through the Director of the National

Park Service\) shall prepare a boundary survey and legal

description of the National Recreation Area.

SA 6003. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. ARKANSAS VALLEY CONDUIT, COLORADO.

Public Law 87-590 \(76 Stat. 389; 123 Stat. 1320\) is

amended—

\(1\) in the first section—

\(A\) in subsection \(c\), in the second sentence, by striking

“or in the case of the Arkansas Valley Conduit, payment in

an amount equal to 35 percent of the cost of the conduit that

is comprised of revenue generated by payments pursuant to a

repayment contract and revenue that may be derived from

contracts for the use of Fryingpan-Arkansas project excess

capacity or exchange contracts using Fryingpan-Arkansas

project facilities,”; and

\(B\) by adding at the end the following:

“\(d\) Arkansas Valley Conduit.—

“\(1\) Repayment contract.—To provide domestic water

supplies to communities and households that do not have

reliable access to domestic water supplies, the contract for

the Arkansas Valley Conduit shall provide for payment in an

amount equal to 35 percent of the cost of the conduit,

notwithstanding the reclamation laws or any other provision

of this Act. The contract payments shall consist of—

“\(A\) funding provided during construction from any entity

other than the Secretary; and

“\(B\) based on a demonstration of financial hardship, as

determined by the Secretary, repayment of the balance not

covered under subparagraph \(A\) for a period of not more than

75 years with simple interest at a rate that is equal to 50

percent of the interest rate determined by the Secretary of

the Treasury under section 2\(c\), including revenue derived

from contracts for the use of excess capacity or exchange

contracts using Fryingpan-Arkansas project facilities.

“\(2\) Operations and maintenance.—The contract for the

Arkansas Valley Conduit shall provide for the assumption by

the contracting parties of the care, operation, maintenance,

and replacement of the conduit.”; and

\(2\) in section 2\(b\)\(3\)\(A\), by striking “this section” and

inserting “subsection \(d\) of the first section”.

SA 6004. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E—DOLORES RIVER NATIONAL CONSERVATION AREA AND DOLORES RIVER

SPECIAL MANAGEMENT AREA

SEC. 5001. SHORT TITLE.

This division may be cited as the “Dolores River National

Conservation Area and Special Management Area Act”.

SEC. 5002. DEFINITIONS.

In this division:

\(1\) Conservation area.—The term “Conservation Area”

means the Dolores River National Conservation Area

established by section 5101\(a\).

\(2\) Council.—The term “Council” means the Dolores River

National Conservation Area Advisory Council established under

section 5103\(a\).

\(3\) Covered land.—The term “covered land” means—

\(A\) the Conservation Area; and

\(B\) the Special Management Area.

\(4\) Dolores project.—The term “Dolores Project” has the

meaning given the term in section 3 of the Colorado Ute

Indian Water Rights Settlement Act of 1988 \(Public Law 100-

585; 102 Stat. 2974\).

\(5\) Map.—The term “Map” means the map prepared by the

Bureau of Land Management entitled “Proposed Dolores River

National Conservation Area and Special Management Area” and

dated December 13, 2024.

\(6\) Secretary.—The term “Secretary” means—

\(A\) in title I, the Secretary of the Interior;

\(B\) in title II, the Secretary of Agriculture; and

\(C\) in title IV—

\(i\) the Secretary of the Interior, with respect to land

under the jurisdiction of the Secretary of the Interior; and

\(ii\) the Secretary of Agriculture, with respect to land

under the jurisdiction of the Secretary of Agriculture.

\(7\) Special management area.—The term “Special Management

Area” means the Dolores River Special Management Area

established by section 5201\(a\).

\(8\) State.—The term “State” means the State of Colorado.

\(9\) Unreasonably diminish.—The term “unreasonably

diminish” has the same meaning as used in section 7\(a\) of

the Wild and Scenic Rivers Act \(16 U.S.C. 1278\(a\)\).

\(10\) Water resource project.—The term “water resource

project” means any dam, irrigation and pumping facility,

reservoir, water conservation work, aqueduct, canal, ditch,

pipeline, well, hydropower project, and transmission and

other ancillary facility, and other water diversion, storage,

and carriage structure.

TITLE I—DOLORES RIVER NATIONAL CONSERVATION AREA

SEC. 5101. ESTABLISHMENT OF DOLORES RIVER NATIONAL

CONSERVATION AREA.

\(a\) Establishment.—

\(1\) In general.—Subject to valid existing rights, there is

established the Dolores River National Conservation Area in

the State.

\(2\) Land included.—The Conservation Area shall consist of

approximately 52,872 acres of Bureau of Land Management land

in the State, as generally depicted as “Proposed Lower

Dolores River National Conservation Area” on the Map.

\(b\) Purpose.—The purpose of the Conservation Area is to

conserve, protect, and enhance the native fish, whitewater

boating, recreational, hunting, fishing, scenic, cultural,

archaeological, natural, geological, historical, ecological,

watershed, wildlife, educational, and scientific resources of

the Conservation Area.

\(c\) Map and Legal Description.—

\(1\) In general.—As soon as practicable after the date of

enactment of this Act, the Secretary shall prepare a map and

legal description of the Conservation Area.

\(2\) Effect.—The map and legal description prepared under

paragraph \(1\) shall have the same force and effect as if

included in this title, except that the Secretary may correct

minor errors in the map or legal description.

\(3\) Public availability.—A copy of the map and legal

description shall be on file and available for public

inspection in the appropriate offices of the Bureau of Land

Management.

SEC. 5102. MANAGEMENT OF CONSERVATION AREA.

\(a\) In General.—The Secretary shall manage the

Conservation Area in accordance with—

\(1\) this division;

\(2\) the Federal Land Policy and Management Act of 1976 \(43

U.S.C. 1701 et seq.\); and

\(3\) other applicable laws.

\(b\) Uses.—Subject to the provisions of this division, the

Secretary shall allow only such uses of the Conservation Area

as are consistent with the purpose described in section

5101\(b\).

\(c\) Management Plan.—

\(1\) Plan required.—

\(A\) In general.—Not later than 3 years after the date of

enactment of this Act, the Secretary shall develop a

management plan for the long-term protection, management, and

monitoring of the Conservation Area.

\(B\) Review and revision.—The management plan under

subparagraph \(A\) shall, from time to time, be subject to

review and revision, in accordance with—

\(i\) this division;

\(ii\) the Federal Land Policy and Management Act of 1976 \(43

U.S.C. 1701 et seq.\); and

\(iii\) other applicable laws.

\(2\) Consultation and coordination.—The Secretary shall

prepare and revise the management plan under paragraph \(1\)—

\(A\) in consultation with—

\(i\) the State;

\(ii\) units of local government;

\(iii\) the public;

\(iv\) the Council; and

\(v\) the Native Fish Monitoring and Recommendation Team, as

described in section 5402\(b\)\(1\); and

\(B\) in coordination with the Secretary of Agriculture, with

respect to the development of the separate management plan

for the Special Management Area, as described in section

5202\(c\).

\(3\) Recommendations.—In preparing and revising the

management plan under paragraph \(1\), the Secretary shall take

into consideration any recommendations from the Council.

\(4\) Treaty rights.—In preparing and revising the

management plan under paragraph \(1\), taking into

consideration the rights and obligations described in section

5402, the Secretary shall ensure that the management plan

does not alter or diminish—

\(A\) the treaty rights of any Indian Tribe;

\(B\) any rights described in the Colorado Ute Indian Water

Rights Settlement Act of 1988 \(Public Law 100-585; 102 Stat.

2973\); or

\(C\) the operation or purposes of the Dolores Project.

\(d\) Incorporation of Acquired Land and Interests.—Any land

or interest in land located within the boundary of the

Conservation Area that is acquired by the United States in

accordance with section 5401\(c\) after the date of enactment

of this Act shall—

\(1\) become part of the Conservation Area; and

\(2\) be managed as provided in this section.

\(e\) Department of Energy Leases.—

\(1\) In general.—Nothing in this title affects valid leases

or lease tracts existing on the date of enactment of this Act

issued under the uranium leasing program of the Department of

Energy.

\(2\) Management.—

\(A\) In general.—Subject to subparagraph \(B\), land

designated for the program described in paragraph \(1\) shall

be—

\(i\) exempt from section 5401\(b\); and

\(ii\) managed in a manner that allow the leases to fulfill

the purposes of the program, consistent with the other

provisions of this title and title IV.

\(B\) Designation.—Land subject to a lease described in

paragraph \(1\) shall be considered part of the Conservation

Area and managed in accordance with other provisions of this

title on a finding by the Secretary that—

\(i\)\(I\) the lease has expired; and

\(II\) the applicable lease tract has been removed from the

leasing program by the Secretary of Energy; and

\(ii\) the land that was subject to the lease is suitable for

inclusion in the Conservation Area.

\(C\) Effect.—Nothing in subparagraph \(B\) prevents the

Secretary of Energy from extending any lease described in

paragraph \(1\).

SEC. 5103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY

COUNCIL.

\(a\) Establishment.—Not later than 1 year after the date of

enactment of this Act, the Secretary shall establish an

advisory council, to be known as the “Dolores River National

Conservation Area Advisory Council”.

\(b\) Duties.—The Council shall advise—

\(1\) the Secretary with respect to the preparation,

implementation, and monitoring of the management plan

prepared under section 5102\(c\); and

\(2\) the Secretary of Agriculture with respect to the

preparation, implementation, and monitoring of the management

plan prepared under section 5202\(c\).

\(c\) Applicable Law.—The Council shall be subject to—

\(1\) chapter 10 of title 5, United States Code \(commonly

referred to as the “Federal Advisory Committee Act”\);

\(2\) the Federal Land Policy and Management Act of 1976 \(43

U.S.C. 1701 et seq.\); and

\(3\) this division.

\(d\) Membership.—

\(1\) In general.—The Council shall include 14 members to be

appointed by the Secretary, of whom, to the extent

practicable—

\(A\) 2 members shall represent agricultural water user

interests in the Conservation Area or the Dolores River

watershed, of whom 1 shall represent the Dolores Water

Conservancy District;

\(B\) 2 members shall represent conservation interests in the

Conservation Area;

\(C\) 2 members shall represent recreation interests in the

Conservation Area, 1 of whom shall represent whitewater

boating interests;

\(D\) 1 member shall be a representative of Dolores County,

Colorado;

\(E\) 1 member shall be a representative of San Miguel

County, Colorado;

\(F\) 1 member shall be a representative of Montezuma County,

Colorado;

\(G\) 1 member shall be a private landowner that owns land in

immediate proximity to the Conservation Area;

\(H\) 1 member shall be a representative of Colorado Parks

and Wildlife;

\(I\) 1 member shall be a holder of a grazing-allotment

permit in the Conservation Area; and

\(J\) 2 members shall be representatives of Indian Tribes, 1

of whom shall be a representative of the Ute Mountain Ute

Tribe.

\(2\) Representation.—

\(A\) In general.—The Secretary shall ensure that the

membership of the Council is fairly balanced in terms of the

points of view represented and the functions to be performed

by the Council.

\(B\) Requirements.—

\(i\) In general.—The members of the Council described in

subparagraphs \(B\) and \(C\) of paragraph \(1\) shall be residents

that live within reasonable proximity to the Conservation

Area.

\(ii\) County representatives.—The members of the Council

described in subparagraphs \(D\) and \(E\) of paragraph \(1\) shall

be—

\(I\) residents of the respective counties referred to in

those subparagraphs; and

\(II\) capable of representing the interests of the

applicable board of county commissioners.

\(e\) Terms of Office.—

\(1\) In general.—The term of office of a member of the

Council shall be 5 years.

\(2\) Reappointment.—A member may be reappointed to the

Council on completion of the term of office of the member.

\(f\) Compensation.—A member of the Council—

\(1\) shall serve without compensation for service on the

Council; but

\(2\) may be reimbursed for qualified expenses of the member.

\(g\) Chairperson.—The Council shall elect a chairperson

from among the members of the Council.

\(h\) Meetings.—

\(1\) In general.—The Council shall meet at the call of the

chairperson—

\(A\) not less frequently than quarterly until the management

plan under section 5102\(c\) is developed; and

\(B\) thereafter, at the call of the Secretary.

\(2\) Public meetings.—Each meeting of the Council shall be

open to the public.

\(3\) Notice.—A notice of each meeting of the Council shall

be published in advance of the meeting.

\(i\) Technical Assistance.—The Secretary shall provide, to

the maximum extent practicable in accordance with applicable

law, any information and technical services requested by the

Council to assist in carrying out the duties of the Council.

\(j\) Renewal.—The Secretary shall ensure that the Council

charter is renewed as required under applicable law.

\(k\) Duration.—The Council—

\(1\) shall continue to function for the duration of

existence of the Conservation Area; but

\(2\) on completion of the management plan, shall only meet—

\(A\) at the call of the Secretary; or

\(B\) in the case of a review or proposed revision to the

management plan.

TITLE II—DOLORES RIVER SPECIAL MANAGEMENT AREA

SEC. 5201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT

AREA.

\(a\) Establishment.—

\(1\) In general.—Subject to valid existing rights, there is

established the Dolores River Special Management Area in the

State.

\(2\) Land included.—The Special Management Area shall

consist of approximately 15,452 acres of Federal land in the

San Juan National Forest in the State, including National

Forest System land in the Dolores River segment that extends

from the Dolores Project boundary downstream to the boundary

of the San Juan National Forest, as of the date of enactment

of this Act, as generally depicted as “Proposed Dolores

River Special Management Area” on the Map.

\(b\) Purpose.—The purpose of the Special Management Area is

to conserve, protect, and enhance the native fish, whitewater

boating, recreational, hunting, fishing, scenic, cultural,

archaeological, natural, geological, historical, ecological,

watershed, wildlife, educational, and scientific resources of

the Special Management Area.

\(c\) Map and Legal Description.—

\(1\) In general.—As soon as practicable after the date of

enactment of this Act, the Secretary shall file a map and

legal description of the Special Management Area with the

Committee on Natural Resources of the House of

Representatives and the Committee on Energy and Natural

Resources of the Senate.

\(2\) Effect.—The map and legal description prepared under

paragraph \(1\) shall have the same force and effect as if

included in this title, except that the Secretary may correct

minor errors in the map or legal description.

\(3\) Public availability.—A copy of the map and legal

description shall be on file and available for public

inspection in the appropriate offices of the Forest Service.

SEC. 5202. MANAGEMENT OF SPECIAL MANAGEMENT AREA.

\(a\) In General.—The Secretary shall manage the Special

Management Area in accordance with—

\(1\) this division;

\(2\) the National Forest Management Act of 1976 \(16 U.S.C.

1600 et seq.\); and

\(3\) other applicable laws.

\(b\) Uses.—The Secretary shall allow only such uses of the

Special Management Area as the Secretary determines would

further the purpose of the Special Management Area, as

described in section 5201\(b\).

\(c\) Management Plan.—

\(1\) Plan required.—

\(A\) In general.—Not later than 3 years after the date of

enactment of this Act, the Secretary shall develop a

management plan for the long-term protection, management, and

monitoring of the Special Management Area.

\(B\) Review and revision.—The management plan under

subparagraph \(A\) shall, from time to time, be subject to

review and revision in accordance with—

\(i\) this division;

\(ii\) the National Forest Management Act of 1976 \(16 U.S.C.

1600 et seq.\); and

\(iii\) other applicable laws.

\(2\) Consultation and coordination.—The Secretary shall

prepare and revise the management plan under paragraph \(1\)—

\(A\) in consultation with—

\(i\) the State;

\(ii\) units of local government;

\(iii\) the public;

\(iv\) the Council; and

\(v\) the Native Fish Monitoring and Recommendation Team, as

described in section 5402\(b\)\(1\); and

\(B\) in coordination with the Secretary of the Interior,

with respect to the development of the separate management

plan for the Conservation Area, as described in section

5102\(c\).

\(3\) Recommendations.—In preparing and revising the

management plan under paragraph \(1\), the Secretary shall take

into consideration any recommendations from the Council.

\(4\) Treaty rights.—In preparing and revising the

management plan under paragraph \(1\), taking into

consideration the rights and obligations described in section

5402, the Secretary shall ensure that the management plan

does not alter or diminish—

\(A\) the treaty rights of any Indian Tribe;

\(B\) any rights described in the Colorado Ute Indian Water

Rights Settlement Act of 1988 \(Public Law 100-585; 102 Stat.

2973\); or

\(C\) the operation or purposes of the Dolores Project.

\(d\) Incorporation of Acquired Land and Interests.—Any land

or interest in land located within the boundary of the

Special Management Area that is acquired by the United States

in accordance with section 5401\(c\) after the date of

enactment of this Act shall—

\(1\) become part of the Special Management Area; and

\(2\) be managed as provided in this section.

TITLE III—TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL

WILD AND SCENIC RIVERS SYSTEM

SEC. 5301. PURPOSE.

The purpose of this title is to release portions of the

Dolores River and certain tributaries from designation for

potential addition under the Wild and Scenic Rivers Act \(16

U.S.C. 1271 et seq.\) or from further study under that Act.

SEC. 5302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER

CONGRESSIONAL STUDY AREA.

Section 5\(a\)\(56\) of the Wild and Scenic Rivers Act \(16

U.S.C. 1276\(a\)\(56\)\) is amended by inserting “and the

segments of the Dolores River located in the Dolores River

National Conservation Area designated by the Dolores River

National Conservation Area and Special Management Area Act”

before the period at the end.

SEC. 5303. APPLICABILITY OF CONTINUING CONSIDERATION

PROVISION.

Section 5\(d\)\(1\) of the Wild and Scenic Rivers Act \(16

U.S.C. 1276\(d\)\(1\)\) shall not apply to—

\(1\) the Conservation Area; or

\(2\) the Special Management Area.

TITLE IV—GENERAL PROVISIONS

SEC. 5401. MANAGEMENT OF COVERED LAND.

\(a\) Motorized Vehicles.—

\(1\) In general.—Except in cases in which motorized

vehicles are needed for administrative purposes or to respond

to an emergency, the use of motorized vehicles in the covered

land shall be permitted only on designated routes.

\(2\) Road construction.—Except as necessary for

administrative purposes, protection of public health and

safety, or providing reasonable access to private property,

the Secretary shall not construct any permanent or temporary

road within the covered land after the date of enactment of

this Act.

\(b\) Withdrawals.—Subject to valid existing rights, all

covered land, including any land or interest in land that is

acquired by the United States within the covered land after

the date of enactment of this Act, is withdrawn from—

\(1\) entry, appropriation or disposal under the public land

laws;

\(2\) location, entry, and patent under the mining laws; and

\(3\) operation of the mineral leasing, mineral materials,

and geothermal leasing laws, except as provided in section

5102\(e\).

\(c\) Willing Sellers.—Any acquisition of land or interests

in land under this division shall be only by purchase from

willing sellers, donation, or exchange.

\(d\) Grazing.—The Secretary shall issue and administer any

grazing leases or permits and trailing permits and administer

allotments in the covered land in accordance with the laws

\(including regulations\) applicable to the issuance and

administration of leases and permits on other land under the

jurisdiction of the Bureau of Land Management or Forest

Service, as applicable.

\(e\) Access to Private Land.—To ensure reasonable use and

enjoyment of private property \(whether in existence on the

date of enactment of this Act or in an improved state\), the

Secretary shall grant reasonable and feasible access through

the covered land to any private property that is located

within or adjacent to the covered land, if other routes to

the private property are blocked by physical barriers, such

as the Dolores River or the cliffs of the Dolores River.

\(f\) Easements.—The Secretary may lease or acquire

easements on private land from willing lessors, donors, or

sellers for recreation, access, conservation, or other

permitted uses, to the extent necessary to fulfill the

purposes of the Conservation Area or Special Management Area,

as applicable.

\(g\) Wildfire, Insect, and Disease Management.—The

Secretary may take any measures that the Secretary determines

to be necessary to control fire, insects, and diseases in the

covered land \(including, as the Secretary determines to be

appropriate, the coordination of the measures with the State

or a local agency\).

\(h\) Management of Ponderosa Gorge.—

\(1\) In general.—The Secretary shall manage the areas of

the Conservation Area and Special Management Area identified

on the Map as “Ponderosa Gorge” in a manner that maintains

the wilderness character of those areas as of the date of

enactment of this Act.

\(2\) Prohibited activities.—Subject to paragraphs \(3\) and

\(4\), in the areas described in paragraph \(1\), the following

activities shall be prohibited:

\(A\) New permanent or temporary road construction or the

renovation of nonsystem roads in existence on the date of

enactment of this Act.

\(B\) The use of motor vehicles, motorized equipment, or

mechanical transport, except as necessary to meet the minimum

requirements for the administration of the Federal land, to

protect public health and safety, or to conduct ecological

restoration activities to improve the aquatic habitat of the

Dolores River channel.

\(C\) Projects undertaken for the purpose of harvesting

commercial timber.

\(3\) Utility corridor.—Nothing in this subsection affects

the operation, maintenance, or location of the utility right-

of-way within the corridor, as depicted on the Map.

\(4\) Effect on certain vegetation management projects.—

Nothing in this subsection—

\(A\) affects the implementation of the Lone Pine Vegetation

Management Project authorized by the Forest Service in a

decision notice dated January 23, 2020; or

\(B\) prohibits activities relating to the harvest of

merchantable products that are byproducts of activities

conducted—

\(i\) for ecological restoration; or

\(ii\) to further the purposes of this division.

\(i\) Effect.—Nothing in this division prohibits the

Secretary from issuing a new permit and right-of-way within

the covered land for a width of not more than 150 feet for a

right-of-way that serves a transmission line in existence on

the date of enactment of this Act, on the condition that the

Secretary shall relocate the right-of-way in a manner that

furthers the purposes of this division.

\(j\) Climatological Data Collection.—Subject to such terms

and conditions as the Secretary may require, nothing in this

division precludes the installation and maintenance of

hydrologic, meteorological, or climatological collection

devices in the covered land if the facilities and access to

the facilities are essential to public safety, flood warning,

flood control, water reservoir operation activities, or the

collection of hydrologic data for water resource management

purposes.

SEC. 5402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS.

\(a\) Dolores Project.—

\(1\) Operation.—The Dolores Project and the operation of

McPhee Reservoir shall continue to be the responsibility of,

and be operated by, the Secretary, in cooperation with the

Dolores Water Conservancy District, in accordance with

applicable laws and obligations.

\(2\) Effect.—Nothing in this division affects the Dolores

Project or the current or future operation of McPhee

Reservoir in accordance with—

\(A\) the reclamation laws;

\(B\) any applicable—

\(i\) Dolores Project water contract, storage contract, or

carriage contract; or

\(ii\) allocation of Dolores Project water;

\(C\) the environmental assessment and finding of no

significant impact prepared by the Bureau of Reclamation

Upper Colorado Region and approved August 2, 1996;

\(D\) the operating agreement entitled “Operating Agreement,

McPhee Dam and Reservoir, Contract No. 99-WC-40-R6100,

Dolores Project, Colorado” and dated April 25, 2000 \(or any

subsequent renewal or revision of that agreement\);

\(E\) mitigation measures for whitewater boating, including

any such measure described in—

\(i\) the document entitled “Dolores Project Colorado

Definite Plan Report” and dated April 1977;

\(ii\) the Dolores Project final environmental statement

dated May 9, 1977; or

\(iii\) a document referred to in subparagraph \(C\) or \(D\);

\(F\) applicable Federal or State laws relating to the

protection of the environment, including—

\(i\) the Endangered Species Act of 1973 \(16 U.S.C. 1531 et

seq.\);

\(ii\) the National Environmental Policy Act of 1969 \(42

U.S.C. 4321 et seq.\); and

\(iii\) the Federal Water Pollution Control Act \(33 U.S.C.

1251 et seq.\); and

\(G\) the Colorado Ute Indian Water Rights Settlement Act of

1988 \(Public Law 100-585; 102 Stat. 2973\).

\(b\) Management of Flows.—

\(1\) In general.—In managing available flows below McPhee

Dam to conserve, protect, and enhance the resources described

in sections 5101\(b\) and 5201\(b\) of the Dolores River within

the covered land, including native fish and whitewater

boating resources, the Secretary shall seek to provide

regular and meaningful consultation and collaboration with

interested stakeholders, including the Native Fish Monitoring

and Recommendation Team, which includes water management

entities, affected counties, conservation interests,

whitewater boating interests, Colorado Parks and Wildlife,

and the Ute Mountain Ute Tribe, during the process of

decision making.

\(2\) Annual report.—Beginning on the date that is 1 year

after the date of enactment of this Act and annually

thereafter, the Commissioner of Reclamation shall prepare and

make publically available a report that describes any

progress with respect to the conservation, protection, and

enhancement of native fish in the Dolores River.

\(c\) Water Resource Projects.—

\(1\) In general.—Subject to valid existing rights and

paragraph \(2\), after the date of enactment of this Act, the

Secretary or any other officer, employee, or agent of the

United States may not assist by loan, grant, license, or

otherwise in the construction or modification of any water

resource project—

\(A\) located on the covered land that would—

\(i\) affect the free-flowing character of any stream within

the covered land; or

\(ii\) unreasonably diminish the resource values described in

sections 5101\(b\) and 5201\(b\) of the Dolores River within the

covered land; or

\(B\) located outside the covered land that would

unreasonably diminish the resource values described in

sections 5101\(b\) and 5201\(b\) of the Dolores River within the

covered land.

\(2\) Limitations.—Subject to the requirements of this

section, nothing in paragraph \(1\)—

\(A\) prevents, outside the covered land—

\(i\) the construction of small diversion dams or stock

ponds;

\(ii\) new minor water developments in accordance with

existing decreed water rights; or

\(iii\) minor modifications to structures; or

\(B\) affects access to, or operation, maintenance,

relicensing, repair, or replacement of, existing water

resource projects.

\(d\) Effect.—Nothing in this division—

\(1\) affects—

\(A\) any water right that is—

\(i\) decreed under the laws of the State; and

\(ii\) in existence on the date of enactment of this Act;

\(B\) the use, allocation, ownership, or control, in

existence on the date of enactment of this Act, of any water

or water right;

\(C\) any vested absolute or decreed conditional water right

in existence on the date of enactment of this Act, including

any water right held by the United States;

\(D\) any interstate water compact in existence on the date

of enactment of this Act; or

\(E\) State jurisdiction over any water law, water right, or

adjudication or administration relating to any water

resource;

\(2\) imposes—

\(A\) any mandatory streamflow requirement within the covered

land; or

\(B\) any Federal water quality standard within, or upstream

of, the covered land that is more restrictive than would be

applicable if the covered land had not been designated as the

Conservation Area or Special Management Area under this

division; or

\(3\) constitutes an express or implied reservation by the

United States of any reserved or appropriative water right

within the covered land.

SEC. 5403. EFFECT ON PRIVATE PROPERTY AND REGULATORY

AUTHORITY.

\(a\) Effect.—Nothing in this division—

\(1\) affects valid existing rights;

\(2\) requires any owner of private property to bear any

costs associated with the implementation of the management

plan under this division;

\(3\) affects the jurisdiction or responsibility of the State

with respect to fish and wildlife in the State;

\(4\) requires a change in or affects local zoning laws of

the State or a political subdivision of the State; or

\(5\) affects—

\(A\) the jurisdiction over, use, or maintenance of county

roads in the covered land; or

\(B\) the administration of the portion of the road that is

not a county road and that is commonly known as the “Dolores

River Road” within the Conservation Area, subject to the

condition that the Secretary shall not improve the road

beyond the existing primitive condition of the road.

\(b\) Adjacent Management.—

\(1\) No buffer zones.—The designation of the Conservation

Area and the Special Management Area by this division shall

not create any protective perimeter or buffer zone around the

Conservation Area or Special Management Area, as applicable.

\(2\) Private land.—Nothing in this division requires the

prohibition of any activity on private land outside the

boundaries of the Conservation Area or the Special Management

Area that can be seen or heard from within such a boundary.

SEC. 5404. TRIBAL RIGHTS AND TRADITIONAL USES.

\(a\) Treaty Rights.—Nothing in this division affects the

treaty rights of any Indian Tribe, including rights under the

Agreement of September 13, 1873, ratified by the Act of April

29, 1874 \(18 Stat. 36, chapter 136\).

\(b\) Traditional Tribal Uses.—Subject to any terms and

conditions as the Secretary determines to be necessary and in

accordance with applicable law, the Secretary shall allow for

the continued use of the covered land by members of Indian

Tribes—

\(1\) for traditional ceremonies; and

\(2\) as a source of traditional plants and other materials.

SA 6005. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. GUNNISON OUTDOOR RESOURCES PROTECTION.

\(a\) Definitions.—In this section:

\(1\) Collaboratively developed.—The term “collaboratively

developed”, with respect to a project, means the project is

developed and implemented through a collaborative process

that—

\(A\) includes multiple interested persons representing

diverse interests; and

\(B\)\(i\) is transparent and nonexclusive; or

\(ii\) meets the requirements for a resource advisory

committee under—

\(I\) for projects carried out on National Forest System

land, subsections \(c\) through \(f\) of section 205 of the

Secure Rural Schools and Community Self-Determination Act of

2000 \(16 U.S.C. 7125\); or

\(II\) for projects carried out on Bureau of Land Management

land, subpart 1784 of part 1700 of title 43, Code of Federal

Regulations \(or successor regulations\).

\(2\) County.—The term “County” means Gunnison County,

Colorado.

\(3\) Covered area.—The term “covered area” means each of

the Special Management Areas, Wildlife Conservation Areas,

Protection Areas, and Recreation Management Areas and the

Scientific Research and Education Area.

\(4\) Decommission.—The term “decommission”, with respect

to a road, means—

\(A\) reestablishing native vegetation on the road;

\(B\) restoring any natural drainage, watershed function, or

other ecological processes that were disrupted or adversely

impacted by the road by removing or hydrologically

disconnecting the road prism and reestablishing stable slope

contours;

\(C\) effectively blocking the road to vehicular traffic,

where feasible; and

\(D\) developing and implementing an effective monitoring and

response plan for invasive species and vehicular traffic

incursions.

\(5\) Ecological integrity.—The term “ecological

integrity” has the meaning given the term in section 219.19

of title 36, Code of Federal Regulations \(as in effect on the

date of enactment of this Act\).

\(6\) Off-highway vehicle.—The term “off-highway

vehicle”—

\(A\) with respect to National Forest System land, has the

meaning given the term in section 212.1 of title 36, Code of

Federal Regulations \(or a successor regulation\); and

\(B\) with respect to land managed by the Bureau of Land

Management, has the meaning given the term “off-road

vehicle” in section 8340.0-5 of title 43, Code of Federal

Regulations \(or a successor regulation\).

\(7\) Over-snow vehicle.—The term “over-snow vehicle” has

the meaning given the term in section 212.1 of title 36, Code

of Federal Regulations \(or a successor regulation\).

\(8\) Protection area.—The term “Protection Area” means a

protection area designated by subsection \(d\)\(1\).

\(9\) Recreation management area.—The term “Recreation

Management Area” means a recreation management area

designated by subsection \(e\)\(1\).

\(10\) Restore.—The term “restore” has the meaning given

the term in section 219.19 of title 36, Code of Federal

Regulations \(as in effect on the date of enactment of this

Act\).

\(11\) Scientific research and education area.—The term

“Scientific Research and Education Area” means the Rocky

Mountain Scientific Research and Education Area designated by

subsection \(f\)\(1\).

\(12\) Secretary.—The term “Secretary” means—

\(A\) the Secretary of Agriculture \(acting through the Chief

of the Forest Service\), with respect to National Forest

System land; and

\(B\) the Secretary of the Interior with respect to land

managed by the Director of the Bureau of Land Management.

\(13\) Special management area.—The term “Special

Management Area” means a special management area designated

by subsection \(b\)\(1\).

\(14\) State.—The term “State” means the State of

Colorado.

\(15\) Wilderness area.—The term “wilderness area” means

any area designated as wilderness by the amendments to

section 2\(a\) of the Colorado Wilderness Act of 1993 \(16

U.S.C. 1132 note; Public Law 103-77\) made by subsection

\(g\)\(1\).

\(16\) Wildland-urban interface.—The term “wildland-urban

interface” means land within a covered area that is within

\\1/4\\ mile of the interface and intermix areas mapped as the

wildland-urban interface in the document entitled “The 2010

Wildland-Urban Interface of the Conterminous United States”

and published by the Department of Agriculture in 2015.

\(17\) Wildlife conservation area.—The term “Wildlife

Conservation Area” means a wildlife conservation area

designated by subsection \(c\)\(1\).

\(18\) Winter travel management plan.—The term “winter

travel management plan” means a decision designating roads,

trails, or areas for over-snow vehicle use in accordance

with—

\(A\) in the case of Forest Service land within a covered

area, subpart C of part 212 of title 36, Code of Federal

Regulations \(or successor regulations\); and

\(B\) in the case of Bureau of Land Management land within a

covered area, subpart 8342 of title 43, Code of Federal

Regulations \(or successor regulations\).

\(b\) Designation of Special Management Areas.—

\(1\) Designation.—

\(A\) American flag special management area.—Subject to

valid existing rights, certain Federal land in the County

managed by the Forest Service comprising approximately 36,171

acres, as generally depicted as “American Flag SMA” on the

map entitled “Sheet 4: Brush Creek, Cement Creek, and Spring

Creek” and dated August 27, 2024, is designated as the

“American Flag Special Management Area”.

\(B\) Beckwiths special management area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service comprising approximately 24,031 acres,

as generally depicted as “Beckwiths SMA” on the map

entitled “Sheet 3: Kebler and Schofield Pass” and dated

August 27, 2024, is designated as the “Beckwiths Special

Management Area”.

\(C\) Clear fork special management area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service comprising approximately 37,998 acres,

as generally depicted as “Clear Fork SMA” on the map

entitled

“Sheet 2: McClure Pass” and dated August 27, 2024, is

designated as the “Clear Fork Special Management Area”.

\(D\) Mcintosh mountain special management area.—Subject to

valid existing rights, certain Federal land in the County

managed by the Bureau of Land Management and the Forest

Service comprising approximately 22,497 acres, as generally

depicted as “McIntosh Mountain SMA” on the map entitled

“Sheet 8: Gunnison Valley and Ohio Pass” and dated August

27, 2024, is designated as the “McIntosh Mountain Special

Management Area”.

\(E\) North poverty gulch special management area.—Subject

to valid existing rights, certain Federal land in the County

managed by the Forest Service comprising approximately 5,476

acres, as generally depicted as “North Poverty Gulch SMA”

on the map entitled “Sheet 3: Kebler and Schofield Pass”

and dated August 27, 2024, is designated as the “North

Poverty Gulch Special Management Area”.

\(F\) Pilot knob special management area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service comprising approximately 16,973 acres,

as generally depicted as “Pilot Knob SMA” on the map

entitled “Sheet 2: McClure Pass” and dated August 27, 2024,

is designated as the “Pilot Knob Special Management Area”.

\(G\) Signal peak special management area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Bureau of Land Management and the Forest Service

comprising approximately 28,345 acres, as generally depicted

as “Signal Peak SMA” on the map entitled “Sheet 9: Cabin

Creek” and dated August 27, 2024, is designated as the

“Signal Peak Special Management Area”.

\(H\) Union park special management area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service comprising approximately 22,483 acres,

as generally depicted as “Union Park SMA” on the map

entitled “Sheet 5: Union Park” and dated August 27, 2024,

is designated as the “Union Park Special Management Area”.

\(I\) Whetstone headwaters special management area.—Subject

to valid existing rights, certain Federal land in the County

managed by the Forest Service and the Bureau of Land

Management comprising approximately 20,676 acres, as

generally depicted as “Whetstone Headwaters SMA” on the map

entitled “Sheet 3: Kebler and Schofield Pass” and dated

August 27, 2024, is designated as the “Whetstone Headwaters

Special Management Area”.

\(2\) Purpose.—The purpose of the Special Management Areas

is to conserve, protect, and enhance for the benefit of

present and future generations the natural, scenic,

scientific, cultural, watershed, recreation, and wildlife

resources of the Special Management Areas.

\(3\) Management.—

\(A\) In general.—The Secretary shall manage the Special

Management Areas in a manner that—

\(i\) conserves, protects, and enhances the resources of the

Special Management Areas; and

\(ii\) is in accordance with—

\(I\) this section; and

\(II\) other applicable laws.

\(B\) Uses.—

\(i\) In general.—The Secretary shall only allow uses of the

Special Management Areas that the Secretary determines would

further the purpose described in paragraph \(2\).

\(ii\) Vehicle and bicycle use.—

\(I\) In general.—The use of off-highway vehicles and

bicycles in the Special Management Areas shall be permitted

only on roads, trails, and areas designated for use by those

vehicles on the date of enactment of this Act, except—

\(aa\) as needed for administrative purposes;

\(bb\) to respond to an emergency; or

\(cc\) as authorized under subclauses \(II\) and \(III\).

\(II\) Winter travel management.—For any portion of a

Special Management Area for which the Secretary has not

adopted a winter travel management plan as of the date of

enactment of this Act, the Secretary—

\(aa\) shall, not later than 3 years after the date of

enactment of this Act, adopt a winter travel management plan

with respect to the applicable portion of the Special

Management Area; and

\(bb\) may, during any period beginning on the date of

enactment of this Act and ending on the date of adoption of a

winter travel management plan for the applicable portion

under item \(aa\), permit the use of over-snow vehicles in the

applicable portion of the Special Management Area in

accordance with the applicable land management plan or other

applicable management direction.

\(III\) Potential trails.—The Secretary may permit—

\(aa\) the use of bicycles on the potential trails described

in subparagraph \(C\) if the trails are designated by the

Secretary for the use; and

\(bb\) the use of off-highway vehicles on the potential

trails described in clauses \(i\), \(iii\), and \(vi\) of

subparagraph \(C\) if the trails are designated by the

Secretary for the use.

\(C\) Limitation.—Nothing in this subsection affects the

potential development, in accordance with applicable law,

of—

\(i\) a proposed trail of less than 50 inches in width,

commonly known as the “Big Grassy Trail”, within the

American Flag Special Management Area designated by paragraph

\(1\)\(A\);

\(ii\) the proposed trails, commonly known as the “Crested

Butte to Paonia Trail” and the “Crested Butte to Carbondale

Trail”, within the Beckwiths Special Management Area

designated by paragraph \(1\)\(B\);

\(iii\) the proposed trails, commonly known as the “Antelope

Ridge Trail and Connector”, the “East West Antelope

Trail”, the “West Antelope Trail”, and the “Mill Creek

Connector”, within the McIntosh Mountain Special Management

Area designated by paragraph \(1\)\(D\);

\(iv\) the proposed trail, commonly known as the “Gunnison

to Crested Butte Trail”, and the trails generally depicted

in figure 7 of the document entitled “Candidate Conservation

Agreement: For the Gunnison sage-grouse, Centrocercus

minimus—Gunnison Basin Population” and dated 2012 within

the Signal Peak Special Management Area designated by

paragraph \(1\)\(G\);

\(v\) the proposed trails, commonly known as the “Gunnison

to Crested Butte Trail” and the “Baxter Gulch to Splain's

Gulch Trail”, in the Whetstone Headwaters Special Management

Area designated by paragraph \(1\)\(I\); or

\(vi\) the proposed trail, commonly known as the “Splain's

Gulch to Carbon Creek Trail”, in the Whetstone Headwaters

Special Management Area designated by paragraph \(1\)\(I\).

\(c\) Designation of Wildlife Conservation Areas.—

\(1\) Designation.—

\(A\) Cabin creek wildlife conservation area.—Subject to

valid existing rights, certain Federal land in the County

managed by the Bureau of Land Management and the Forest

Service comprising approximately 29,518 acres, as generally

depicted as “Cabin Creek WCA” on the map entitled “Sheet

9: Cabin Creek” and dated August 27, 2024, is designated as

the “Cabin Creek Wildlife Conservation Area”.

\(B\) Flat top wildlife conservation area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service comprising approximately 28,844 acres,

as generally depicted as “Flat Top WCA” on the map entitled

“Sheet 8: Gunnison Valley and Ohio Pass” and dated August

27, 2024, is designated as the “Flat Top Wildlife

Conservation Area”.

\(C\) Lake gulch and cebolla creek wildlife conservation

area.—Subject to valid existing rights, certain Federal land

in the County managed by the Bureau of Land Management

comprising approximately 50,535 acres, as generally depicted

as “Lake Gulch and Cebolla Creek WCA” on the map entitled

“Sheet 11: Lake Fork” and dated August 27, 2024, is

designated as the “Lake Gulch and Cebolla Creek Wildlife

Conservation Area”.

\(D\) Matchless wildlife conservation area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service and the Bureau of Land Management

comprising approximately 12,975 acres, as generally depicted

as “Matchless WCA” on the map entitled “Sheet 4: Brush

Creek, Cement Creek, and Spring Creek” and dated August 27,

2024, is designated as the “Matchless Wildlife Conservation

Area”.

\(E\) Munsey creek wildlife conservation area.—Subject to

valid existing rights, certain Federal land in the County

managed by the Forest Service and the Bureau of Land

Management comprising approximately 3,281 acres, as generally

depicted as “Munsey Creek WCA” on the map entitled “Sheet

3: Kebler and Schofield Pass” and dated August 27, 2024, is

designated as the “Munsey Creek Wildlife Conservation

Area”.

\(F\) Pinnacles wildlife conservation area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service and the Bureau of Land Management

comprising approximately 27,935 acres, as generally depicted

as “Pinnacles WCA” on the map entitled “Sheet 8: Gunnison

Valley and Ohio Pass” and dated August 27, 2024, is

designated as the “Pinnacles Wildlife Conservation Area”.

\(G\) Powderhorn wildlife conservation area.—Subject to

valid existing rights, certain Federal land in the County

managed by the Bureau of Land Management comprising

approximately 27,668 acres, as generally depicted as

“Powderhorn WCA” on the map entitled “Sheet 11: Lake

Fork” and dated August 27, 2024, is designated as the

“Powderhorn Wildlife Conservation Area”.

\(H\) Sawtooth wildlife conservation area.—Subject to valid

existing rights, certain Federal land in the County and in

Saguache County, Colorado, managed by the Bureau of Land

Management comprising approximately 43,109 acres, as

generally depicted as “Sawtooth WCA” on the map entitled

“Sheet 11: Lake Fork” and dated August 27, 2024, is

designated as the “Sawtooth Wildlife Conservation Area”.

\(2\) Purposes.—The purposes of the Wildlife Conservation

Areas are—

\(A\) to conserve, protect, enhance, and restore for the

benefit and enjoyment of present and future generations the

wildlife and wildlife habitat of the Wildlife Conservation

Areas; and

\(B\) to conserve, protect, and enhance for the benefit and

enjoyment of present and future generations the natural,

scenic, scientific, cultural, watershed, and recreation

resources of the Wildlife Conservation Areas.

\(3\) Management.—

\(A\) In general.—The Secretary shall manage the Wildlife

Conservation Areas in a manner that—

\(i\) furthers the purposes of the Wildlife Conservation

Areas; and

\(ii\) is in accordance with—

\(I\) this section; and

\(II\) other applicable laws.

\(B\) Uses.—

\(i\) In general.—The Secretary shall only allow uses of the

Wildlife Conservation Areas that the Secretary determines

would further the purposes described in paragraph \(2\).

\(ii\) Vehicle and bicycle use.—

\(I\) In general.—The use of off-highway vehicles and

bicycles in the Wildlife Conservation Areas shall be

permitted only on roads, trails, and areas designated for the

uses on the date of enactment of this Act.

\(II\) Exceptions.—Notwithstanding subclause \(I\)—

\(aa\) off-highway vehicles and bicycles may be permitted—

\(AA\) as needed for administrative purposes; or

\(BB\) to respond to an emergency;

\(bb\) for any portion of a Wildlife Conservation Area for

which the Secretary has not adopted a winter travel

management plan as of the date of enactment of this Act, the

Secretary—

\(AA\) shall, not later than 3 years after the date of

enactment of this Act, adopt a winter travel management plan

for the applicable portion of the Wildlife Conservation Area;

and

\(BB\) may, during the period beginning on the date of

enactment of this Act and ending on the date of adoption of a

winter travel management plan for the applicable portion

under subitem \(AA\), permit the use of over-snow vehicles in

the applicable portion of the Wildlife Conservation Area in

accordance with the applicable land management plan or other

applicable management direction;

\(cc\) except as authorized under item \(aa\), the use of off-

highway vehicles and bicycles shall be prohibited in the

Matchless Wildlife Conservation Area designated by paragraph

\(1\)\(D\); and

\(dd\) the Secretary may permit the use of bicycles on the

potential trails described in subparagraph \(C\) if the trails

are designated by the Secretary for the use.

\(C\) Limitation.—Nothing in this subsection affects the

potential development, in accordance with applicable law,

of—

\(i\) the proposed trail, commonly known as the “Gunnison to

Crested Butte Trail”, in the Flat Top Wildlife Conservation

Area designated by paragraph \(1\)\(B\);

\(ii\) the proposed trail, commonly known as the “Crested

Butte to Carbondale Trail”, in the Munsey Creek Wildlife

Conservation Area designated by paragraph \(1\)\(E\); or

\(iii\) the proposed trails, commonly known as the

“Tenderfoot Mountain to Bambi's Trail” and the “Big Loop

Trail”, in the Sawtooth Wildlife Conservation Area

designated by paragraph \(1\)\(H\).

\(d\) Designation of Protection Areas.—

\(1\) Designation.—

\(A\) Castle protection area.—Subject to valid existing

rights, certain Federal land in the County managed by the

Forest Service comprising approximately 6,390 acres, as

generally depicted as “Castle Protection Area” on the map

entitled “Sheet 8: Gunnison Valley and Ohio Pass” and dated

August 27, 2024, is designated as the “Castle Protection

Area”.

\(B\) Deer creek protection area.—Subject to valid existing

rights, certain Federal land in the County managed by the

Forest Service comprising approximately 3,136 acres, as

generally depicted as “Deer Creek Protection Area” on the

map entitled “Sheet 3: Kebler and Schofield Pass” and dated

August 27, 2024, is designated as the “Deer Creek Protection

Area”.

\(C\) Granite basin protection area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service and the Bureau of Land Management

comprising approximately 9,666 acres, as generally depicted

as “Granite Basin Protection Area” on the map entitled

“Sheet 4: Brush Creek, Cement Creek, and Spring Creek” and

dated August 27, 2024, is designated as the “Granite Basin

Protection Area”.

\(D\) South poverty gulch protection area.—Subject to valid

existing rights, certain Federal land in the County managed

by the Forest Service and the Bureau of Land Management

comprising approximately 1,350 acres, as generally depicted

as “South Poverty Gulch Protection Area” on the map

entitled “Sheet 3: Kebler and Schofield Pass” and dated

August 27, 2024, is designated as the “South Poverty Gulch

Protection Area”.

\(2\) Purposes.—The purposes of the Protection Areas are—

\(A\) to protect the natural and undeveloped character of the

Protection Areas; and

\(B\) to conserve and protect for the benefit and enjoyment

of present and future generations the natural, scenic,

scientific, cultural, watershed, recreation, and wildlife

resources of the Protection Areas.

\(3\) Management.—

\(A\) In general.—The Secretary shall manage the Protection

Areas in a manner that—

\(i\) furthers the purposes of the Protection Areas described

in paragraph \(2\); and

\(ii\) is in accordance with—

\(I\) this section; and

\(II\) other applicable laws.

\(B\) Uses.—

\(i\) In general.—The Secretary shall only allow uses of the

Protection Areas that the Secretary determines would further

the purposes described in paragraph \(2\).

\(ii\) Vehicle use.—

\(I\) In general.—Except as provided in subclause \(II\), as

needed for administrative purposes, or to respond to an

emergency, the use of off-highway vehicles in the Protection

Areas is prohibited.

\(II\) Over-snow vehicles.—The Secretary may permit the use

of over-snow vehicles in the Deer Creek Protection Area

designated by paragraph \(1\)\(B\) on roads, trails, and areas

designated for the use on the date of enactment of this Act.

\(iii\) Bicycles.—The Secretary may permit the use of

bicycles in the Protection Areas only—

\(I\) on roads and trails designated for the use on the date

of enactment of this Act;

\(II\) as needed for administrative purposes;

\(III\) to respond to an emergency; or

\(IV\) if designated by the Secretary for the use on the

potential trails described in subparagraph \(C\).

\(C\) Limitation.—Nothing in this subsection affects the

potential development, in accordance with applicable law,

of—

\(i\) the proposed trail, commonly known as the “Deer Creek

to Brush Creek Connector Trail”, within the Deer Creek

Protection Area designated by paragraph \(1\)\(B\);

\(ii\) the proposed trail, commonly known as the “Eccher

Exit Trail”, within the Granite Basin Protection Area

designated by paragraph \(1\)\(C\); or

\(iii\) the proposed trail, commonly known as the “Lower

Loop Trail Extension”, in the South Poverty Gulch Protection

Area designated by paragraph \(1\)\(D\).

\(e\) Designation of Recreation Management Areas.—

\(1\) Designation.—

\(A\) Double top recreation management area.—Subject to

valid existing rights, certain Federal land in the County

managed by the Forest Service comprising approximately 14,734

acres, as generally depicted as “Double Top RMA” on the map

entitled “Sheet 4: Brush Creek, Cement Creek, and Spring

Creek” and dated August 27, 2024, is designated as the

“Double Top Recreation Management Area”.

\(B\) Horse ranch park recreation management area.—Subject

to valid existing rights, certain Federal land in the County

managed by the Forest Service comprising approximately 3,513

acres, as generally depicted as “Horse Ranch Park RMA” on

the map entitled “Sheet 3: Kebler and Schofield Pass” and

dated August 27, 2024, is designated as the “Horse Ranch

Park Recreation Management Area”.

\(2\) Purposes.—The purposes of the Recreation Management

Areas are—

\(A\) to provide for, and improve the management of,

recreation resources in the Recreation Management Areas for

the benefit and enjoyment of present and future generations;

and

\(B\) to conserve, protect, and enhance for the benefit and

enjoyment of present and future generations the natural,

scenic, scientific, cultural, watershed, and wildlife

resources of the Recreation Management Areas.

\(3\) Management.—

\(A\) In general.—The Secretary shall manage the Recreation

Management Areas in a manner that—

\(i\) furthers the purposes of the Recreation Management

Areas described in paragraph \(2\); and

\(ii\) is in accordance with—

\(I\) this section; and

\(II\) other applicable laws.

\(B\) Uses.—

\(i\) In general.—The Secretary shall only allow uses of the

Recreation Management Areas that the Secretary determines

would further the purposes described in paragraph \(2\).

\(ii\) Vehicle and bicycle use.—

\(I\) Double top.—

\(aa\) In general.—Except as provided in item \(bb\), the use

of off-highway vehicles and bicycles in the Double Top

Recreation Management Area designated by paragraph \(1\)\(A\)

shall be permitted only on roads and trails designated for

the use on the date of enactment of this Act.

\(bb\) Exceptions.—

\(AA\) Over-snow vehicles.—Except as provided in subitem

\(BB\), the use of over-snow vehicles shall not be permitted in

the Double Top Recreation Management Area designated by

paragraph \(1\)\(A\).

\(BB\) Administrative use.—Nothing in this subsection limits

the use of off-highway vehicles in the Double Top Recreation

Management Area designated by paragraph \(1\)\(A\) as necessary

for administrative purposes or to respond to an emergency

\(including as appropriate for administrative support and

emergency response during the Grand Traverse skiing event, as

permitted by the Grand Mesa, Uncompahgre, and Gunnison

National Forests\).

\(II\) Horse ranch park.—

\(aa\) Vehicle use.—

\(AA\) In general.—Except as provided in subitem \(BB\), the

use of off-highway vehicles in the Horse Ranch Park

Recreation Management Area designated by paragraph \(1\)\(B\) is

prohibited.

\(BB\) Exceptions.—The Secretary may permit the use of over-

snow vehicles in the Horse Ranch Park Recreation Management

Area designated by paragraph \(1\)\(B\) only on roads, trails,

and areas designated for the use on the date of enactment of

this Act or as needed for administrative purposes or to

respond to an emergency.

\(bb\) Bicycles.—The Secretary may permit the use of

bicycles in the Horse Ranch Park Recreation Management Area

designated by paragraph \(1\)\(B\) only—

\(AA\) on roads, trails, and areas designated for the use on

the date of enactment of this Act;

\(BB\) as needed for administrative purposes;

\(CC\) to respond to an emergency; or

\(DD\) if designated by the Secretary for the use on the

potential trails described in item \(cc\).

\(cc\) Limitation.—Nothing in this subsection affects the

potential development, in accordance with applicable law, of

the proposed trail commonly known as the “Crested Butte to

Paonia Trail”, the proposed trail commonly known as the

“Crested Butte to Carbondale Trail”, or the proposed trail

commonly known as the “Dark Canyon Loop Trail”, in the

Horse Ranch Park Recreation Management Area designated by

paragraph \(1\)\(B\).

\(f\) Designation of the Rocky Mountain Scientific Research

and Education Area.—

\(1\) Designation.—Subject to valid existing rights, certain

Federal land managed by the Forest Service comprising

approximately 12,250 acres, as generally depicted as “Rocky

Mountain Scientific Research and Education Area” on the map

entitled “Sheet 3: Kebler and Schofield Pass” and dated

August 27, 2024, is designated as the “Rocky Mountain

Scientific Research and Education Area”.

\(2\) Purposes.—The purposes of the Scientific Research and

Education Area are—

\(A\) to encourage and preserve conditions necessary for

ecological, evolutionary, geological, biogeochemical,

climatological, biological, meteorological, and other natural

science research and education;

\(B\) to provide opportunities for the use of continually

emerging techniques and methodologies in the conduct of the

research and education described in subparagraph \(A\); and

\(C\) to conserve, protect, and enhance for the benefit and

enjoyment of present and future generations the natural,

scenic, scientific, cultural, watershed, recreation, and

wildlife resources of the Scientific Research and Education

Area.

\(3\) Management.—

\(A\) In general.—The Secretary shall manage the Scientific

Research and Education Area in a manner that—

\(i\) furthers the purposes of the Scientific Research and

Education Area described in paragraph \(2\); and

\(ii\) is in accordance with—

\(I\) this section; and

\(II\) other applicable laws.

\(B\) Uses.—

\(i\) In general.—The Secretary shall only allow uses of the

Scientific Research and Education Area that the Secretary

determines would further the purposes described in paragraph

\(2\).

\(ii\) Vehicle use.—Except as needed for administrative

purposes or to respond to an emergency, the use of off-

highway vehicles in the Scientific Research and Education

Area shall be permitted only on roads designated for the use

on the date of enactment of this Act.

\(iii\) Bicycles.—The use of bicycles in the Scientific

Research and Education Area shall be permitted only—

\(I\) on roads and trails designated for the use by the

Secretary on the date of enactment of this Act; or

\(II\) on trails designated for the use by the Secretary

after the date of enactment of this Act if the Secretary

determines that the use is consistent with the purposes

described in subparagraphs \(A\) and \(B\) of paragraph \(2\).

\(4\) Effect.—Nothing in this subsection limits the

authority of the Rocky Mountain Biological Laboratory to

conduct scientific research or education activities inside or

outside the boundaries of the Scientific Research and

Education Area.

\(g\) Designation of Wilderness.—

\(1\) Designation.—Section 2\(a\) of the Colorado Wilderness

Act of 1993 \(16 U.S.C. 1132 note; 107 Stat. 756; 114 Stat.

1955; 116 Stat. 1055; 128 Stat. 3823\) is amended—

\(A\) in paragraph \(6\), by striking “1993,” and inserting

“1993, and approximately 2,096 acres, as generally depicted

as \`Crystal Creek Wilderness Addition' and \`Lottis Creek

Wilderness Addition' on the map entitled \`Sheet 4: Brush

Creek, Cement Creek, and Spring Creek' and dated August 27,

2024,”;

\(B\) in paragraph \(9\)—

\(i\) by striking “Gunnison” and inserting “Gunnison and

White River”; and

\(ii\) by striking “1993,” and inserting “1993, and

approximately 11,780 acres, as generally depicted as \`Poverty

Gulch Wilderness Addition', \`Treasure Wilderness Addition',

and \`Erickson Springs Wilderness Addition' on the map

entitled \`Sheet 3: Kebler and Schofield Pass' and dated

August, 27, 2024,”; and

\(C\) by adding at the end the following:

“\(23\) Matchless wilderness.—Certain Federal land in the

Grand Mesa, Uncompahgre, and Gunnison National Forests

comprising approximately 8,656 acres, as generally depicted

as \`Matchless Wilderness' on the map entitled \`Sheet 4: Brush

Creek, Cement Creek, and Spring Creek' and dated August, 27,

2024, which shall be known as the \`Matchless Wilderness'.

“\(24\) East cement wilderness.—Certain Federal land in the

Grand Mesa, Uncompahgre, and Gunnison National Forests

comprising approximately 7,684 acres, as generally depicted

as \`East Cement Wilderness' on the map entitled \`Sheet 4:

Brush Creek, Cement Creek, and Spring Creek' and dated August

27, 2024, which shall be known as the \`East Cement

Wilderness'.

“\(25\) Star peak wilderness.—Certain Federal land in the

Grand Mesa, Uncompahgre, Gunnison, and the White River

National Forests comprising approximately 7,210 acres, as

generally depicted as \`Star Peak Wilderness' on the map

entitled \`Sheet 4: Brush Creek, Cement Creek, and Spring

Creek' and dated August 27, 2024, which shall be known as the

\`Star Peak Wilderness'.

“\(26\) Maroon bells-snowmass wilderness addition.—Certain

Federal land in the Grand Mesa, Uncompahgre, and Gunnison

National Forests comprising approximately 3,321 acres, as

generally depicted as \`Deer Creek Wilderness Addition' and

\`Ashcroft Wilderness Addition' on the map entitled \`Sheet 4:

Brush Creek, Cement Creek, and Spring Creek' and dated August

27, 2024, which shall be incorporated in, and managed as part

of, the Maroon Bells-Snowmass Wilderness.

“\(27\) West elk wilderness addition.—Certain Federal land

in the Gunnison Field Office administered by the Bureau of

Land Management, in the Grand Mesa, Uncompahgre, and Gunnison

National Forests and in the Curecanti National Recreation

Area, comprising approximately 58,603 acres, as generally

depicted as \`Lamborn Wilderness Addition', \`Castle Wilderness

Addition', \`Beaver Wilderness Addition', \`Steuben Creek

Wilderness Addition', \`East Elk Creek Wilderness Addition',

\`Dillon Mesa Wilderness Addition', \`Soap Creek Wilderness

Addition', and \`Curecanti Wilderness Addition' on the map

entitled \`Sheet 7: West Elk Additions' and dated August 27,

2024, which shall be incorporated in, and managed as part of,

the West Elk Wilderness.

“\(28\) Uncompahgre wilderness additions.—Certain Federal

land in the Grand Mesa, Uncompahgre, and Gunnison National

Forests comprising approximately 13,948 acres, as generally

depicted as \`Uncompahgre Wilderness Additions' on the map

entitled \`Sheet 10: Uncompahgre Additions' and dated August

27, 2024, which shall be incorporated in, and managed as part

of, the Uncompahgre Wilderness.

“\(29\) Powderhorn wilderness addition.—Certain Federal

land in the Gunnison Field Office administered by the Bureau

of Land Management comprising approximately 9,604 acres, as

generally depicted as \`Powderhorn Wilderness Addition' on the

map entitled \`Sheet 11: Lake Fork' and dated August 27, 2024,

which shall be incorporated in, and managed as part of, the

Powderhorn Wilderness.”.

\(2\) Applicable law.—Any reference in the Wilderness Act

\(16 U.S.C. 1131 et seq.\) or the Colorado Wilderness Act of

1993 \(16 U.S.C. 1132 note; Public Law 103-77\) 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.

\(3\) Fire, insects, and diseases.—In accordance with

section 4\(d\)\(1\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\),

the Secretary may carry out any measure within the wilderness

areas that the Secretary determines to be necessary to

control fire, insects, and diseases, subject to any terms and

conditions that the Secretary determines to be appropriate.

\(4\) West elk wilderness boundary modification.—

\(A\) In general.—The boundary of the West Elk Wilderness in

the County is modified to exclude the approximately 15 acres

generally depicted as “West Elk Wilderness Boundary

Pullback” on the map entitled “Sheet 3: Kebler and

Schofield Pass” and dated August 27, 2024.

\(B\) Withdrawal.—Subject to valid existing rights, the

Federal land excluded from the boundary of the West Elk

Wilderness under subparagraph \(A\) is withdrawn from—

\(i\) entry, appropriation, or disposal under the public land

laws;

\(ii\) location, entry, and patent under the mining laws; and

\(iii\) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

\(5\) Release.—Congress finds that, for the purposes of

subsection \(c\) of section 603 of the Federal Land Policy and

Management Act of 1976 \(43 U.S.C. 1782\), the land within the

Powderhorn Wilderness Study Area not designated as wilderness

by this subsection \(or an amendment made by this

subsection\)—

\(A\) has been adequately studied for wilderness designation;

and

\(B\) is no longer subject to that subsection.

\(h\) North Fork Valley Watershed.—

\(1\) Withdrawal.—

\(A\) In general.—Subject to valid existing rights, the

Federal land in Delta County, Colorado, as generally depicted

as “Oil and Gas Withdrawal” on the map entitled “Sheet 6:

North Fork Valley” and dated August 27, 2024, is withdrawn

from operation of the mineral leasing laws with respect to

oil and gas.

\(B\) Effect.—Nothing in subparagraph \(A\) prevents the

Secretary of the Interior from authorizing the use or

destruction of methane gas that would leak or be vented into

the atmosphere from—

\(i\) an active or inactive coal mine subject to a Federal

coal lease; or

\(ii\) an abandoned underground coal mine or the site of a

former coal mine—

\(I\) that is not subject to a Federal coal lease; and

\(II\) with respect to which the Federal interest in land

includes mineral rights to the methane gas.

\(2\) No surface occupancy restriction.—Subject to valid

existing rights, the Federal land in Delta County, Colorado,

as generally depicted as “Oil and Gas No Surface Occupancy”

on the map entitled “Sheet 1: Electric Mountain” and dated

August 27, 2024,

shall be subject to a no surface occupancy restriction with

respect to oil and gas exploration, development, production,

and distribution.

\(3\) Gunnison river motorized boats and boat ramp use.—

\(A\) In general.—Notwithstanding the limitation on transfer

in the Gunnison Gorge National Conservation Area Approved

Resource Management Plan dated November 2004, the Secretary

of the Interior, in accordance with the Wilderness Act \(16

U.S.C. 1131 et seq.\) and subject to subparagraph \(B\) and such

terms and conditions as the Secretary of the Interior may

require, may transfer the special recreation use permit for

the use of motorized boats within the Gunnison Gorge

Wilderness Area, if the use was established before the date

of designation of the Gunnison Gorge Wilderness Area.

\(B\) Boat ramp.—The Secretary of the Interior may only

transfer the special recreation use permit described in

subparagraph \(A\) under that subparagraph if the Secretary of

the Interior determines that—

\(i\) the right of the public to the permanent and reasonable

use of the boat ramp for the Gunnison River at the Gunnison

Forks Day Use Area in Delta County, Colorado, has been

acquired by a Federal agency or a State or local government;

and

\(ii\) any fees to be charged by the Federal agency or the

State or local government for public use of the boat ramp

described in clause \(i\) would be reasonable.

\(i\) Land to Be Held in Trust for the Ute Mountain Ute

Tribe.—

\(1\) Trust.—

\(A\) In general.—Not later than 1 year after the date of

enactment of this Act and subject to valid existing rights,

on request by the Ute Mountain Ute Tribe \(referred to in this

subsection as the “Tribe”\), the Secretary of the Interior

shall take into trust for the benefit of the Tribe the

approximately 19,080 acres of land in the County, owned in

fee by the Tribe, as generally depicted on the map entitled

“Ute Mountain Ute Tribe; Pinecrest Ranch—Fee to Trust

Legislation” and dated September 20, 2024.

\(B\) Administration.—The land taken into trust by

subparagraph \(A\) shall—

\(i\) be part of the reservation of the Tribe; and

\(ii\) be 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.

\(C\) Restriction on use for gaming activities.—The land

taken into trust by subparagraph \(A\) shall not be eligible

for, or considered to have been taken into trust for, any

gaming activity under any Federal law, including the Indian

Gaming Regulatory Act \(25 U.S.C. 2701 et seq.\) and

regulations promulgated by the Secretary of the Interior or

the National Indian Gaming Commission under that Act.

\(2\) Survey.—Not later than 1 year after the date of

enactment of this Act, if any land is taken into trust under

paragraph \(1\), the Secretary of the Interior shall complete a

survey to establish the boundaries of the land taken into

trust under that paragraph.

\(3\) Effect.—Nothing in this subsection shall affect the

rights, title, interests, or jurisdiction of the County in

County Road 25 or its right-of-way.

\(j\) General Provisions.—

\(1\) Maps and legal descriptions.—

\(A\) In general.—As soon as practicable after the date of

enactment of this Act, the Secretary shall file a map and a

legal description of the covered areas and wilderness areas

with—

\(i\) the Committee on Energy and Natural Resources of the

Senate; and

\(ii\) the Committee on Natural Resources of the House of

Representatives.

\(B\) Force of law.—Each map and legal description filed

under subparagraph \(A\) shall have the same force and effect

as if included in this section, except that the Secretary may

correct any typographical errors in the maps and legal

descriptions.

\(C\) Public availability.—Each map and legal description

filed under subparagraph \(A\) shall be on file and available

for public inspection in the appropriate offices of the

Bureau of Land Management or the Forest Service, as

applicable.

\(2\) Acquisition of land.—

\(A\) In general.—The Secretary may acquire any land or

interest in land within a covered area or wilderness area

only through exchange, donation, or purchase from a willing

seller.

\(B\) Management.—Any land or interest in land acquired

under subparagraph \(A\) shall be incorporated in, and

administered as a part of, the covered area or wilderness

area in which the land or interest in land is located.

\(3\) Withdrawal.—Subject to valid existing rights, the

covered areas and wilderness areas are withdrawn from—

\(A\) all forms of entry, appropriation, and disposal under

the public land laws;

\(B\) location, entry, and patent under the mining laws; and

\(C\) operation of the mineral leasing, mining materials, and

geothermal leasing laws.

\(4\) Fish and wildlife.—Nothing in this section affects the

jurisdiction or responsibility of the State with respect to

fish and wildlife in the State.

\(5\) Grazing.—The laws \(including regulations\) and policies

followed by the Secretary in issuing and administering

grazing permits or leases on land under the jurisdiction of

the Secretary shall continue to apply within a covered area.

\(6\) Wildfire, insect, and disease management.—In

accordance with this section, the Secretary may—

\(A\) carry out any measures that the Secretary determines to

be necessary to manage wildland fire, and treat hazardous

fuels, insects, and diseases, in the covered areas; and

\(B\) coordinate the measures with the appropriate State or

local agency, as the Secretary determines to be necessary.

\(7\) Vegetation management.—

\(A\) In general.—No project shall be carried out in a

covered area for the purpose of harvesting commercial timber.

\(B\) Ecological restoration.—Any vegetation management

project carried out in a covered area outside of the

wildland-urban interface that includes the harvest or sale of

merchantable materials shall—

\(i\) be collaboratively developed;

\(ii\) limit the sale of merchantable materials to small

diameter trees or biomass; and

\(iii\) in accordance with the best available science—

\(I\) restore ecological integrity;

\(II\) maximize the retention of old growth and large trees,

as appropriate for the forest type; and

\(III\) focus on prescribed fire as the primary means to

achieve modified wildland fire behavior, as measured by the

projected reduction of uncharacteristically severe wildfire

effects for the forest type.

\(8\) Roads and trails.—

\(A\) In general.—Except as provided in subparagraph \(B\), no

road shall be constructed in a covered area.

\(B\) Exception.—Nothing in subparagraph \(A\) prevents the

Secretary from—

\(i\) constructing a temporary road in a Protection Area,

Recreation Management Area, or Special Management Area as the

Secretary determines to be necessary as a minimum requirement

for carrying out a vegetation management project in

accordance with this section;

\(ii\) responding to an emergency; or

\(iii\) authorizing the transportation of scientific research

equipment within the Scientific Research and Education Area.

\(C\) Decommissioning of temporary roads.—Not later than 3

years after the date on which an applicable vegetation

management project is completed, the Secretary shall

decommission any temporary road constructed under

subparagraph \(B\)\(i\) for the applicable vegetation management

project.

\(D\) Rerouting.—Nothing in this section prevents the

Secretary from rerouting a trail within a covered area to

protect public safety or natural resources from degradation,

as determined to be appropriate by the Secretary.

\(9\) Water rights.—Nothing in this section affects the use

or allocation of any absolute or conditional water right that

is—

\(A\) decreed under the laws of the State; and

\(B\) in existence on the date of enactment of this Act.

\(10\) No buffer zones.—

\(A\) In general.—Nothing in this section establishes a

protective perimeter or buffer zone around a covered area or

wilderness area.

\(B\) Outside activities.—The fact that a non-wilderness

activity or use on land outside of a covered area or

wilderness area can be seen or heard from an area within a

covered area or wilderness area shall not preclude the

conduct of the activity or use outside the boundary of the

covered area or wilderness area.

\(11\) Seasonal closures.—As appropriate and in accordance

with applicable law, the Secretary shall develop and

implement seasonal closures for off-highway vehicles and

bicycles to protect wildlife and wildlife habitat in—

\(A\) the McIntosh Mountain Special Management Area

designated by subsection \(b\)\(1\)\(D\);

\(B\) the Signal Peak Special Management Area designated by

subsection \(b\)\(1\)\(G\);

\(C\) the Cabin Creek Wildlife Conservation Area designated

by subsection \(c\)\(1\)\(A\);

\(D\) the Flat Top Wildlife Conservation Area designated by

subsection \(c\)\(1\)\(B\);

\(E\) the Lake Gulch and Cebolla Creek Wildlife Conservation

Area designated by subsection \(c\)\(1\)\(C\); and

\(F\) the Pinnacles Wildlife Conservation Area designated by

subsection \(c\)\(1\)\(F\).

\(12\) Restoration activities.—

\(A\) In general.—As appropriate and in accordance with

applicable law, the Secretary shall conduct wet meadow and

riparian restoration projects to improve climate resiliency

and wildlife habitat in—

\(i\) the McIntosh Mountain Special Management Area

designated by subsection \(b\)\(1\)\(D\);

\(ii\) the Signal Peak Special Management Area designated by

subsection \(b\)\(1\)\(G\);

\(iii\) the Flat Top Wildlife Conservation Area designated by

subsection \(c\)\(1\)\(B\);

\(iv\) the Lake Gulch and Cebolla Creek Wildlife Conservation

Area designated by subsection \(c\)\(1\)\(C\);

\(v\) the Pinnacles Wildlife Conservation Area designated by

subsection \(c\)\(1\)\(F\); and

\(vi\) the Sawtooth Wildlife Conservation Area designated by

subsection \(c\)\(1\)\(H\).

\(B\) Collaboration.—In carrying out the projects described

in subparagraph \(A\), the Secretary shall seek to collaborate

with—

\(i\) the Colorado Division of Parks and Wildlife;

\(ii\) the Upper Gunnison River Water Conservancy District;

\(iii\) the County;

\(iv\) in the case of a project located in the Sawtooth

Wildlife Conservation Area designated by subsection

\(c\)\(1\)\(H\), Saguache County, Colorado;

\(v\) the United States Fish and Wildlife Service; and

\(vi\) other interested entities and individuals.

\(13\) Tribal rights and uses.—

\(A\) Treaty rights.—Nothing in this section affects the

treaty rights of any Indian Tribe.

\(B\) Traditional tribal uses.—Subject to any terms and

conditions that the Secretary determines to be necessary and

in accordance with applicable law, the Secretary shall allow

for the continued use of a covered area or wilderness area by

members of Indian Tribes—

\(i\) for traditional ceremonies; and

\(ii\) as a source of traditional plants and other materials.

SA 6006. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. CONVEYANCE OF FEDERAL LAND TO OURAY, COLORADO.

\(a\) Definitions.—In this section:

\(1\) City.—The term “City” means the City of Ouray,

Colorado.

\(2\) Federal land.—The term “Federal land” means—

\(A\) the site known as “Crystal Reservoir” in Ouray

County, Colorado, including—

\(i\) the lake associated with that reservoir;

\(ii\) Full Moon Dam and associated facilities, including the

spillway and outlet;

\(iii\) Full Moon Ditch and Reservoir Number 10; and

\(iv\) all infrastructure associated with the reservoir; and

\(B\) the parcel comprising approximately 45 acres of land

underlying and surrounding Crystal Reservoir, as depicted on

the Map, managed by the Forest Service as necessary for

access for repair, operation, and maintenance of Crystal

Reservoir and the features described in clauses \(i\) through

\(iv\) of subparagraph \(A\).

\(3\) Map.—The term “Map” means the map prepared by the

Forest Service entitled “Crystal Reservoir Conveyance” and

dated June 23, 2025.

\(4\) Secretary.—The term “Secretary” means the Secretary

of Agriculture, acting through the Chief of the Forest

Service.

\(b\) Conveyance.—As soon as practicable after the date of

enactment of this Act, the Secretary shall convey to the

City—

\(1\) except as otherwise provided in this Act, all right,

title, and interest of the United States in and to the

Federal land; and

\(2\) all right, title and interest of the United States in

and to any water rights held for use on, appurtenant to, or

otherwise associated with the Federal land, including the

Full Moon Ditch and Reservoir Number 10 water rights

described in the decree of the State of Colorado in Civil

Action No. 1959, dated May 11, 1942.

\(c\) Requirements.—The conveyance under subsection \(b\)

shall—

\(1\) convey fee simple title to the Federal land;

\(2\) be subject to—

\(A\) valid existing rights;

\(B\) the reservation to the United States, in the deed

conveying the Federal land, of easements for each road,

trail, and trailhead in existence on the date of the

conveyance, together with such additional rights as are

reasonably necessary for access, administration, operation,

maintenance, repair, and replacement of those improvements;

and

\(C\) the reversionary interest described in subsection

\(e\)\(3\); and

\(3\) except as provided in subsection \(d\)\(2\), be completed

at no cost to the City.

\(d\) Costs.—

\(1\) In general.—Except as provided in paragraph \(2\), the

Secretary shall pay all costs associated with the conveyance

under subsection \(b\).

\(2\) Survey.—The City shall pay all costs associated with

any surveys conducted for the purpose of accomplishing the

conveyance under subsection \(b\).

\(e\) Terms and Conditions.—

\(1\) In general.—As a condition of the conveyance of the

Federal land under subsection \(b\), the City shall agree—

\(A\) effective beginning on the date of the conveyance, to

assume responsibility for the costs of all repairs,

operations, maintenance, replacement, rehabilitation, and

regulatory compliance relating to Full Moon Dam and related

infrastructure, including Full Moon Ditch and Reservoir

Number 10;

\(B\) to maintain the Federal land in perpetuity as open

space, to be held open—

\(i\) for public access for recreational activities,

including fishing, except as reasonably necessary for public

safety, resource protection, emergency response, or the

operation, maintenance, repair, replacement, or

rehabilitation of Full Moon Dam, Crystal Reservoir, or

related infrastructure; and

\(ii\) not subject to any fee for recreational access;

\(C\) not to conduct on the Federal land any development,

commercial operations, or construction, other than as needed

for the operation, maintenance, repair, replacement,

rehabilitation, public safety, and regulatory compliance for

dam safety of Full Moon Dam, Crystal Reservoir, and related

infrastructure, including Full Moon Ditch and Reservoir

Number 10; and

\(D\) not to expand the surface footprint of Crystal

Reservoir at normal operating levels \(as depicted on the Map\)

in a manner that would flood, impair, or harm any wetlands

located upstream of the Federal land, subject to the

condition that deepening Crystal Reservoir in a manner

consistent with the water rights of the City shall otherwise

be allowed.

\(2\) Necessary action agreement.—The conveyance under

subsection \(b\) shall be made subject to terms agreed to by

the Secretary and the City that authorize the City to take

such action on the easements described in subsection

\(c\)\(2\)\(B\) as the City determines is reasonable and necessary

for—

\(A\) public safety;

\(B\) emergency response; or

\(C\) the operation, maintenance, repair, replacement, or

rehabilitation by the City of Full Moon Dam, Crystal

Reservoir, or related infrastructure.

\(3\) Other terms and conditions.—The conveyance under

subsection \(b\) shall be subject to such other terms and

conditions as the Secretary determines to be appropriate.

\(4\) Reversionary interest.—

\(A\) Written notice.—If the Federal land conveyed under

subsection \(b\) ceases to be used in accordance with the terms

and conditions under this subsection the Secretary shall

submit to the City written notice with respect to such use.

\(B\) Reversion.—After the 90-day period beginning on the

date written notice is submitted to the City under

subparagraph \(A\), if the Federal land conveyed under

subsection \(b\) continues to be used in a manner not in

accordance with the terms and conditions under this

subsection during such period, the Federal land shall revert

to the United States, at the discretion of the Secretary, if

the Secretary determines that reversion is in the best

interest of the United States.

\(f\) Easement.—

\(1\) In general.—After the conveyance under subsection \(b\),

the Secretary—

\(A\) shall recognize a perpetual easement for the Red

Mountain Ditch for use by the City—

\(i\) for the purposes relating to the Ditch specified in the

decrees entitled “Case No. 1751-B” and “Case No.

2013CW3040” for the State of Colorado, including the

diversion and delivery of water \(not to exceed 6 cubic feet

per second\) for storage in Crystal Reservoir and subsequent

beneficial use; and

\(ii\) to access, operate, maintain, repair, replace, or

improve the Ditch and its appurtenances for such purposes;

and

\(B\) may require special use authorizations for non-routine

maintenance and repairs of Red Mountain Ditch or for the

replacement or improvement of the Ditch.

\(2\) Red mountain ditch defined.—In this subsection, the

term “Red Mountain Ditch” means the Ditch known as Red

Mountain Ditch constructed in or about 1945 located, as of

the date of the enactment of this Act, on lands administered

by the San Juan National Forest and the Grand Mesa,

Uncompahgre, and Gunnison National Forest, in Section 14,

Township 42 North, Range 8 West, New Mexico Principal

Meridian.

\(g\) Water Rights.—After the conveyance under subsection

\(b\), the City may use water in Crystal Reservoir for any

beneficial use, subject to applicable water laws of the State

of Colorado.

\(h\) Map and Legal Description.—

\(1\) In general.—As soon as practicable after the date of

enactment of this Act, the Secretary shall finalize the Map

and a legal description of the Federal land to be conveyed

under subsection \(b\).

\(2\) Corrections.—The Secretary and the City, by mutual

agreement, may correct any clerical or typographical errors

in the Map or legal description under paragraph \(1\).

\(3\) Map on file.—The Map and legal description under

paragraph \(1\) shall be on file and available for public

inspection in each appropriate office of the Forest Service.

SA 6007. Mr. CORNYN \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. REVOCATION OF SECURITY CLEARANCES FOR CERTAIN

PERSONS.

\(a\) Prohibition.—Notwithstanding any other provision of

law, the Secretary of Defense shall suspend or revoke a

security clearance or eligibility for access to classified

information for any retired or separated member of the Armed

Forces or civilian employee of the Department of Defense who

engages in an activity described in subsection \(b\).

\(b\) Activities Described.—The activities described in this

subsection are lobbying activities or lobbying contacts for

or on behalf of any entity that is—

\(1\) identified by the Secretary of Defense in the most

recent report submitted under section 1260H of the William M.

\(Mac\) Thornberry National Defense Authorization Act for

Fiscal Year 2021 \(10 U.S.C. 113 note\) as a Chinese military

company; or

\(2\) included in the Non-SDN Chinese Military-Industrial

Complex Companies List published by the Department of the

Treasury.

\(c\) Waiver.—The Secretary of Defense may, for periods not

to exceed 180 days, waive the application of the prohibition

in subsection \(a\) for an individual if the Secretary

certifies to the congressional defense committees that doing

so is in the national security interest of the United States.

\(d\) Definitions.—In this section:

\(1\) The term “lobbying activities” has the meaning given

such term in section 3 of the Lobbying Disclosure Act of 1995

\(2 U.S.C. 1602\).

\(2\) The term “lobbying contact” has the meaning given

such term in section 3 of the Lobbying Disclosure Act of 1995

\(2 U.S.C. 1602\), except that clause \(iv\) of paragraph

\(8\)\(B\)\(iv\) of such section shall not apply.

SA 6008. Mr. CORNYN \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. \_\_. TREATMENT OF EXEMPTIONS UNDER THE FOREIGN AGENTS

REGISTRATION ACT OF 1938.

\(a\) Short Title.—This section may be cited as the

“Preventing Adversary Influence, Disinformation, and

Obscured Foreign Financing Act of 2026” or the “PAID OFF

Act of 2026”.

\(b\) Treatment of Exemptions Under the Foreign Agents

Registration Act of 1938.—Section 3 of the Foreign Agents

Registration Act of 1938, as amended \(22 U.S.C. 613\), is

amended—

\(1\) in the matter preceding subsection \(a\), by inserting

“, except as provided in subsection \(i\)” after

“principals”; and

\(2\) by adding at the end the following:

“\(i\) Limitations.—The exemptions under subsections

\(d\)\(1\), \(d\)\(2\), and \(h\) shall not apply to any agent of a

foreign principal that is a corporate or government entity

that is owned or controlled by 1 or more of the identified

countries listed in clauses \(i\) through \(v\) of section

1\(m\)\(1\)\(A\) of the State Department Basic Authorities Act of

1956 \(22 U.S.C. 2651a\(m\)\(1\)\(A\)\).”.

\(c\) Mechanism to Amend Definition of “Country of

Concern”.—Section 1\(m\) of the State Department Basic

Authorities Act of 1956 \(22 U.S.C. 2651a\(m\)\) is amended—

\(1\) by redesignating paragraphs \(6\) and \(7\) as paragraphs

\(7\) and \(8\), respectively; and

\(2\) by inserting after paragraph \(5\) the following:

“\(6\) Modification to definition of \`country of concern'.—

“\(A\) In general.—The Secretary of State may, in

consultation with the Attorney General, propose the addition

or deletion of countries described in paragraph \(1\)\(A\).

“\(B\) Submission.—Any proposal described in subparagraph

\(A\) shall—

“\(i\) be submitted to the Chairman and Ranking Member of

the Committee on Foreign Relations of the Senate and the

Chairman and Ranking Member of the Committee on the Judiciary

of the House of Representatives; and

“\(ii\) become effective upon enactment of a joint

resolution of approval as described in subparagraph \(C\).

“\(C\) Joint resolution of approval.—

“\(i\) In general.—For purposes of subparagraph \(B\)\(ii\),

the term \`joint resolution of approval' means only a joint

resolution—

“\(I\) that does not have a preamble;

“\(II\) that includes in the matter after the resolving

clause the following: \`That Congress approves the

modification of the definition of “country of concern”

under section 1\(m\) of the State Department Basic Authorities

Act of 1956, as submitted by the Secretary of State on ;

and section 1\(m\)\(1\)\(A\) of the State Department Basic

Authorities Act of 1956 \(22 U.S.C. 2651a\(m\)\(1\)\(A\)\) is amended

by .', the blank spaces being appropriately filled in

with the appropriate date and the amendatory language

required to modify the list of countries in paragraph \(1\)\(A\)

of this subsection by adding or deleting 1 or more countries;

and

“\(III\) the title of which is as follows: \`Joint resolution

approving modifications to definition of “country of

concern” under section 1\(m\) of the State Department Basic

Authorities Act of 1956.'.

“\(ii\) Referral.—

“\(I\) Senate.—A resolution described in clause \(i\) that is

introduced in the Senate shall be referred to the Committee

on Foreign Relations of the Senate.

“\(II\) House of representatives.—A resolution described in

clause \(i\) that is introduced in the House of Representatives

shall be referred to the Committee on the Judiciary of the

House of Representatives.”.

\(d\) Sunset.—The amendments made by this section shall

terminate on the date that is 5 years after the date of

enactment of this Act.

SA 6009. Mr. GRASSLEY \(for himself and Ms. Hassan\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1094. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED

VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.

Section 628A of the Tariff Act of 1930 \(19 U.S.C. 1628a\) is

amended—

\(1\) in subsection \(a\)—

\(A\) in the matter preceding paragraph \(1\), by striking

“suspects” and inserting “has a reasonable suspicion”;

\(B\) in paragraph \(1\)—

\(i\) by inserting “, packing materials, containers,” after

“its packaging” the first place it appears;

\(ii\) by striking “and its packaging and labels” after

“images of the merchandise” and inserting “, its

packaging, packing materials, containers, and labels”; and

\(iii\) by striking “; and” and inserting a semicolon;

\(C\) in paragraph \(2\), by striking the period and inserting

a semicolon; and

\(D\) by adding at the end the following:

“\(3\) may provide to the person nonpublic information about

the merchandise that was generated by an online marketplace

or other similar market platform, express consignment

operator, freight forwarder, or any other entity that plays a

role in the sale or importation of merchandise, or the

facilitation thereof, into the United States that has been

provided to, shared with, or obtained by U.S. Customs and

Border Protection; and

“\(4\) in the case of the provision of nonpublic information

described in paragraph \(3\), shall provide to the person

notification of the information transmitted, in accordance

with such regulations as the Secretary may prescribe.”; and

\(2\) in subsection \(b\)—

\(A\) in paragraph \(3\), by striking “; and” and inserting a

semicolon;

\(B\) in paragraph \(4\), by striking the period at the end and

inserting “; and”; and

\(C\) by adding at the end the following:

“\(5\) any other party with an interest in the merchandise,

as determined appropriate by the Commissioner.”.

SA 6010. Ms. BLUNT ROCHESTER \(for herself, Mr. Coons, Mr. Fetterman, and Ms. Alsobrooks\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. \_\_. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.

\(a\) Findings.—Section 3501\(2\) of the Water Infrastructure

Improvements for the Nation Act \(Public Law 114-322; 130

Stat. 1771\) is amended by inserting “Maryland,” after

“Delaware,”.

\(b\) Definitions of Basin and Basin State.—Section 3502 of

the Water Infrastructure Improvements for the Nation Act

\(Public Law 114-322; 130 Stat. 1773\) is amended—

\(1\) in paragraph \(1\)—

\(A\) by striking “4-State” and inserting “5-State”; and

\(B\) by inserting “Maryland,” after “Delaware,”; and

\(2\) in paragraph \(2\), by inserting “Maryland,” after

“Delaware,”.

\(c\) Priority.—Section 3504 of the Water Infrastructure

Improvements for the Nation Act \(Public Law 114-322; 130

Stat. 1774\) is amended by adding at the end the following:

“\(d\) Priority.—In selecting a project to be funded under

the grant program, the Secretary may give priority to a

project that serves a small, rural, or disadvantaged

community.”.

\(d\) Sunset.—Section 3507 of the Water Infrastructure

Improvements for the Nation Act \(Public Law 114-322; 130

Stat. 1775\) is amended by striking “2023” and inserting

“2033”.

SA 6011. Mr. REED \(for himself, Ms. Collins, Ms. Murkowski, Mrs. Shaheen, and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,

### and for defense activities of the Department of Energy, to prescribe

military 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. . WEATHERIZATION ASSISTANCE PROGRAM.

\(a\) Weatherization Readiness Fund.—Section 414 of the

Energy Conservation and Production Act \(42 U.S.C. 6864\) is

amended by adding at the end the following:

“\(d\) Weatherization Readiness Fund.—

“\(1\) In general.—The Secretary shall establish a fund, to

be known as the \`Weatherization Readiness Fund', from which

the Secretary shall distribute funds to States receiving

financial assistance under this part, in accordance with

subsection \(a\).

“\(2\) Use of funds.—

“\(A\) In general.—A State receiving funds under paragraph

\(1\) shall use the funds for repairs to dwelling units

described in subparagraph \(B\) that will remediate the

applicable structural defects or hazards of the dwelling unit

so that weatherization measures may be installed.

“\(B\) Dwelling unit.—A dwelling unit referred to in

subparagraph \(A\) is a dwelling unit occupied by a low-income

person that, on inspection pursuant to the program under this

part, was found to have significant defects or hazards that

prevented the installation of weatherization measures under

the program.

“\(3\) Authorization of appropriations.—In addition to

amounts authorized to be appropriated under section 422,

there is authorized to be appropriated to the Secretary to

carry out this subsection $30,000,000 for each of fiscal

years 2027 through 2031.”.

\(b\) State Average Cost Per Unit.—

\(1\) In general.—Section 415\(c\) of the Energy Conservation

and Production Act \(42 U.S.C. 6865\(c\)\) is amended—

\(A\) in paragraph \(1\)—

\(i\) in the matter preceding subparagraph \(A\)—

\(I\) in the first sentence, by striking “$6,500” and

inserting “$15,000”; and

\(II\) by striking “\(c\)\(1\) Except as provided in paragraphs

\(3\) and \(4\)” and inserting the following:

“\(c\) Financial Assistance.—

“\(1\) In general.—Except as provided in paragraphs \(3\),

\(4\), and \(6\)”;

\(ii\) by conforming the margins of subparagraphs \(A\) through

\(D\) to the margin of subparagraph \(E\);

\(iii\) in subparagraph \(D\), by striking “, and” and

inserting “; and”; and

\(iv\) in subparagraph \(E\), by adding a period at the end;

\(B\) in paragraph \(2\), in the first sentence, by striking

“weatherized \(including dwelling units partially

weatherized\)” and inserting “fully weatherized”;

\(C\) in paragraph \(4\), by striking “$3,000” and inserting

“$6,000”;

\(D\) in paragraph \(5\)—

\(i\) in subparagraph \(A\)\(i\), by striking “\(6\)\(A\)\(ii\)” and

inserting “\(7\)\(A\)\(ii\)”; and

\(ii\) by striking “\(6\)\(A\)\(i\)\(I\)” each place it appears and

inserting “\(7\)\(A\)\(i\)\(I\)”;

\(E\) by redesignating paragraph \(6\) as paragraph \(7\); and

\(F\) by inserting after paragraph \(5\) the following:

“\(6\) Limit increase.—The Secretary may increase the

amount of financial assistance provided per dwelling unit

under this part beyond the limit specified in paragraph \(1\)

if the Secretary determines that market conditions require

such an increase to achieve the purposes of this part.”.

\(2\) Conforming amendment.—Section 414D\(b\)\(1\)\(C\) of the

Energy Conservation and Production Act \(42 U.S.C.

6864d\(b\)\(1\)\(C\)\) is amended by striking “415\(c\)\(6\)\(A\)” and

inserting “415\(c\)\(7\)”.

SA 6012. Mr. BOOKER \(for himself and Mr. Paul\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. . FREEDOM TO HEAL ACT.

\(a\) Short Title.—This Act may be cited as the “Freedom to

Heal Act of 2026”.

\(b\) Special Registration Requirements Related to Right to

Try.—Section 303 of the Controlled Substances Act \(21 U.S.C.

823\) is amended by adding at the end the following:

“\(p\) Special Registration for Schedule I Eligible

Investigational Drugs Under Right to Try.—

“\(1\) Definitions.—In this subsection, the terms \`eligible

investigational drug' and \`eligible patient' have the

meanings given those terms in section 561B of the Federal

Food, Drug, and Cosmetic Act \(21 U.S.C. 360bbb-0a\).

“\(2\) Special registration process.—The Attorney General

shall register physicians to directly administer eligible

investigational drugs in schedule I to eligible patients

under section 561B of the Federal Food, Drug, and Cosmetic

Act \(21 U.S.C. 360bbb-0a\) in accordance with paragraphs \(3\)

through \(8\) of this subsection.

“\(3\) Requirements.—

“\(A\) Application.—A physician desiring a registration to

directly administer an eligible investigational drug as

described in paragraph \(2\) shall submit to the Attorney

General an application containing—

“\(i\) evidence of a valid registration to dispense or

administer controlled substances in schedules II through V;

“\(ii\) evidence of compliance with section 561B of the

Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 360bbb-0a\),

including—

“\(I\) documentation from the manufacturer or sponsor

verifying the investigational drug in schedule I is an

eligible investigational drug;

“\(II\) an agreement from the manufacturer or sponsor to

supply the eligible investigational drug, along with guidance

on its administration, to the requesting physician for the

treatment of eligible patients; and

“\(III\) an affirmation that the physician will only

directly administer the eligible investigational drug to

treat eligible patients in a manner consistent with the

guidance provided by the manufacturer or sponsor;

“\(iii\) the quantity of the eligible investigational drug

to be supplied by the manufacturer or sponsor to the

physician to treat eligible patients;

“\(iv\) evidence that the physician may treat eligible

patients with eligible investigational drugs under the laws

of the State in which the treatment will take place;

“\(v\) evidence of training, credentials, or experience

relevant to treating patients with the eligible

investigational drug;

“\(vi\) a description of the site at which the physician

intends to store and administer the eligible investigational

drug; and

“\(vii\) any additional information the Attorney General

determines necessary to prevent diversion.

“\(B\) Approval.—Not later than 45 days after receiving an

application containing the information required under

subparagraph \(A\), the Attorney General shall—

“\(i\) register the applicant; or

“\(ii\) serve an order to show cause upon the applicant in

accordance with section 304\(c\).

“\(4\) Electronic submissions.—The Attorney General shall

provide a means for a physician to submit an application

under paragraph \(3\)\(A\) electronically.

“\(5\) Limitation on amounts.—A physician treating eligible

patients with an eligible investigational drug in schedule I

under this subsection may only possess the amounts of the

eligible investigational drug identified in—

“\(A\) the application submitted to the Attorney General

under paragraph \(3\)\(A\); or

“\(B\) a supplemental notification that the physician may

submit to the Attorney General if the physician needs

additional amounts of the eligible investigational drug for

the treatment of eligible patients, which supplemental

notification—

“\(i\) shall include—

“\(I\) the name of the physician;

“\(II\) the additional quantity of the eligible

investigational drug needed; and

“\(III\) an attestation that the treatment with the eligible

investigational drug is consistent with the scope of

treatment that was the subject of the application under

paragraph \(3\)\(A\); and

“\(ii\) shall be deemed approved on the date that is 30 days

after the date on which the physician submits the

supplemental notification to the Attorney General, unless the

Attorney General serves an order to show cause upon the

applicant in accordance with section 304\(c\).

“\(6\) Single registration for related treatment sites.—A

physician may treat eligible patients with an eligible

investigational drug in schedule I under a single

registration under this subsection if—

“\(A\) the treatment occurs exclusively on sites all of

which are—

“\(i\) within the same city or county; and

“\(ii\) under the control of the same institution,

organization, or agency; and

“\(B\) before commencing the treatment, the physician

notifies the Attorney General of each site where the eligible

investigational drug will be stored or administered in

accordance with paragraph \(3\)\(A\)\(vi\).

“\(7\) Rulemaking.—Notwithstanding the requirements of

section 553 of title 5, United States Code, not later than

240 days after the date of enactment of this subsection, the

Attorney General shall issue an interim final rule to

implement this subsection, including with respect to—

“\(A\) the manner in which an eligible investigational drug

may be delivered to an approved registrant;

“\(B\) the storage and security of an eligible

investigational drug;

“\(C\) the maintenance of records for an approved

registrant;

“\(D\) the process for renewal, suspension, or revocation of

a registration; and

“\(E\) any other matters necessary to ensure effective

controls against diversion.

“\(8\) Final rule.—Not later than 2 years after issuing an

interim final rule under paragraph \(7\), the Attorney General

shall issue a final rule to implement this subsection in

accordance with section 553 of title 5, United States

Code.”.

SA 6013. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,

### and for defense activities of the Department of Energy, to prescribe

military 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 G of title X, insert

the following:

SEC. . COLLABORATION ON ADVERSARIAL THREATS AND AI

SECURITY RISKS.

\(a\) Definitions.—In this section:

\(1\) Antitrust laws; non-federal entity.—The terms

“antitrust laws” and “non-Federal entity” have the

meanings given those terms, respectively, in section 102 of

the Cybersecurity Information Sharing Act of 2015 \(6 U.S.C.

1501\).

\(2\) Artificial intelligence.—The term “artificial

intelligence” has the meaning given that term in section

238\(g\) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 \(10 U.S.C. 4001 note\).

\(3\) Assistance.—The term “assistance” includes the

provision of software, hardware, data, personnel, and other

resources.

\(4\) Covered artificial intelligence security purpose.—The

term “covered artificial intelligence security purpose”

means the purpose of protecting against, identifying,

evaluating, testing, analyzing, preventing, investigating, or

mitigating a covered artificial intelligence security risk.

\(5\) Covered artificial intelligence security risk.—The

term “covered artificial intelligence security risk” means

the potential for artificial intelligence, including during

development, training, testing, evaluation, deployment, use,

or release, to do 1 or more of the following:

\(A\) Substantially facilitate the development or deployment

of a chemical, biological, radiological, nuclear, or

offensive cyber weapon.

\(B\) Cause a disruption to, degradation of, impairment of,

or loss of operational control over critical infrastructure

that is reasonably likely to result in a significant impact

on security, national economic security, national public

health or safety, or any combination thereof.

\(C\) Substantially reduce the ability of a developer,

deployer, owner, operator, user, evaluator, auditor, Federal

department or agency, or other governmental authority to

oversee, evaluate, monitor, control, contain, restrict access

to, disable, or terminate such artificial intelligence, if

the applicable person or governmental authority has authority

or responsibility to do so, including through unauthorized,

deceptive, evasive, or malicious activity involving such

artificial intelligence.

\(D\) Autonomously improve, or substantially facilitate the

autonomous improvement of the capabilities of artificial

intelligence in a manner that creates a reasonable risk of a

consequence described in subparagraph \(A\), \(B\), or \(C\).

\(E\) Be stolen, weaponized, trained, developed, or deployed

by a covered nation \(as defined in section 4872\(f\)\(2\) of

title 10, United States Code\) or an entity owned, controlled,

or directed by a covered nation in a manner that poses a

significant threat to the national security, including

through covert, clandestine, undisclosed, or otherwise

concealed development activities that attempt to evade

detection or verification.

\(F\) Be vulnerable to unauthorized access that—

\(i\) creates a substantial risk of a consequence described

in subparagraphs \(A\) through \(D\); or

\(ii\) is for the benefit of, at the direction of, or under

the control of—

\(I\) a covered nation \(as defined in section 4872\(f\)\(2\) of

title 10, United States Code\); or

\(II\) an entity owned, controlled, or directed by a covered

nation.

\(6\) Exclusive purpose.—The term “exclusive purpose”,

with respect to the provision of information or assistance,

means for the purpose of, with not more than an insubstantial

part of the information or assistance being for other

purposes.

\(7\) Unauthorized access.—The term “unauthorized access”

with respect to artificial intelligence—

\(A\) means unauthorized access or use of artificial

intelligence; and

\(B\) includes—

\(i\) extraction or copying of model weights, parameters, or

other nonpublic model information;

\(ii\) systematic querying or automated extraction designed

to distill, replicate, or reconstruct model capabilities; and

\(iii\) compromise affecting the integrity, reliability, or

security of artificial intelligence, including through

malicious code, a backdoor, manipulated data, or compromise

of an artificial intelligence model, training dataset, or

artificial intelligence component.

\(b\) Antitrust Exemption.—

\(1\) In general.—It shall not be considered a violation of

any provision of the antitrust laws for—

\(A\) 2 or more non-Federal entities to provide or exchange

information or assistance relating to a covered artificial

intelligence security risk in good faith for the exclusive

purpose of a covered artificial intelligence security

purpose; or

\(B\) 2 or more non-Federal entities to provide or exchange

information or assistance for the exclusive purpose of

coordinating strategies to reduce covered artificial

intelligence security risks via delaying or otherwise

limiting the release, deployment, use, development, training,

testing, or evaluation of artificial intelligence, provided

that the non-Federal entities submit prior written notice of

the proposed coordinated delay or limitation to the Attorney

General and the Federal Trade Commission, detailing the

specific covered artificial intelligence security risk and

the scope of the proposed restriction.

\(2\) Limitation.—Paragraph \(1\) shall not apply to a non-

Federal entity receiving information or assistance unless the

non-Federal entity uses such information or assistance for a

covered artificial intelligence security purpose and has

implemented reasonable internal controls to limit the extent

to which such information or assistance can be used for other

purposes.

\(3\) Affirmative defense.—In any action or proceeding

brought under the antitrust laws, the exemption provided

under paragraph \(1\) shall constitute an affirmative defense,

and any non-Federal entity claiming the exemption shall bear

the burden of proving by a preponderance of the evidence that

the entity's actions were taken in good faith and for the

exclusive purpose described in paragraph \(1\).

\(4\) Rule of construction.—Paragraph \(1\)\(A\) shall not be

construed to permit price-fixing, allocating a market between

competitors, monopolizing or attempting to monopolize a

market, boycotting, or exchanges of price or cost

information.

\(5\) Exemption from disclosure.—Any information submitted

to the Attorney General or the Federal Trade Commission

pursuant to paragraph \(1\)\(B\), including any written notice

submitted under that subsection and any information derived

from such submission that would reveal the substance of such

submission, shall be—

\(A\) used solely for the purpose of subsection \(c\);

\(B\) deemed voluntarily shared information and exempt from

disclosure under section 552 of title 5, United States Code;

and

\(C\) withheld, without discretion, from the public under

section 552\(b\)\(3\) of title 5, United States Code.

\(c\) Injunctive Relief.—

\(1\) In general.—The Attorney General or the Federal Trade

Commission may seek, in a court of competent jurisdiction, an

injunction against the initiation or continuation of the

provision or exchange of information or assistance by non-

Federal entities described in section 3 that violates the

antitrust laws if the Attorney General or the Federal Trade

Commission determines that the non-Federal entities are not

acting in good faith or are otherwise unreasonably engaging

in anticompetitive acts.

\(2\) Rules of construction.—Nothing in this section shall

be construed to—

\(A\) create any immunity or exemption from the antitrust

laws if the Attorney General or the Federal Trade Commission

determines that the non-Federal entities are not acting in

good faith or are otherwise unreasonably engaging in

anticompetitive acts; or

\(B\) to limit any private right of action for any violation

of the antitrust laws that is not exempt under subsection

\(b\).

SA 6014. Mrs. BLACKBURN \(for herself and Mr. Warnock\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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. 553. EXPANSION OF ELIGIBILITY FOR ENROLLMENT IN

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

SCHOOLS.

Section 2164\(n\) of title 10, United States Code, is

amended—

\(1\) in the subsection heading, by striking “Reserve

Components” and inserting “Armed Forces”;

\(2\) in paragraph \(1\)—

\(A\) by striking “at the military installation that is the

permanent station of such member”;

\(B\) by striking “automatically”;

\(C\) by inserting “, on a tuition-free basis,” after

“granted enrollment”; and

\(D\) by striking “shall” each place it appears and

inserting “may”; and

\(3\) by striking paragraph \(2\) and inserting the following:

“\(2\) A member described in this paragraph is a member of

the armed forces—

“\(A\) serving on active duty or full-time National Guard

duty;

“\(B\) not residing on an installation supported by a school

established under this section; and

“\(C\) who has relocated to the member's permanent station

pursuant to an order for a permanent change of station

accompanied by dependents.

“\(3\) This subsection—

“\(A\) applies only with respect to schools located within

the several States; and

“\(B\) does not apply with respect to schools—

“\(i\) on installations selected under subsection \(c\) of

section 2164b of this title for participation in the program

under subsection \(a\) of that section; or

“\(ii\) located in the territories or possessions of the

United States.”.

SA 6015. Mrs. BLACKBURN \(for herself and Ms. Rosen\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the

following:

SEC. 7\_\_. INTEROPERABLE CREDENTIALING AND PRIVILEGING SYSTEM

OR SYSTEMS FOR MEDICAL PROVIDERS OF DEPARTMENT

OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.

\(a\) Report.—

\(1\) In general.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of Defense and the

Secretary of Veterans Affairs, in consultation with the

Domestic Policy Council, shall jointly submit to the

appropriate committees of Congress a report on the medical

provider credentialing and privileging systems in use by the

Department of Defense and the Department of Veterans Affairs.

\(2\) Elements.—The report required by paragraph \(1\) shall

include each of the following:

\(A\) A description of the scope and scale of the medical

provider credentialing and privileging systems in use by the

Department of Defense and the Department of Veterans Affairs.

\(B\) A description of the type of data stored on each

system.

\(C\) A description of the portability of provider

credentialing and privileging information under each system.

\(D\) A description of the interoperability between provider

credentialing systems.

\(E\) A description of the risk management system, adverse

actions, cross-agency stewardship responsibilities,

auditability, and governance of each system.

\(F\) A description of the limitations and gaps in the

interoperability, implementation, and administration of each

system.

\(G\) Recommendations for scaling each system and addressing

gaps in the interoperability and administration of each

system, or using a new system, with the goal of achieving an

interoperable system or systems to be used by both the

Department of Defense and the Department of Veterans Affairs.

\(b\) Selection.—Not later than January 1, 2027, the

Secretary of Defense and the Secretary of Veterans Affairs,

in consultation with the Domestic Policy Council, shall

jointly consider appropriate systems in use or not in use by

the Department of Defense and the Department of Veterans

Affairs to serve as an interoperable credentialing and

privileging system or systems for both the Department of

Defense and the Department of Veterans Affairs.

\(c\) Capability of Systems.—The Secretary of Defense and

the Secretary of Veterans Affairs shall ensure that the

credentialing and privileging system or systems selected

under subsection \(b\) have the capability to import and share

provider credentialing and privileging information, including

governance information, audit information, data stewardship

information necessary to support privileging decisions, and

any other necessary information related thereto.

\(d\) Certification of Implementation.—

\(1\) Credentialing systems.—Not later than January 1, 2028,

the Secretary of Defense and the Secretary of Veterans

Affairs shall jointly submit to the appropriate committees of

Congress a written certification that the interoperable

credentialing system or systems selected under subsection \(b\)

have been implemented and are operational.

\(2\) Privileging systems.—Not later than January 1, 2029,

the Secretary of Defense and the Secretary of Veterans

Affairs shall jointly submit to the appropriate committees of

Congress a written certification that the interoperable

privileging system or systems selected under subsection \(b\)

have been implemented and are operational.

\(e\) Appropriate Committees of Congress Defined.—In this

section, the term “appropriate committees of Congress”

means—

\(1\) the Committee on Armed Services and the Committee on

Veterans' Affairs of the Senate; and

\(2\) the Committee on Armed Services and the Committee on

Veterans' Affairs of the House of Representatives.

SA 6016. Mr. GRASSLEY \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 —SAFER STREETS AND COMMUNITIES

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

\(a\) Short Title.—This division may be cited as the “James

T. Woods Community Safety Act”.

\(b\) Table of Contents.—The table of contents for this

division is as follows:

Sec. 1. Short title; table of contents.

TITLE I—JAMES T. WOODS ACT

Sec. 101. Short title.

Subtitle A—SAFE Act

Sec. 111. Short title. Sec. 112. Findings. Sec. 113. Amendment of Federal sentencing guideline relating to child

sexual abuse material.

Subtitle B—Ending Coercion of Children and Harm Online

- Sec. 121. Short title.
- Sec. 122. Coercion of children to commit harm.
- Sec. 123. Clerical and conforming amendments.
- Sec. 124. Severability.

Subtitle C—Stop Sextortion

Sec. 131. Short title. Sec. 132. Criminalizing threats to distribute child sexual abuse

material. Sec. 133. Penalties for threats to distribute child sexual abuse

- material.
- Sec. 134. Severability.

TITLE II—COMBATING ORGANIZED RETAIL CRIME

Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Amendments to title 18, United States Code. Sec. 204. Establishment of a Center to Combat Organized Retail and

Supply Chain Crime.

TITLE III—LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT

- Sec. 301. Short title.
- Sec. 302. Prohibited provision of a phone.
- Sec. 303. Review of policies.

TITLE IV—COMBATING ILLICIT XYLAZINE

- Sec. 401. Short title.
- Sec. 402. Definitions.
- Sec. 403. Adding xylazine to schedule III.
- Sec. 404. Amendments.
- Sec. 405. Arcos tracking.
- Sec. 406. Sentencing Commission.
- Sec. 407. Report to Congress on xylazine.

TITLE I—JAMES T. WOODS ACT

SEC. 101. SHORT TITLE.

This tile may be cited as the “James T. Woods Act”.

Subtitle A—SAFE Act

SEC. 111. SHORT TITLE.

This subtitle may be cited as the “Sentencing

Accountability For Exploitation Act” or the “SAFE Act”.

SEC. 112. FINDINGS.

Congress finds the following:

\(1\) Over many years, the complexity and scale of online

child sex offenses have worsened, as offenders have taken

advantage of technological developments to target and

victimize ever-increasing numbers of children.

\(2\) In addition, offenders have pursued increasingly

dangerous ways of victimizing children, including by

resorting to organized efforts at extorting and manipulating

children into engaging in sexually explicit conduct and other

types of degrading and dangerous acts.

\(3\) Offenders have also been increasingly adept at

globalizing their offenses, including by, for example, paying

adults overseas to provide customized child sexual abuse

material, which may be video recorded or live-streamed, to

offenders in the United States.

\(4\) Meanwhile, as the complexity, scale, and dangerousness

of online child sex crimes has worsened, long-existing sex

crimes against children continue to flourish on the dark web,

through social media and related applications, and otherwise.

\(5\) Effective investigation and prosecution are a critical

component of the efforts of the United States to keep

children safe, punish those who victimize them, and deter

would-be offenders. It is imperative that the Federal

sentencing guidelines account for these interests and ensure

that offenders face advisory sentencing ranges that

appropriately account for the scale, complexity, and

dangerousness of these offenses.

SEC. 113. AMENDMENT OF FEDERAL SENTENCING GUIDELINE RELATING

TO CHILD SEXUAL ABUSE MATERIAL.

\(a\) Definitions.—In this section:

\(1\) Child.—The term “child” means an individual who has

not attained 18 years of age.

\(2\) Child sexual abuse material.—The term “child sexual

abuse material” has the meaning given the term “child

pornography” in section 2256\(8\) of title 18, United States

Code.

\(3\) Prohibited conduct against a child.—The term

“prohibited conduct against a child”—

\(A\) means—

\(i\) conduct committed against a child relating to—

\(I\) kidnapping;

\(II\) illegal sexual abuse, contact, or activity;

\(III\) live streaming of child sexual abuse;

\(IV\) using a child to produce child sexual abuse material;

or

\(V\) sexual exploitation, including child sex trafficking;

or

\(ii\) an attempt or conspiracy to engage in any conduct

described in subclauses \(I\) through \(V\) of clause \(i\);

\(B\) does not include—

\(i\) conduct involving or similar to advertising,

transporting, mailing, distributing, receiving, possession,

accessing, or viewing child sexual abuse material; or

\(ii\) acquitted conduct, to the extent that such conduct is

excluded from the scope of relevant conduct under section

1B1.3\(c\) of the United States Sentencing Guidelines Manual;

and

\(C\) does not require a conviction.

\(b\) Directive.—Pursuant to its authority under section

994\(p\) of title 28, United States Code, the United States

Sentencing Commission shall review and amend the Federal

sentencing guidelines and policy statements applicable to

persons convicted of an offense under section 1466A,

2251\(d\)\(1\)\(A\), 2252, 2252A, or 2260\(b\) of title 18, United

States Code, in order to reflect the intent of Congress that

penalties for the offense under the guidelines and policy

statements—

\(1\) appropriately account for—

\(A\) the actual and potential harm to victims and to the

public from the offense; and

\(B\) changes that have occurred since the relevant

guidelines and policy statements were last amended with

respect to—

\(i\) typical offense behavior; and

\(ii\) the use of modern computer and internet technologies;

and

\(2\) to better reflect the current spectrum of offender

culpability.

\(c\) Requirements.—In carrying out subsection \(b\), the

United States Sentencing Commission shall—

\(1\) ensure that the Federal sentencing guidelines and

policy statements reflect—

\(A\) the seriousness of the offenses described in that

subsection;

\(B\) the need to afford adequate deterrence to commission of

the offenses;

\(C\) the need for just punishment for the offenses;

\(D\) the need to protect the public from further crimes of a

defendant convicted of any such offense; and

\(E\) the need to differentiate among offenders based on

their culpability and potential dangerousness;

\(2\) avoid duplicative punishment within the applicable

guidelines and under the Federal sentencing guidelines for

substantially the same conduct;

\(3\) develop a guideline that accounts for—

\(A\) whether, prior to, during, or after the offense at

issue, the defendant engaged in, conspired to engage in, or

attempted to engage in—

\(i\) an act of prohibited conduct against a child; or

\(ii\) a pattern of activity involving prohibited conduct

against a child, whether involving a single victim or

multiple victims;

\(B\) whether, prior to, during, or after the offense at

issue, the defendant—

\(i\) participated in a group dedicated to child sexual abuse

material or prohibited conduct against a child; or

\(ii\) encouraged, instructed, required, or similarly caused

another individual to commit an offense involving child

sexual abuse material or prohibited conduct against a child;

\(C\) whether the defendant engaged in multiple acts, not

accounted for in the defendant's criminal history or counts

of conviction, involving child sexual abuse material over an

extended period of time or with a high degree of frequency;

\(D\) whether the defendant intentionally used, or promoted

the use of, software, technology, procedures, or any other

means to conceal the offense or the identity or location of

the defendant or any victim, or to destroy evidence for an

improper purpose, unless accounted for in the conduct of

conviction;

\(E\) whether 3 or more online channels, technologies,

platforms, or methods were used to commit the offense;

\(F\) gradations in—

\(i\) the severity of the depicted sexually explicit conduct,

including especially severe physical or emotional trauma; and

\(ii\) the age or physical development of the minor;

\(G\) the number of items of child sexual abuse material or

the number of victims involved in the offense;

\(H\) whether the offense involved distribution of child

sexual abuse material, accounting for the nature of the

distribution, including—

\(i\) distribution in order to receive any valuable

consideration; and

\(ii\) distribution through any method that does not limit

who can obtain the material or how many individuals can

obtain the material;

\(I\) whether the offense involved the production, creation,

or manufacture of child sexual abuse material that is not

subject to the cross reference in section 2G2.2\(c\)\(1\) of the

United States Sentencing Guidelines Manual to section 2G2.1

of the Manual;

\(J\) whether the offense was the direct and proximate cause

of the victim's death by suicide; and

\(K\) any other conduct or factors that the United States

Sentencing Commission determines appropriate to reflect the

seriousness of the offense and differentiate among offenders;

\(4\) make any necessary conforming changes to the

guidelines; and

\(5\) ensure that the guidelines adequately meet the purposes

of sentencing, as set forth in section 3553\(a\)\(2\) of title

18, United States Code.

\(d\) Authority for United States Sentencing Commission.—In

carrying out this section, the United States Sentencing

Commission—

\(1\) may amend provisions of the Federal sentencing

guidelines that were promulgated pursuant to any other

specific congressional directives or legislation directly

amending the guidelines and promulgate amendments that would

result in sentencing ranges different than those that would

have applied under such directives or legislation; and

\(2\) in developing a guideline that comports with the

requirements of this section, particularly accounting for the

factors set forth in subsection \(c\)\(3\)—

\(A\) may—

\(i\) design the specific offense characteristics, including

the increase in offense level that each offense

characteristic would provide; and

\(ii\) define any terms; and

\(B\) may not lower the applicable base offense level

provided in section 2G2.2\(a\) of the United States Sentencing

Guidelines Manual as in effect on the date of enactment of

this Act.

\(e\) Repeals.—

\(1\) Laws.—The following provisions of law are repealed:

\(A\) Section 632 of the Treasury, Postal Service and General

Government Appropriations Act, 1992 \(28 U.S.C. 994 note;

Public Law 102-141\).

\(B\) Sections 2 and 3 of the Sex Crimes Against Children

Prevention Act of 1995 \(28 U.S.C. 994 note; Public Law 104-

71\).

\(C\) Section 401\(i\)\(1\) of the Prosecutorial Remedies and

Other Tools to end the Exploitation of Children Today Act of

2003 \(28 U.S.C. 994 note; Public Law 108-21\).

\(2\) Guidelines.—Section 2G2.2\(b\) of the United States

Sentencing Commission Guidelines Manual is amended by

striking paragraph \(7\).

\(3\) Effective date.—The amendments made by this subsection

shall take effect on the date on which the amendments to the

Federal sentencing guidelines and policy statements required

under subsection \(b\) take effect.

Subtitle B—Ending Coercion of Children and Harm Online

SEC. 121. SHORT TITLE.

This title may be cited as the “Ending Coercion of

Children and Harm Online Act” or the “ECCHO Act”.

SEC. 122. COERCION OF CHILDREN TO COMMIT HARM.

Chapter 110A of title 18, United States Code, is amended by

inserting after section 2261B the following:

“Sec. 2261C. Coercion of children to commit harm

“\(a\) Definitions.—For purposes of this section:

“\(1\) Coerce.—The term \`coerce' includes the use of

extortion, threats, fraud, deceit, duress, intimidation,

harassment, humiliation, degradation, or manipulation.

“\(2\) Minor.—The term \`minor' means any individual who has

not attained the age of 18 years.

“\(3\) Substantial bodily injury.—The term \`substantial

bodily injury' has the meaning given that term in section

113.

“\(b\) Offense.—It shall be unlawful for any person, using

the mail or any facility or means of interstate or foreign

commerce, or within the special maritime and territorial

jurisdiction of the United States, to intentionally coerce a

minor, directly or through an intermediary, to—

“\(1\)\(A\) die by suicide or attempt to die by suicide; or

“\(B\) kill or attempt to kill any individual;

“\(2\) kill or attempt to kill any pet, emotional support

animal, service animal, or horse;

“\(3\) strangle, suffocate, poison, burn, lacerate, or

inflict serious bodily injury or substantial bodily injury on

any individual \(including the minor\), pet, emotional support

animal, service animal, or horse; or

“\(4\) commit or attempt to commit arson.

“\(c\) Penalty.—Any person who violates, or attempts or

conspires to violate—

“\(1\) subparagraph \(A\) or \(B\) of subsection \(b\)\(1\) shall be

fined under this title, imprisoned for any term of years or

life, or both; or

“\(2\) paragraph \(2\), \(3\), or \(4\) of subsection \(b\) shall be

fined under this title, imprisoned for not more than 30

years, or both.”.

SEC. 123. CLERICAL AND CONFORMING AMENDMENTS.

\(a\) Clerical Amendment.—The table of sections for chapter

110A of title 18, United States Code, is amended by inserting

after the item relating to section 2261B the following:

“2261C. Coercion of children to commit harm.”.

\(b\) Conforming Amendments.—

\(1\) Title 18.—

\(A\) Chapter 110.—Chapter 110 of title 18, United States

Code, is amended—

\(i\) in section 2252A\(g\), by inserting “section 2261C,”

after “section 1591,”; and

\(ii\) in section 2258A—

\(I\) in subsection \(a\)—

\(aa\) in paragraph \(1\)\(A\), by striking “online child sexual

exploitation and to prevent the online sexual exploitation of

children” and inserting “, and to prevent, online child

sexual exploitation and online coercion of children”; and

\(bb\) in paragraph \(2\)\(A\)—

\(AA\) by striking “or 2260 that involves child

pornography,” and inserting “2260, 2261C, or 2422\(b\), or”;

and

\(BB\) by striking “, or of 2422\(b\)”;

\(II\) in subsection \(b\), in the matter preceding paragraph

\(1\), by striking “sexual” and inserting “online”;

\(III\) in subsection \(c\)—

\(aa\) in paragraph \(1\), by striking “, kidnapping, or

enticement crimes” and inserting “or kidnapping, online

coercion, or enticement crimes involving children”;

\(bb\) in paragraph \(2\), by inserting “or kidnapping, online

coercion, or enticement crimes involving children” after

“sexual exploitation”; and

\(cc\) in paragraph \(3\), by striking “, kidnapping, or

enticement crimes” and inserting “or kidnapping, online

coercion, or enticement crimes involving children”;

\(IV\) in subsection \(d\)\(5\)\(A\)\(ii\)\(II\), by striking “,

kidnapping, or enticement crimes” and inserting “or

kidnapping, online coercion, or enticement crimes involving

children”;

\(V\) in subsection \(g\)\(3\)—

\(aa\) in subparagraph \(A\), by striking “, kidnapping, or

enticement crimes” and inserting “or kidnapping, online

coercion, or enticement crimes involving children”;

\(bb\) in subparagraph \(B\), by striking “, kidnapping, or

enticement crimes” and inserting “or kidnapping, online

coercion, or enticement crimes involving children”; and

\(cc\) in subparagraph \(C\), by striking “, kidnapping, or

enticement crimes” and inserting “or kidnapping, online

coercion, or enticement crimes involving children”; and

\(VI\) in subsection \(h\)\(5\), by striking “the proliferation

of online child sexual exploitation or preventing the online

sexual exploitation of children” and inserting “or

preventing the proliferation of online child sexual

exploitation or online coercion of children”.

\(B\) Section 3509.—Section 3509\(a\)\(2\)\(A\) of title 18,

United States Code, is amended by striking “physical abuse,

sexual abuse, or exploitation” and inserting “child

abuse”.

\(C\) Section 5032.—Section 5032 of title 18, United States

Code, is amended—

\(i\) in the first undesignated paragraph—

\(I\) by striking “or section 1002\(a\)” and inserting

“section 1002\(a\)”; and

\(II\) by striking “section 922\(x\) or section 924\(b\), \(g\),

or \(h\) of this title” and inserting “or section 922\(x\),

section 924\(b\), \(g\), or \(h\), or section 2261C\(b\)\(1\) or \(2\) of

this title”; and

\(ii\) in the fourth undesignated paragraph, by striking

“section 922\(x\) of this title, or in section 924\(b\), \(g\), or

\(h\) of this title” and inserting “section 922\(x\), section

924\(b\), \(g\), or \(h\), or section 2261C\(b\)\(1\) or \(2\) of this

title”.

\(2\) PROTECT our children act of 2008.—Section 2 of the

PROTECT Our Children Act of 2008 \(34 U.S.C. 21101\) is amended

by striking paragraph \(1\) and inserting the following:

“\(1\) Child exploitation.—The term \`child exploitation'

means—

“\(A\) any conduct, attempted conduct, or conspiracy to

engage in conduct that—

“\(i\) violates chapter 110 or section 2261C, 2422\(b\), or

2423 of title 18, United States Code; or

“\(ii\) involves a minor and violates section 1591 or

chapter 109A of title 18, United States Code; or

“\(B\) any sexual activity involving a minor for which any

person can be charged with a criminal offense.”.

SEC. 124. SEVERABILITY.

If any provision of this subtitle, an amendment made by

this subtitle, or the application of such provision or

amendment to any person or circumstance is held to be

unconstitutional, the remainder of this subtitle, the

amendments made by this subtitle, and the application of the

provisions of such to any person or circumstance shall not be

affected thereby.

Subtitle C—Stop Sextortion

SEC. 131. SHORT TITLE.

This subtitle may be cited as the “Stop Sextortion Act”.

SEC. 132. CRIMINALIZING THREATS TO DISTRIBUTE CHILD SEXUAL

ABUSE MATERIAL.

Title 18, United States Code, is amended—

\(1\) in section 2252—

\(A\) in subsection \(a\)\(2\)—

\(i\) in the matter preceding subparagraph \(A\)—

\(I\) by inserting “, or threatens to distribute any visual

depiction with intent to intimidate, coerce, extort, or cause

substantial emotional distress to any person,” after

“distributes, any visual depiction”;

\(II\) by striking “foreign commerce or that” and inserting

“foreign commerce, or involving a visual depiction that”;

and

\(III\) by striking “, or which contains materials which

have been mailed or so shipped or transported,”; and

\(B\) in subsection \(b\)—

\(i\) in paragraph \(1\), by striking “Whoever” and inserting

“Except as provided in paragraph \(3\), whoever”; and

\(ii\) by adding at the end the following:

“\(3\) Whoever violates, or attempts or conspires to

violate, subsection \(a\)\(2\) for threatening to distribute any

visual depiction, as described in that subsection, shall be

punished as provided in paragraph \(2\) of this subsection if

no such visual depiction existed.”; and

\(2\) in section 2252A—

\(A\) in subsection \(a\)\(2\)\(A\)—

\(i\) by inserting “, or threatens to distribute any child

pornography with intent to intimidate, coerce, extort, or

cause substantial emotional distress to any person,” after

“any child pornography”; and

\(ii\) by striking “foreign commerce or that” and inserting

“foreign commerce, or involving any child pornography

that”; and

\(B\) in subsection \(b\)—

\(i\) in paragraph \(1\), by striking “Whoever” and inserting

“Except as provided in paragraph \(4\), whoever”; and

\(ii\) by adding at the end the following:

“\(4\) Whoever violates, or attempts or conspires to

violate, subsection \(a\)\(2\)\(A\) for threatening to distribute

any child pornography, as described in that subsection, shall

be punished as provided in paragraph \(2\) of this subsection

if no such child pornography existed.”.

SEC. 133. PENALTIES FOR THREATS TO DISTRIBUTE CHILD SEXUAL

ABUSE MATERIAL.

\(a\) In General.—Title 18, United States Code, is amended—

\(1\) in section 1466A—

\(A\) in subsection \(a\), in the matter preceding subsection

\(b\), by inserting “, but if the offense involves the knowing

use of a visual depiction of a minor engaged in sexually

explicit conduct, with the intent to intimidate, coerce,

extort, or cause substantial emotional distress to any

person, the maximum term of imprisonment provided in section

2252A\(b\)\(1\) shall be increased by 10 years” before the

period at the end; and

\(B\) in subsection \(b\), in the matter preceding subsection

\(c\), by inserting “, but if the offense involves the knowing

use of a visual depiction of a minor engaged in sexually

explicit conduct, with the intent to intimidate, coerce,

extort, or cause substantial emotional distress to any

person, the maximum term of imprisonment provided in section

2252A\(b\)\(2\) shall be increased by 10 years” before the

period at the end; and

\(2\) in section 2260A—

\(A\) in the section heading, by striking “Penalties for

registered sex offenders” and inserting “Other offenses and

penalties”;

\(B\) by striking “Whoever” and inserting the following:

“\(1\) Offenses by registered sex offenders.—Whoever”; and

\(C\) by adding at the end the following:

“\(2\) Additional penalties.—If any offense under section

875\(d\), 2251, 2252, 2252A, or 2260 involves the knowing use

of child pornography with the intent to intimidate, coerce,

extort, or cause substantial emotional distress to any

person, the maximum term of imprisonment provided in section

875\(d\), 2251\(e\), 2252\(b\), 2252A\(b\), or 2260\(c\) shall be

increased by 10 years.”.

\(b\) Clerical Amendment.—The table of sections for chapter

110 of title 18, United States Code, is amended by striking

the item relating to section 2260A and inserting the

following:

“2260A. Other offenses and penalties.”.

SEC. 134. SEVERABILITY.

If any provision of this subtitle, an amendment made by

this subtitle, or the application of such provision or

amendment to any person or circumstance is held to be

unconstitutional, the remainder of this subtitle, the

amendments made by this subtitle, and the application of the

provisions of such to any person or circumstance shall not be

affected thereby.

TITLE II—COMBATING ORGANIZED RETAIL CRIME

SEC. 201. SHORT TITLE.

This title may be cited as the “Combating Organized Retail

Crime Act of 2026”.

SEC. 202. FINDINGS.

It is the sense of Congress that—

\(1\) organized theft groups, involving sophisticated and

structured groups of individuals, continue to increase

criminal activities carried out by the groups against the

retail industry and the supply chain of the Nation, and these

activities, at unprecedented levels, involve theft and fraud

of both physical and digital goods, leading to escalating

financial losses and violence in the workplace—all impacting

the national economy and security of the United States;

\(2\) retailers face mounting thefts and fraud because of

organized retail crime in and around stores, online, and

throughout the retail ecosystem, and, according to the

National Retail Federation, larceny incidents increased by 93

percent in 2023 compared to 2019, with a 90 percent rise in

average dollar loss;

\(3\) these thefts are often orchestrated by organized theft

groups reselling and redistributing the stolen goods back

into the economy of the United States or overseas to gain

illicit profit and to finance other criminal activity, and

more than 84 percent of retailers report that violence and

aggression from these criminal activities has become more of

a concern since 2022, resulting in injuries and deaths among

employees, customers, security officers, and law enforcement

personnel;

\(4\) product manufacturers and the supply chain of the

Nation are victims of alarming increases in cargo theft

across rails, roads, and the various distribution points

across the Nation;

\(5\) CargoNet, a database of reported incidents in the

United States, reported a 27 percent increase in cargo theft

incidents in 2024 compared to the previous year, while during

the same period, the average value per theft rose to over

$202,000;

\(6\) these thefts range from large-scale physical theft of

goods from containers and storage to sophisticated

cybercriminal methods that divert shipments to illicit

receivers, causing significant financial losses and

operational supply chain disruptions;

\(7\) since 2022, more than 30 State laws have been enacted

to address organized theft,

allow for aggregation of thefts, and adjust penalties and

enhancements, including in 2024, California voters

overwhelmingly approving a constitutional reform to allow

aggregation of multiple or repeated thefts;

\(8\) although larceny and organized retail crime are

sometimes prosecuted at State and local levels, States face

resource and investigative challenges from groups operating

beyond local, State, and regional law enforcement

capabilities, and more needs to be done to address the cross-

jurisdictional, interstate, and international aspects of

these crimes;

\(9\) organized theft groups vary in scope and scale,

operating across State jurisdictions to avoid or disrupt

local, State, and Tribal law enforcement response, and these

organized theft groups build hierarchies to easily

redistribute stolen goods and illicit profits back into the

economy of the United States or overseas with disregard for

product and consumer safety;

\(10\) the groups exist and operate at the local, regional,

and transnational level, targeting goods that include raw and

finished materials, various branded retail products across

all consumer categories, operational assets in retail

commerce such as reusable transport packaging products, and

consumable goods including agriculture, food products, and

medicines;

\(11\) these groups are often polycriminal organizations,

using profit from the reselling of stolen goods to support

crimes involving drugs and weapons trafficking;

\(12\) the organized theft groups engage in human smuggling

and have been known to use migrants to commit crimes to

support the organizations;

\(13\) the groups move products and illicit proceeds beyond

the borders of the United States, funding nefarious groups

and activities and threatening the integrity of the

international economy;

\(14\) organized theft groups—

\(A\) threaten the safety and liberty of individuals in the

United States when those individuals engage in commerce;

\(B\) impact the ability of the Nation to distribute goods to

consumers, undermine consumer confidence in the supply chain,

and threaten the integrity of agricultural and consumable

goods;

\(C\) erode the national economy by increasing the cost of

goods, resulting in higher prices for consumers, reducing tax

revenues, and impacting employees, customers, and businesses

alike; and

\(D\) impact the national security of the United States

through financing transnational criminal activity and

providing profit and proceeds supporting larger criminal

goals of the criminal organizations; and

\(15\) it has become necessary for Congress to—

\(A\) amend title 18, United States Code, to ensure that law

enforcement has the legal tools necessary to combat organized

retail crime in the same capacity that law enforcement is

able to combat theft and diversion from other portions of the

supply chain; and

\(B\) direct the executive branch to create a central

coordination center to align Federal, State, local,

territorial, and Tribal efforts to combat organized retail

crime and organized supply chain crime.

SEC. 203. AMENDMENTS TO TITLE 18, UNITED STATES CODE.

Part I of title 18, United States Code, is amended—

\(1\) in section 982\(a\)\(5\)—

\(A\) by redesignating subparagraphs \(C\), \(D\), and \(E\) as

subparagraphs \(D\), \(E\), and \(F\), respectively;

\(B\) by inserting after subparagraph \(B\) the following:

“\(C\) section 659 \(interstate or foreign shipments by

carrier; State prosecutions\);”;

\(C\) in subparagraph \(E\), as so redesignated, by striking

“; or” and inserting a semicolon; and

\(D\) by inserting after subparagraph \(F\), as so

redesignated, the following:

“\(G\) section 2314 \(transportation of stolen goods,

securities, moneys, fraudulent State tax stamps, or articles

used in counterfeiting\); or

“\(H\) section 2315 \(sale or receipt of stolen goods,

securities, moneys, or fraudulent State tax stamps\);”;

\(2\) in section 1956\(c\)—

\(A\) in paragraph \(5\), by striking “and money orders” and

inserting “money orders, general-use prepaid cards, gift

certificates, and store gift cards”; and

\(B\) in paragraph \(7\)\(D\)—

\(i\) by inserting “section 659 \(interstate or foreign

shipments by carrier; State prosecutions\),” after “section

658 \(relating to property mortgaged or pledged to farm credit

agencies\),”; and

\(ii\) by inserting “section 2314 \(transportation of stolen

goods, securities, moneys, fraudulent State tax stamps, or

articles used in counterfeiting\), section 2315 \(sale or

receipt of stolen goods, securities, moneys, or fraudulent

State tax stamps\),” after “section 2281 \(relating to

violence against maritime fixed platforms\),”;

\(3\) in section 2314, in the first paragraph—

\(A\) by inserting “or of an aggregate value of $5,000 or

more during any 12-month period,” after “more,”;

\(B\) by inserting “embezzled,” after “stolen,”; and

\(C\) by inserting “, false pretense, or other illegal

means” after “fraud”; and

\(4\) in section 2315, in the first paragraph, by inserting

“or of an aggregate value of $5,000 or more during any 12-

month period,” after “$5,000 or more,”.

SEC. 204. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED

RETAIL AND SUPPLY CHAIN CRIME.

\(a\) In General.—Title III of the Trade Facilitation and

Trade Enforcement Act of 2015 \(19 U.S.C. 4341 et seq.\) is

amended by inserting after section 305 the following:

“SEC. 305A. ORGANIZED RETAIL AND SUPPLY CHAIN CRIME

COORDINATION CENTER.

“\(a\) Definitions.—In this section:

“\(1\) Center.—The term \`Center' means the Organized Retail

and Supply Chain Crime Coordination Center established

pursuant to subsection \(b\)\(1\).

“\(2\) Organized retail and supply chain crime.—The term

\`organized retail and supply chain crime' includes—

“\(A\) any crime described in section 659, 2117, 2314, or

2315 of title 18, United States Code, that is committed by,

in coordination with, or at the instruction of an

organization;

“\(B\) aiding or abetting the commission of, or conspiring

to commit, any act that is in furtherance of a violation of a

crime referred to in subparagraph \(A\); and

“\(C\) other crimes related to those described in

subparagraphs \(A\) and \(B\).

“\(3\) Secretary.—The term \`Secretary' means the Secretary

of Homeland Security.

“\(4\) Executive associate director.—The term \`Executive

Associate Director' means the Executive Associate Director of

Homeland Security Investigations.

“\(b\) Organized Retail and Supply Chain Crime Coordination

Center.—

“\(1\) Establishment.—Not later than 90 days after the date

of enactment of the Combating Organized Retail Crime Act of

2026, the Secretary shall direct the Executive Associate

Director to establish the Organized Retail and Supply Chain

Crime Coordination Center.

“\(2\) Duties.—The duties of the Center shall include—

“\(A\) coordinating Federal law enforcement activities

related to organized retail and supply chain crime, including

investigations of national and transnational criminal

organizations that are engaged in organized retail and supply

chain crime;

“\(B\) establishing relationships with State and local law

enforcement agencies and organizations, including organized

retail crime associations and cargo theft associations, and

sharing information regarding organized retail and supply

chain crime threats with such agencies and organizations;

“\(C\) assisting State and local law enforcement agencies

with State and local investigations of organized retail and

supply chain crime groups;

“\(D\) establishing relationships with retail,

transportation, and other companies determined by the

Executive Associate Director to have significant interests

relating to organized retail and supply chain crime threats,

sharing information with those companies regarding such

threats, collaborating on investigations and loss prevention

activities as appropriate, and providing a mechanism for the

receipt of investigative information on such threats;

“\(E\) establishing a secure system for sharing information

regarding organized retail and supply chain crime threats by

leveraging existing information systems at the Department of

Homeland Security and the Department of Justice;

“\(F\) tracking trends with respect to organized retail and

supply chain crime and releasing annual public reports on

such trends; and

“\(G\) supporting the provision of training and technical

assistance in accordance with subsection \(c\).

“\(3\) Leadership; staffing.—

“\(A\) Director.—The Center shall be headed by a Director,

who shall be—

“\(i\) an experienced law enforcement officer;

“\(ii\) appointed by the Director of U.S. Immigration and

Customs Enforcement; and

“\(iii\) in a Senior Executive Service position as defined

in section 3132 of title 5, United States Code.

“\(B\) Deputy director.—The Director of the Center shall be

assisted by a Deputy Director, who shall be appointed, on a

2-year rotational basis, upon request from the Executive

Associate Director, by—

“\(i\) the Director of the Federal Bureau of Investigation;

“\(ii\) the Director of the United States Secret Service; or

“\(iii\) the Chief Postal Inspector.

“\(C\) Federal staff.—The staff of the Center shall

include—

“\(i\) special agents and analysts from Homeland Security

Investigations; and

“\(ii\) detailed criminal investigators, analysts, and

liaisons from other Federal agencies who have

responsibilities related to organized retail and supply chain

crime, including detailees from—

“\(I\) U.S. Customs and Border Protection;

“\(II\) the United States Secret Service;

“\(III\) the United States Postal Inspection Service;

“\(IV\) the Bureau of Alcohol, Tobacco, Firearms and

Explosives;

“\(V\) the Drug Enforcement Administration;

“\(VI\) the Federal Bureau of Investigation; and

“\(VII\) the Federal Motor Carrier Safety Administration.

“\(D\) State and local staff.—The staff of the Center may

include detailees from State

and local law enforcement agencies, who shall serve at the

Center on a nonreimbursable basis.

“\(4\) Coordination.—

“\(A\) In general.—The Center shall coordinate its

activities, as appropriate, with other Federal agencies and

centers responsible for countering transnational organized

crime threats.

“\(B\) Shared resources.—In establishing the Center, the

Executive Associate Director may co-locate or otherwise share

resources and personnel, including detailees and agency

liaisons, with—

“\(i\) the National Intellectual Property Rights

Coordination Center established pursuant to section

305\(a\)\(1\); or

“\(ii\) other existing interagency centers within the

Department of Homeland Security.

“\(C\) Agreements.—The Director of the Center, or his or

her designee, may enter into agreements with Federal, State,

local, and Tribal agencies and private sector entities to

facilitate carrying out the duties described in paragraph

\(2\).

“\(D\) Information sharing.—

“\(i\) In general.—Subject to the approval of the Director

of the Center, information that would otherwise be subject to

the limitation on the disclosure of confidential information

set forth in section 1905 of title 18, United States Code,

may be shared if such disclosure is operationally necessary.

“\(ii\) Non-delegable authority.—The Director may not

delegate his or her authority under this subparagraph.

“\(5\) Reporting requirements.—

“\(A\) Initial report.—

“\(i\) In general.—Not later than 1 year after the date of

enactment of the Combating Organized Retail Crime Act of

2026, the Secretary shall submit a report regarding the

establishment of the Center to—

“\(I\) the Committee on the Judiciary of the Senate;

“\(II\) the Committee on Homeland Security and Governmental

Affairs of the Senate;

“\(III\) the Committee on the Judiciary of the House of

Representatives; and

“\(IV\) the Committee on Homeland Security of the House of

Representatives.

“\(ii\) Contents.—The report required under clause \(i\)

shall include a description of—

“\(I\) the organizational structure of the Center;

“\(II\) the agencies and partner organizations that are

represented within the Center;

“\(III\) any challenges required to be addressed while

establishing the Center;

“\(IV\) any lessons learned from establishing the Center,

including successful prosecutions resulting from the

activities of the Center;

“\(V\) recommendations for ways to strengthen the

enforcement of laws involving organized retail and supply

chain crime;

“\(VI\) the intersections and commonalities between

organized retail crime organizations and other organized

theft groups, including supply chain diversion and theft; and

“\(VII\) the impact of organized theft groups on the

scarcity of vital products, including medicines, personal

protective equipment, and infant formula.

“\(B\) Annual report.—Beginning on the date that is 1 year

after the submission of the report required under

subparagraph \(A\), and each year thereafter, the Secretary

shall submit an annual report that describes the activities

of the Center during the previous year to the congressional

committees listed in subparagraph \(A\)\(i\).

“\(6\) Sunset.—

“\(A\) In general.—The authority of the Center shall

terminate on the date that is 7 years after the date on which

the Center is established under paragraph \(1\).

“\(B\) Wind down.—The Secretary shall take such actions as

may be necessary to wind down the Center in accordance with

subparagraph \(A\).

“\(c\) Training and Technical Assistance.—

“\(1\) Evaluation.—Not later than 180 days after the date

of enactment of the Combating Organized Retail Crime Act of

2026, the Secretary and the Attorney General shall conduct an

evaluation of existing Federal programs that provide grants,

training, and technical support to State, local, and Tribal

law enforcement to assist in countering organized retail and

supply chain crime.

“\(2\) Evaluation scope.—The evaluation required under

paragraph \(1\) shall evaluate, at a minimum—

“\(A\) the Homeland Security Grant Program at the Federal

Emergency Management Agency;

“\(B\) grant programs at the Office of Justice Programs

within the Department of Justice; and

“\(C\) relevant training programs at the Federal Law

Enforcement Training Center.

“\(3\) Report.—Not later than 45 days after the completion

of the evaluation required under paragraph \(1\), the Secretary

and the Attorney General shall jointly submit a report to the

congressional committees listed in subsection \(b\)\(5\)\(A\)\(i\)

that—

“\(A\) describes the results of such evaluation; and

“\(B\) includes recommendations on ways to expand grants,

training, and technical assistance for combating organized

retail and supply chain crime.

“\(4\) Enhancing or modifying training and technical

assistance.—Not later than 45 days after submitting the

report required under paragraph \(3\), the Secretary and the

Attorney General shall jointly issue formal guidance to

relevant agencies and offices within the Department of

Homeland Security and the Department of Justice for modifying

or expanding, as appropriate, the prioritization of training

and technical assistance designed to counter organized retail

and supply chain crime.”.

\(b\) Clerical Amendment.—The table of contents for the

Trade Facilitation and Trade Enforcement Act of 2015 \(Public

Law 114-125; 130 Stat. 122\) is amended by inserting after the

item relating to section 305 the following:

“Sec. 305A. Organized Retail and Supply Chain Crime Coordination

Center.”.

TITLE III—LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT

SEC. 301. SHORT TITLE.

This title may be cited as the “Lieutenant Osvaldo

Albarati Stopping Prison Contraband Act”.

SEC. 302. PROHIBITED PROVISION OF A PHONE.

Section 1791\(b\) of title 18, United States Code, is

amended—

\(1\) by redesignating paragraphs \(4\) and \(5\) as paragraphs

\(5\) and \(6\), respectively;

\(2\) by inserting after paragraph \(3\) the following:

“\(4\) in the case of a violation of subsection \(a\)\(1\),

imprisonment for not more than 2 years, or both, if the

object is specified in subsection \(d\)\(1\)\(F\) of this

section;”; and

\(3\) in paragraph \(5\), as so redesignated, by inserting “,

in the case of a violation of subsection \(a\)\(2\),” before

“\(d\)\(1\)\(F\)”.

SEC. 303. REVIEW OF POLICIES.

Not later than 1 year after the date of enactment of this

Act, the Director of the Bureau of Prisons shall—

\(1\) conduct a review of the policies of the Bureau of

Prisons pertaining to inmates who make, possess, obtain, or

attempt to make or obtain a prohibited object, as defined in

section 1791\(d\)\(1\) of title 18, United States Code; and

\(2\) update those policies as needed to improve protections

for incarcerated individuals and staff.

TITLE IV—COMBATING ILLICIT XYLAZINE

SEC. 401. SHORT TITLE.

This title may be cited as the “Combating Illicit Xylazine

Act”.

SEC. 402. DEFINITIONS.

\(a\) In General.—In this title—

\(1\) the term “practitioner” has the meaning given the

term under section 102 of the Controlled Substances Act \(21

U.S.C. 802\); and

\(2\) the term “xylazine” has the meaning given the term in

paragraph \(61\) of section 102 of the Controlled Substances

Act, as added by subsection \(b\) of this section.

\(b\) Controlled Substances Act.—Section 102 of the

Controlled Substances Act \(21 U.S.C. 802\) is amended by

adding at the end the following:

“\(61\) The term \`xylazine' means the substance xylazine,

including its salts, isomers, and salts of isomers whenever

the existence of such salts, isomers, and salts of isomers is

possible.”.

SEC. 403. ADDING XYLAZINE TO SCHEDULE III.

Schedule III of section 202\(c\) of the Controlled Substances

Act \(21 U.S.C. 812\) is amended by adding at the end the

following:

“\(f\) Unless specifically excepted or unless listed in

another schedule, any material, compound, mixture, or

preparation which contains any quantity of xylazine.”.

SEC. 404. AMENDMENTS.

\(a\) Amendment.—Section 102 of the Controlled Substances

Act \(21 U.S.C. 802\) is amended by striking paragraph \(27\) and

inserting the following:

“\(27\)\(A\) Except as provided in subparagraph \(B\), the term

\`ultimate user' means a person who has lawfully obtained, and

who possesses, a controlled substance for the use by the

person or for the use of a member of the household of the

person or for an animal owned by the person or by a member of

the household of the person.

“\(B\)\(i\) In the case of xylazine, other than for a drug

product approved under subsection \(b\) or \(j\) of section 505

of the Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 355\),

the term \`ultimate user' means a person—

“\(I\) to whom xylazine was dispensed by—

“\(aa\) a veterinarian registered under this Act; or

“\(bb\) a pharmacy registered under this Act pursuant to a

prescription of a veterinarian registered under this Act; and

“\(II\) who possesses xylazine for—

“\(aa\) an animal owned by the person or by a member of the

household of the person;

“\(bb\) an animal under the care of the person;

“\(cc\) use in government animal-control programs authorized

under applicable Federal, State, Tribal, or local law; or

“\(dd\) use in wildlife programs authorized under applicable

Federal, State, Tribal, or local law.

“\(ii\) In this subparagraph, the term \`person' includes—

“\(I\) a government agency or business where animals are

located; and

“\(II\) an employee or agent of an agency or business acting

within the scope of their employment or agency.”.

\(b\) Facilities.—An entity that manufactures xylazine, as

of the date of enactment of this Act, shall not be required

to make capital expenditures necessary to install the

security standard required of schedule III of the Controlled

Substances Act \(21 U.S.C. 801

et seq.\) for the purposes of manufacturing xylazine.

\(c\) Labeling.—The requirements related to labeling,

packaging, and distribution logistics of a controlled

substance in schedule III of section 202\(c\) of the Controlled

Substances Act \(21 U.S.C. 812\(c\)\) shall not take effect for

xylazine until the date that is 1 year after the date of

enactment of this Act.

\(d\) Practitioner Registration.—The requirements related to

practitioner registration, inventory, and recordkeeping of a

controlled substance in schedule III of section 202\(c\) of the

Controlled Substances Act \(21 U.S.C. 812\(c\)\) shall not take

effect for xylazine until the date that is 60 days after the

date of enactment of this Act. A practitioner that has

applied for registration during the 60-day period beginning

on the date of enactment of this Act may continue their

lawful activities until such application is approved or

denied.

\(e\) Manufacturer Transition.—The Food and Drug

Administration and the Drug Enforcement Administration shall

facilitate and expedite the relevant manufacturer submissions

or applications required by the placement of xylazine on

schedule III of section 202\(c\) of the Controlled Substances

Act \(21 U.S.C. 812\(c\)\).

\(f\) Clarification.—Nothing in this section, or the

amendments made by this section, shall be construed to

require the registration of an ultimate user of xylazine

under the Controlled Substances Act \(21 U.S.C. 801 et seq.\)

in order to possess xylazine in accordance with subparagraph

\(B\) of section 102\(27\) of that Act \(21 U.S.C. 802\(27\)\), as

added by subsection \(a\) of this section.

SEC. 405. ARCOS TRACKING.

Section 307\(i\) of the Controlled Substances Act \(21 U.S.C.

827\(i\)\) is amended—

\(1\) in the matter preceding paragraph \(1\)—

\(A\) by inserting “or xylazine” after “gamma

hydroxybutyric acid”;

\(B\) by inserting “or 512” after “section 505”; and

\(C\) by inserting “respectively,” after “the Federal

Food, Drug, and Cosmetic Act,”; and

\(2\) in paragraph \(6\), by inserting “and xylazine” after

“gamma hydroxybutyric acid”.

SEC. 406. SENTENCING COMMISSION.

Pursuant to its authority under section 994\(p\) of title 28,

United States Code, the United States Sentencing Commission

shall review and, if appropriate, amend its sentencing

guidelines, policy statements, and official commentary

applicable to persons convicted of an offense under section

401 of the Controlled Substances Act \(21 U.S.C. 841\) or

section 1010 of the Controlled Substances Import and Export

Act \(21 U.S.C. 960\) to provide appropriate penalties for

offenses involving xylazine that are consistent with the

amendments made by this title. In carrying out this section,

the Commission should consider the common forms of xylazine

as well as its use alongside other scheduled substances.

SEC. 407. REPORT TO CONGRESS ON XYLAZINE.

\(a\) Control Report.—

\(1\) In general.—Not later than 30 days after the date of

enactment of this Act, the Attorney General, acting through

the Administrator of the Drug Enforcement Administration and

in coordination with the Secretary of Health and Human

Services, shall submit to Congress a report with an

assessment of the factors listed in section 201\(c\) of the

Controlled Substances Act \(21 U.S.C. 811\(c\)\) for xylazine,

which includes a scientific and medical evaluation and

recommendations from the Secretary of Health and Human

Services and a law enforcement and abuse evaluation by the

Drug Enforcement Administration.

\(2\) Requirements.—The report required under paragraph \(1\)

shall—

\(A\) include the full text of the scientific and medical

evaluation and recommendations regarding whether xylazine

should be controlled as a controlled substance, submitted by

the Secretary of Health and Human Services to the Attorney

General pursuant to section 201\(b\) of the Controlled

Substances Act \(21 U.S.C. 811\(b\)\) on or before December 31,

2025; and

\(B\) be published on the websites of the Department of

Health and Human Services and the Department of Justice.

\(b\) Initial Report.—Not later than 18 months after the

date of the enactment of this Act, the Attorney General,

acting through the Administrator of the Drug Enforcement

Administration and in coordination with the Commissioner of

Food and Drugs, shall submit to Congress a report on the

prevalence of illicit use of xylazine in the United States

and the impacts of such use, including—

\(1\) where the drug is being diverted;

\(2\) where the drug is originating; and

\(3\) whether any analogues to xylazine, or related or

derivative substances, exist and present a substantial risk

of abuse.

\(c\) Additional Report.—Not later than 4 years after the

date of the enactment of this Act, the Attorney General,

acting through the Administrator of the Drug Enforcement

Administration and in coordination with the Commissioner of

Food and Drugs, shall submit to Congress a report updating

Congress on the prevalence and proliferation of xylazine

trafficking and misuse in the United States.

SA 6017. Mr. GRASSLEY \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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—CRIMINAL PROVISIONS

Subtitle A—STOP CSAM Act of 2026

SEC. 1701. SHORT TITLE.

This subtitle may be cited as the “Strengthening

Transparency and Obligations to Protect Children Suffering

from Abuse and Mistreatment Act of 2026” or the “STOP CSAM

Act of 2026”.

SEC. 1702. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL

COURT.

\(a\) In General.—Section 3509 of title 18, United States

Code, is amended—

\(1\) in subsection \(a\)—

\(A\) in paragraph \(2\)\(A\), by striking “or exploitation”

and inserting “exploitation, or kidnapping, including

international parental kidnapping”;

\(B\) in paragraph \(3\), by striking “physical or mental

injury” and inserting “physical injury, psychological

abuse”;

\(C\) by striking paragraphs \(5\), \(6\), and \(7\) and inserting

the following:

“\(5\) the term \`psychological abuse' includes—

“\(A\) a pattern of acts, threats of acts, or coercive

tactics intended to degrade, humiliate, intimidate, or

terrorize a child; and

“\(B\) the infliction of trauma on a child through—

“\(i\) isolation;

“\(ii\) the withholding of food or other necessities in

order to control behavior;

“\(iii\) physical restraint; or

“\(iv\) the confinement of the child without the child's

consent and in degrading conditions;

“\(6\) the term \`exploitation' means—

“\(A\) child pornography;

“\(B\) child sex trafficking; or

“\(C\) an obscene visual depiction of a child;

“\(7\) the term \`multidisciplinary child abuse team' means a

professional unit of individuals working together to

investigate child abuse and provide assistance and support to

a victim of child abuse, composed of representatives from—

“\(A\) health, social service, and legal service agencies

that represent the child;

“\(B\) law enforcement agencies and prosecutorial offices;

and

“\(C\) children's advocacy centers;”;

\(D\) in paragraph \(9\)\(D\)—

\(i\) by striking “genitals” and inserting “anus,

genitals,”; and

\(ii\) by striking “or animal”;

\(E\) in paragraph \(11\), by striking “and” at the end;

\(F\) in paragraph \(12\)—

\(i\) by striking “the term \`child abuse' does not” and

inserting “the terms \`physical injury' and \`psychological

abuse' do not”; and

\(ii\) by striking the period and inserting a semicolon; and

\(G\) by adding at the end the following:

“\(13\) the term \`covered person' means a person of any age

who—

“\(A\) is or is alleged to be—

“\(i\) a victim of a crime of physical abuse, sexual abuse,

exploitation, or kidnapping, including international parental

kidnapping; or

“\(ii\) a witness to a crime committed against another

person; and

“\(B\) was under the age of 18 when the crime described in

subparagraph \(A\) was committed;

“\(14\) the term \`protected information', with respect to a

covered person, includes—

“\(A\) personally identifiable information of the covered

person, including—

“\(i\) the name of the covered person;

“\(ii\) an address;

“\(iii\) a phone number;

“\(iv\) a user name or identifying information for an

online, social media, or email account; and

“\(v\) any information that can be used to distinguish or

trace the identity of the covered person, either alone or

when combined with other information that is linked or

linkable to the covered person;

“\(B\) medical, dental, behavioral, psychiatric, or

psychological information of the covered person;

“\(C\) educational or juvenile justice records of the

covered person; and

“\(D\) any other information concerning the covered person

that is deemed \`protected information' by order of the court

under subsection \(d\)\(5\);

“\(15\) the term \`child pornography' has the meaning given

the term in section 2256\(8\); and

“\(16\) the term \`obscene visual depiction of a child' means

any visual depiction prohibited by section 1466A involving an

identifiable minor, as that term is defined in section

2256\(9\).”;

\(2\) in subsection \(b\)—

\(A\) in paragraph \(1\)\(C\), by striking “minor” and

inserting “child”; and

\(B\) in paragraph \(2\)—

\(i\) in the heading, by striking “Videotaped” and

inserting “Recorded”;

\(ii\) in subparagraph \(A\), by striking “that the deposition

be recorded and preserved on videotape” and inserting “that

a video recording of the deposition be made and preserved”;

\(iii\) in subparagraph \(B\)—

\(I\) in clause \(ii\), by striking “that the child's

deposition be taken and preserved by videotape” and

inserting “that a video recording of the child's deposition

be made and preserved”;

\(II\) in clause \(iii\)—

\(aa\) in the matter preceding subclause \(I\), by striking

“videotape” and inserting “recorded”; and

\(bb\) in subclause \(IV\), by striking “videotape” and

inserting “recording”; and

\(III\) in clause \(v\)—

\(aa\) in the heading, by striking “videotape” and

inserting “video recording”;

\(bb\) in the first sentence, by striking “made and

preserved on video tape” and inserting “recorded and

preserved”; and

\(cc\) in the second sentence, by striking “videotape” and

inserting “video recording”;

\(iv\) in subparagraph \(C\), by striking “child's

videotaped” and inserting “video recording of the

child's”;

\(v\) in subparagraph \(D\)—

\(I\) by striking “videotaping” and inserting

“deposition”; and

\(II\) by striking “videotaped” and inserting “recorded”;

\(vi\) in subparagraph \(E\), by striking “videotaped” and

inserting “recorded”; and

\(vii\) in subparagraph \(F\), by striking “videotape” each

place the term appears and inserting “video recording”;

\(3\) in subsection \(d\)—

\(A\) in paragraph \(1\)\(A\)—

\(i\) in clause \(i\), by striking “the name or any other

information concerning a child” and inserting “a covered

person's protected information”; and

\(ii\) in clause \(ii\)—

\(I\) by striking “documents described in clause \(i\) or the

information in them that concerns a child” and inserting “a

covered person's protected information”; and

\(II\) by striking “, have reason to know such information”

and inserting “\(including witnesses or potential witnesses\),

have reason to know each item of protected information to be

disclosed”;

\(B\) in paragraph \(2\)—

\(i\) by striking “the name of or any other information

concerning a child” each place the term appears and

inserting “a covered person's protected information”;

\(ii\) by redesignating subparagraphs \(A\) and \(B\) as clauses

\(i\) and \(ii\), respectively, and adjusting the margins

accordingly;

\(iii\) by striking “All papers” and inserting the

following:

“\(A\) In general.—All papers”; and

\(iv\) by adding at the end the following:

“\(B\) Enforcement of violations.—The court may address a

violation of subparagraph \(A\) in the same manner as

disobedience or resistance to a lawful court order under

section 401\(3\).”;

\(C\) in paragraph \(3\)—

\(i\) in subparagraph \(A\)—

\(I\) by striking “a child from public disclosure of the

name of or any other information concerning the child” and

inserting “a covered person's protected information from

public disclosure”; and

\(II\) by striking “, if the court determines that there is

a significant possibility that such disclosure would be

detrimental to the child”;

\(ii\) in subparagraph \(B\)—

\(I\) in clause \(i\)—

\(aa\) by striking “a child witness, and the testimony of

any other witness” and inserting “any witness”; and

\(bb\) by striking “the name of or any other information

concerning a child” and inserting “a covered person's

protected information”; and

\(II\) in clause \(ii\), by striking “child” and inserting

“covered person”; and

\(iii\) by adding at the end the following:

“\(C\)\(i\) For purposes of this paragraph, there shall be a

presumption that public disclosure of a covered person's

protected information would be detrimental to the covered

person.

“\(ii\) The court shall deny a motion for a protective order

under subparagraph \(A\) only if the court finds that the party

opposing the motion has rebutted the presumption under clause

\(i\) of this subparagraph.”;

\(D\) in paragraph \(4\)—

\(i\) by striking “This subsection” and inserting the

following:

“\(A\) Disclosure to certain parties.—This subsection”;

\(ii\) in subparagraph \(A\), as so designated—

\(I\) by striking “the name of or other information

concerning a child” and inserting “a covered person's

protected information”; and

\(II\) by striking “or an adult attendant, or to” and

inserting “an adult attendant, a law enforcement agency for

any intelligence or investigative purpose, or”; and

\(iii\) by adding at the end the following:

“\(B\) Request for public disclosure.—If any party requests

public disclosure of a covered person's protected information

to further a public interest, the court shall deny the

request unless the court finds that—

“\(i\) the party seeking disclosure has established that

there is a compelling public interest in publicly disclosing

the covered person's protected information;

“\(ii\) there is a substantial probability that the public

interest would be harmed if the covered person's protected

information is not disclosed;

“\(iii\) the substantial probability of harm to the public

interest outweighs the harm to the covered person from public

disclosure of the covered person's protected information; and

“\(iv\) there is no alternative to public disclosure of the

covered person's protected information that would adequately

protect the public interest.”; and

\(E\) by adding at the end the following:

“\(5\) Other protected information.—The court may order

that information shall be considered to be \`protected

information' for purposes of this subsection if the court

finds that the information is sufficiently personal,

sensitive, or identifying that it should be subject to the

protections and presumptions under this subsection.”;

\(4\) by striking subsection \(f\) and inserting the following:

“\(f\) Victim Impact Statement.—

“\(1\) Probation officer.—In preparing the presentence

report pursuant to rule 32\(c\) of the Federal Rules of

Criminal Procedure, the probation officer shall request

information from the multidisciplinary child abuse team, if

applicable, or other appropriate sources to determine the

impact of the offense on a child victim and any other

children who may have been affected by the offense.

“\(2\) Guardian ad litem.—A guardian ad litem appointed

under subsection \(h\) shall—

“\(A\) make every effort to obtain and report information

that accurately expresses the views of a child victim, and

the views of family members as appropriate, concerning the

impact of the offense; and

“\(B\) use forms that permit a child victim to express the

child's views concerning the personal consequences of the

offense, at a level and in a form of communication

commensurate with the child's age and ability.”;

\(5\) in subsection \(h\), by adding at the end the following:

“\(4\) Authorization of appropriations.—

“\(A\) In general.—There is authorized to be appropriated

to the United States courts to carry out this subsection

$25,000,000 for each fiscal year.

“\(B\) Supervision of payments.—Payments from

appropriations authorized under subparagraph \(A\) shall be

made under the supervision of the Director of the

Administrative Office of the United States Courts.”;

\(6\) in subsection \(i\)—

\(A\) by striking “A child testifying at or attending a

judicial proceeding” and inserting the following:

“\(1\) In general.—A child testifying at a judicial

proceeding, including in a manner described in subsection

\(b\),”;

\(B\) in paragraph \(1\), as so designated—

\(i\) in the third sentence, by striking “proceeding” and

inserting “testimony”; and

\(ii\) by striking the fifth sentence; and

\(C\) by adding at the end the following:

“\(2\) Recording.—If the adult attendant is in close

physical proximity to or in contact with the child while the

child testifies—

“\(A\) at a judicial proceeding, a video recording of the

adult attendant shall be made and shall become part of the

court record; or

“\(B\) in a manner described in subsection \(b\), the adult

attendant shall be visible on the closed-circuit television

or in the recorded deposition.

“\(3\) Covered persons attending proceeding.—A covered

person shall have the right to be accompanied by an adult

attendant when attending any judicial proceeding.”;

\(7\) in subsection \(j\)—

\(A\) by striking “child” each place the term appears and

inserting “covered person”; and

\(B\) in the fourth sentence—

\(i\) by striking “and the potential” and inserting “, the

potential”;

\(ii\) by striking “child's” and inserting “covered

person's”; and

\(iii\) by inserting before the period at the end the

following: “, and the necessity of the continuance to

protect the defendant's rights”;

\(8\) in subsection \(k\), by striking “child” each place the

term appears and inserting “covered person”;

\(9\) in subsection \(l\), by striking “child” each place the

term appears and inserting “covered person”; and

\(10\) in subsection \(m\)—

\(A\) by striking “\(as defined by section 2256 of this

title\)” each place it appears;

\(B\) by inserting “or an obscene visual depiction of a

child” after “child pornography” each place it appears

except the second instance in paragraph \(3\);

\(C\) in paragraph \(1\), by inserting “and any civil action

brought under section 2255 or 2255A” after “any criminal

proceeding”;

\(D\) in paragraph \(2\), by adding at the end the following:

“\(C\)\(i\) Notwithstanding rule 26 of the Federal Rules of

Civil Procedure, a court shall deny, in any civil action

brought under section 2255 or 2255A, any request by any party

to copy, photograph, duplicate, or otherwise reproduce any

property or material that constitutes child pornography or an

obscene visual depiction of a child.

“\(ii\) In a civil action brought under section 2255 or

2255A, for purposes of paragraph \(1\), the court may—

“\(I\) order the plaintiff or defendant to provide to the

court or the Government, as applicable, any equipment

necessary to maintain care, custody, and control of such

property or material; and

“\(II\) take reasonable measures, and may order the

Government \(if such property or material is in the care,

custody, and control of the Government\) to take reasonable

measures, to provide each party to the action, the attorney

of each party, and any individual a party may seek to qualify

as an expert, with ample opportunity to inspect, view, and

examine such property or material at the court or a

Government facility, as applicable.”; and

\(E\) in paragraph \(3\)—

\(i\) by inserting “and during the 1-year period following

the date on which the criminal proceeding becomes final or is

terminated” after “any criminal proceeding”;

\(ii\) by striking “, as defined under section 2256\(8\),”;

and

\(iii\) by inserting “or obscene visual depiction of a

child” after “such child pornography”.

\(b\) Effective Date.—The amendments made by this section

shall apply to conduct that occurs before, on, or after the

date of enactment of this Act.

SEC. 1703. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL

AMENDMENTS TO RESTITUTION STATUTES.

Title 18, United States Code, is amended—

\(1\) in section 1593\(c\)—

\(A\) by inserting “\(1\)” after “\(c\)”;

\(B\) by striking “chapter, including, in” and inserting

the following: “chapter.

“\(2\) In”; and

\(C\) in paragraph \(2\), as so designated, by inserting “may

assume the rights of the victim under this section” after

“suitable by the court”;

\(2\) in section 2248\(c\)—

\(A\) by striking “For purposes” and inserting the

following:

“\(1\) In general.—For purposes”;

\(B\) by striking “chapter, including, in” and inserting

the following: “chapter.

“\(2\) Assumption of crime victim's rights.—In”; and

\(C\) in paragraph \(2\), as so designated, by inserting “may

assume the rights of the victim under this section” after

“suitable by the court”;

\(3\) in section 2259—

\(A\) by striking subsection \(a\) and inserting the following:

“\(a\) In General.—Notwithstanding section 3663 or 3663A,

and in addition to any other civil or criminal penalty

authorized by law, the court shall order restitution for any

offense under—

“\(1\) section 1466A, to the extent the conduct involves a

visual depiction of an identifiable minor; or

“\(2\) this chapter.”;

\(B\) in subsection \(b\)—

\(i\) in paragraph \(1\), by striking “Directions.—Except as

provided in paragraph \(2\), the” and inserting “Restitution

for child pornography production.—If the defendant was

convicted of child pornography production, the”; and

\(ii\) in paragraph \(2\)\(B\), by striking “$3,000.” and

inserting the following: “—

“\(i\) $3,000; or

“\(ii\) 10 percent of the full amount of the victim's

losses, if the full amount of the victim's losses is less

than $3,000.”; and

\(C\) in subsection \(c\)—

\(i\) by striking paragraph \(1\) and inserting the following:

“\(1\) Child pornography production.—For purposes of this

section and section 2259A, the term \`child pornography

production' means—

“\(A\) a violation of, attempted violation of, or conspiracy

to violate section 1466A\(a\) to the extent the conduct

involves production of a visual depiction of an identifiable

minor;

“\(B\) a violation of, attempted violation of, or conspiracy

to violate section 1466A\(a\) involving possession with intent

to distribute, or section 1466A\(b\), to the extent the conduct

involves a visual depiction of an identifiable minor—

“\(i\) produced by the defendant; or

“\(ii\) that the defendant attempted or conspired to

produce;

“\(C\) a violation of subsection \(a\), \(b\), or \(c\) of section

2251, or an attempt or conspiracy to violate any of those

subsections under subsection \(e\) of that section;

“\(D\) a violation of section 2251A;

“\(E\) a violation of section 2252\(a\)\(4\) or 2252A\(a\)\(5\), or

an attempt or conspiracy to violate either of those sections

under section 2252\(b\)\(2\) or 2252A\(b\)\(2\), to the extent such

conduct involves child pornography—

“\(i\) produced by the defendant; or

“\(ii\) that the defendant attempted or conspired to

produce;

“\(F\) a violation of subsection \(a\)\(7\) of section 2252A, or

an attempt or conspiracy to violate that subsection under

subsection \(b\)\(3\) of that section, to the extent the conduct

involves production with intent to distribute;

“\(G\) a violation of section 2252A\(g\) if the series of

felony violations involves not fewer than 1 violation—

“\(i\) described in subparagraph \(A\), \(B\), \(E\), or \(F\) of

this paragraph;

“\(ii\) of section 1591; or

“\(iii\) of section 1201, chapter 109A, or chapter 117, if

the victim is a minor;

“\(H\) a violation of subsection \(a\) of section 2260, or an

attempt or conspiracy to violate that subsection under

subsection \(c\)\(1\) of that section;

“\(I\) a violation of section 2260B\(a\)\(2\) for promoting or

facilitating an offense—

“\(i\) described in subparagraph \(A\), \(B\), \(D\), or \(E\) of

this paragraph; or

“\(ii\) under section 2422\(b\); and

“\(J\) a violation of chapter 109A or chapter 117, if the

offense involves the production or attempted production of,

or conspiracy to produce, child pornography.”;

\(ii\) by striking paragraph \(3\) and inserting the following:

“\(3\) Trafficking in child pornography.—For purposes of

this section and section 2259A, the term \`trafficking in

child pornography' means—

“\(A\) a violation of, attempted violation of, or conspiracy

to violate section 1466A\(a\) to the extent the conduct

involves distribution or receipt of a visual depiction of an

identifiable minor;

“\(B\) a violation of, attempted violation of, or conspiracy

to violate section 1466A\(a\) involving possession with intent

to distribute, or section 1466A\(b\), to the extent the conduct

involves a visual depiction of an identifiable minor—

“\(i\) not produced by the defendant; or

“\(ii\) that the defendant did not attempt or conspire to

produce;

“\(C\) a violation of subsection \(d\) of section 2251 or an

attempt or conspiracy to violate that subsection under

subsection \(e\) of that section;

“\(D\) a violation of paragraph \(1\), \(2\), or \(3\) of

subsection \(a\) of section 2252, or an attempt or conspiracy

to violate any of those paragraphs under subsection \(b\)\(1\) of

that section;

“\(E\) a violation of section 2252\(a\)\(4\) or 2252A\(a\)\(5\), or

an attempt or conspiracy to violate either of those sections

under section 2252\(b\)\(2\) or 2252A\(b\)\(2\), to the extent such

conduct involves child pornography—

“\(i\) not produced by the defendant; or

“\(ii\) that the defendant did not attempt or conspire to

produce;

“\(F\) a violation of paragraph \(1\), \(2\), \(3\), \(4\), or \(6\)

of subsection \(a\) of section 2252A, or an attempt or

conspiracy to violate any of those paragraphs under

subsection \(b\)\(1\) of that section;

“\(G\) a violation of subsection \(a\)\(7\) of section 2252A, or

an attempt or conspiracy to violate that subsection under

subsection \(b\)\(3\) of that section, to the extent the conduct

involves distribution;

“\(H\) a violation of section 2252A\(g\) if the series of

felony violations exclusively involves violations described

in this paragraph \(except subparagraphs \(A\) and \(B\)\);

“\(I\) a violation of subsection \(b\) of section 2260, or an

attempt or conspiracy to violate that subsection under

subsection \(c\)\(2\) of that section; and

“\(J\) a violation of subsection \(a\)\(1\) of section 2260B, or

a violation of subsection \(a\)\(2\) of that section for

promoting or facilitating an offense described in this

paragraph \(except subparagraphs \(A\) and \(B\)\).”; and

\(iii\) in paragraph \(4\), in the first sentence, by inserting

“or an identifiable minor harmed as a result of the

commission of a crime under section 1466A” after “under

this chapter”;

\(4\) in section 2259A\(a\)—

\(A\) in paragraph \(1\), by striking “under section

2252\(a\)\(4\) or 2252A\(a\)\(5\)” and inserting “described in

subparagraph \(B\) or \(E\) of section 2259\(c\)\(3\)”; and

\(B\) in paragraph \(2\), by striking “any other offense for

trafficking in child pornography” and inserting “any

offense for trafficking in child pornography other than an

offense described in subparagraph \(B\) or \(E\) of section

2259\(c\)\(3\)”;

\(5\) in section 2429—

\(A\) in subsection \(b\)\(3\), by striking “2259\(b\)\(3\)” and

inserting “2259\(c\)\(2\)”; and

\(B\) in subsection \(d\)—

\(i\) by inserting “\(1\)” after “\(d\)”;

\(ii\) by striking “chapter, including, in” and inserting

the following: “chapter.

“\(2\) In”; and

\(iii\) in paragraph \(2\), as so designated, by inserting

“may assume the rights of the victim under this section”

after “suitable by the court”; and

\(6\) in section 3664, by adding at the end the following:

“\(q\) Trustee or Other Fiduciary.—

“\(1\) In general.—

“\(A\) Appointment of trustee or other fiduciary.—When the

court issues an order of restitution under section 1593,

2248, 2259, 2429, or 3663, or subparagraphs \(A\)\(i\) and \(B\) of

section 3663A\(c\)\(1\), for a victim described in subparagraph

\(B\) of this paragraph, the court, at its own discretion or

upon motion by the Government, may appoint a trustee or other

fiduciary to hold any amount paid for restitution in a trust

or other official account for the benefit of the victim.

“\(B\) Covered victims.—A victim referred to in

subparagraph \(A\) is a victim who is—

“\(i\) under the age of 18 at the time of the proceeding;

“\(ii\) incompetent or incapacitated; or

“\(iii\) subject to paragraph \(3\), a foreign citizen or

stateless person residing outside the United States.

“\(2\) Order.—When the court appoints a trustee or other

fiduciary under paragraph \(1\), the court shall issue an order

specifying—

“\(A\) the duties of the trustee or other fiduciary, which

shall require—

“\(i\) the administration of the trust or maintaining an

official account in the best interests of the victim; and

“\(ii\) disbursing payments from the trust or account—

“\(I\) to the victim; or

“\(II\) to any individual or entity on behalf of the victim;

“\(B\) that the trustee or other fiduciary—

“\(i\) shall avoid any conflict of interest;

“\(ii\) may not profit from the administration of the trust

or maintaining an official account for the benefit of the

victim other than as specified in the order; and

“\(iii\) may not delegate administration of the trust or

maintaining the official account to any other person;

“\(C\) if and when the trust or the duties of the other

fiduciary will expire; and

“\(D\) the fees payable to the trustee or other fiduciary to

cover expenses of administering the trust or maintaining the

official account for the benefit of the victim, and the

schedule for payment of those fees.

“\(3\) Fact-finding regarding foreign citizens and stateless

person.—In the case of a victim who is a foreign citizen or

stateless person residing outside the United States and is

not under the age of 18 at the time of the proceeding or

incompetent or incapacitated, the court may appoint a trustee

or other fiduciary under paragraph \(1\) only if the court

finds it necessary to—

“\(A\) protect the safety or security of the victim; or

“\(B\) provide a reliable means for the victim to access or

benefit from the restitution payments.

“\(4\) Payment of fees.—

“\(A\) In general.—The court may, with respect to the fees

of the trustee or other fiduciary—

“\(i\) pay the fees in whole or in part; or

“\(ii\) order the defendant to pay the fees in whole or in

part.

“\(B\) Applicability of other provisions.—With respect to a

court order under subparagraph \(A\)\(ii\) requiring a defendant

to pay fees—

“\(i\) subsection \(f\)\(3\) shall apply to the court order in

the same manner as that subsection applies to a restitution

order;

“\(ii\) subchapter C of chapter 227 \(other than section

3571\) shall apply to the court order in the same manner as

that subchapter applies to a sentence of a fine; and

“\(iii\) subchapter B of chapter 229 shall apply to the

court order in the same manner as that subchapter applies to

the implementation of a sentence of a fine.

“\(C\) Effect on other penalties.—Imposition of payment

under subparagraph \(A\)\(ii\) shall not relieve a defendant of,

or entitle a defendant to a reduction in the amount of, any

special assessment, restitution, other fines, penalties, or

costs, or other payments required under the defendant's

sentence.

“\(D\) Schedule.—Notwithstanding any other provision of

law, if the court orders the defendant to make any payment

under subparagraph \(A\)\(ii\), the court may provide a payment

schedule that is concurrent with the payment of any other

financial obligation described in subparagraph \(C\).

“\(5\) Authorization of appropriations.—

“\(A\) In general.—There is authorized to be appropriated

to the United States courts to carry out this subsection

$15,000,000 for each fiscal year.

“\(B\) Supervision of payments.—Payments from

appropriations authorized under subparagraph \(A\) shall be

made under the supervision of the Director of the

Administrative Office of the United States Courts.”.

SEC. 1704. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND

TRANSPARENCY BY THE TECH INDUSTRY.

\(a\) In General.—Chapter 110 of title 18, United States

Code, is amended—

\(1\) in section 2258A—

\(A\) by striking subsections \(a\), \(b\), and \(c\) and inserting

the following:

“\(a\) Duty to Report.—

“\(1\) Duty.—In order to reduce the proliferation of online

child sexual exploitation and to prevent the online sexual

exploitation of children, as soon as reasonably possible

after obtaining actual knowledge of any facts or

circumstances described in paragraph \(2\) or any apparent

child pornography on the provider's service, and in any event

not later than 60 days after obtaining such knowledge, a

provider shall submit to the CyberTipline of NCMEC, or any

successor to the CyberTipline operated by NCMEC, a report

that—

“\(A\) shall contain—

“\(i\) the mailing address, telephone number, facsimile

number, electronic mailing address of, and individual point

of contact for, such provider; and

“\(ii\) information or material described in subsection

\(b\)\(1\)\(A\) concerning such facts or circumstances or apparent

child pornography; and

“\(B\) may contain information described in subsection

\(b\)\(2\), including any available information to identify or

locate any involved minor.

“\(2\) Facts or circumstances.—The facts or circumstances

described in this paragraph are any facts or circumstances

indicating an apparent, planned, or imminent violation of

section 1591 \(if the violation involves a minor\), 2251,

2251A, 2252, 2252A, 2252B, 2260, or 2422\(b\).

“\(3\) Complainant information.—For a report premised on a

complaint or notification submitted to a provider by a user

of the provider's product or service, or a parent, guardian,

or representative of such user, the provider shall take

reasonable measures to determine what information or material

in the user's account shall be included in the report as

provided in subsection \(b\)\(1\)\(A\)\(vi\).

“\(b\) Contents of Report.—

“\(1\) In general.—In an effort to prevent the future

sexual victimization of children, and to the extent the

information is within the custody or control of a provider,

each report provided under subsection \(a\)\(1\)—

“\(A\) shall include, to the extent that it is applicable

and reasonably available—

“\(i\) the name, address, electronic mail address, user or

account identification, Internet Protocol address, port

number, and uniform resource locator of any individual who is

a subject of the report;

“\(ii\) the terms of service in effect at the time of—

“\(I\) the apparent violation; or

“\(II\) the detection of apparent child pornography or a

planned or imminent violation;

“\(iii\) a copy of any apparent child pornography that is

the subject of the report, or all accessible chats, messages,

or text exchanges that are related to the report, that were

identified in a publicly available location;

“\(iv\) for each item of apparent child pornography included

in the report under clause \(iii\) or paragraph \(2\)\(E\),

information indicating whether—

“\(I\) the apparent child pornography was publicly

available; or

“\(II\) the provider, in its sole discretion, viewed the

apparent child pornography, or any copy thereof, at any point

concurrent with or prior to the submission of the report;

“\(v\) for each item of apparent child pornography that is

the subject of the report, an indication as to whether the

apparent child pornography—

“\(I\) is created in whole or in part through the use of

software, machine learning, artificial intelligence, or any

other computer-generated or technological means, including by

adapting, modifying, manipulating, or altering an authentic

visual depiction;

“\(II\) has previously been the subject of a report under

subsection \(a\)\(1\); or

“\(III\) is the subject of multiple contemporaneous reports

due to rapid and widespread distribution; and

“\(vi\) any and all information or material \(including

apparent child pornography, chats, messages, or text

exchanges\) relating to the subject of the report in the

account of a user of the provider's product or service, if

the user, or the parent, guardian, or representative of such

user—

“\(I\) provided the information or material in a

notification or complaint to the provider;

“\(II\) indicates that such information or material should

be included in the report; or

“\(III\) consents to the inclusion of such information or

material in the report; and

“\(B\) may, at the sole discretion of the provider, include

the information described in paragraph \(2\) of this

subsection.

“\(2\) Other information.—The information referred to in

paragraph \(1\)\(B\) is the following:

“\(A\) Information about any involved individual.—Any

information relating to the identity or location of any

individual who is a subject of the report, including payment

or financial information \(excluding personally identifiable

information\) and self-reported identifying or locating

information.

“\(B\) Information about any involved minor.—Information

relating to the identity or location of any involved minor,

which may include an address, electronic mail address,

Internet Protocol address, port number, uniform resource

locator, payment or financial information \(excluding

personally identifiable information\), or any other

information that may identify or locate any involved minor,

including self-reported identifying or locating information.

“\(C\) Historical reference.—Information relating to when

and how a customer or subscriber of a provider uploaded,

transmitted, or received content relating to the report or

when and how content relating to the report was reported to,

or discovered by the provider, including a date and time

stamp and time zone.

“\(D\) Geographic location information.—Information

relating to the geographic location of the involved

individual or website, which may include the Internet

Protocol address, port number, or verified address, or, if

not reasonably available, at least one form of geographic

identifying information, including area code or ZIP Code,

provided by the customer or subscriber, or stored or obtained

by the provider.

“\(E\) Apparent child pornography.—Any apparent child

pornography not described in paragraph \(1\)\(A\)\(iii\), or other

content related to the subject of the report.

“\(F\) Complete communication.—The complete communication

containing any apparent child pornography or other content,

including—

“\(i\) any data or information regarding the transmission of

the communication; and

“\(ii\) any visual depictions, data, or other digital files

contained in, or attached to, the communication.

“\(G\) Technical identifier.—An industry-standard hash

value or other similar industry-standard technical identifier

for any reported visual depiction as it existed on the

provider's service.

“\(H\) Description.—For any item of apparent child

pornography that is the subject of the report, an indication

of whether—

“\(i\) the depicted sexually explicit conduct involves—

“\(I\) genital, oral, or anal sexual intercourse;

“\(II\) bestiality;

“\(III\) masturbation;

“\(IV\) sadistic or masochistic abuse; or

“\(V\) lascivious exhibition of the anus, genitals, or pubic

area of any person; and

“\(ii\) the depicted minor is—

“\(I\) an infant or toddler;

“\(II\) prepubescent;

“\(III\) pubescent;

“\(IV\) post-pubescent; or

“\(V\) of an indeterminate age or developmental stage.

“\(I\) Chats, messages, or text exchanges.—Chats, messages,

or text exchanges that fully provide the context for the

report.

“\(3\) Formatting of reports.—When a provider includes any

information described in paragraph \(1\) or, at its sole

discretion, any information described in paragraph \(2\) in a

report to the CyberTipline of NCMEC, or any

successor to the CyberTipline operated by NCMEC, the provider

shall use best efforts to ensure that the report conforms

with the structure of the CyberTipline or the successor, as

applicable.

“\(c\) Forwarding of Report and Other Information to Law

Enforcement.—

“\(1\) In general.—Pursuant to its clearinghouse role as a

private, nonprofit organization, and at the conclusion of its

review in furtherance of its nonprofit mission, NCMEC shall

make available each report submitted under subsection \(a\)\(1\)

to one or more of the following law enforcement agencies:

“\(A\) Any Federal law enforcement agency that is involved

in the investigation of child sexual exploitation,

kidnapping, or enticement crimes.

“\(B\) Any State or local law enforcement agency that is

involved in the investigation of child sexual exploitation.

“\(C\) A foreign law enforcement agency designated by the

Attorney General under subsection \(d\)\(3\) or a foreign law

enforcement agency that has an established relationship with

the Federal Bureau of Investigation, Immigration and Customs

Enforcement, or INTERPOL, and is involved in the

investigation of child sexual exploitation, kidnapping, or

enticement crimes.

“\(2\) Technical identifiers.—If a report submitted under

subsection \(a\)\(1\) contains an industry-standard hash value or

other similar industry-standard technical identifier—

“\(A\) NCMEC may compare that hash value or identifier with

any database or repository of visual depictions owned or

operated by NCMEC; and

“\(B\) if the comparison under subparagraph \(A\) results in a

match, NCMEC may include the matching visual depiction from

its database or repository when forwarding the report to an

agency described in subparagraph \(A\) or \(B\) of paragraph

\(1\).”;

\(B\) in subsection \(d\)—

\(i\) in paragraph \(2\), by striking “subsection \(c\)\(1\)” and

inserting “subsection \(c\)\(1\)\(A\)”;

\(ii\) in paragraph \(3\)—

\(I\) in subparagraph \(A\), by striking “subsection \(c\)\(3\)”

and inserting “subsection \(c\)\(1\)\(C\)”; and

\(II\) in subparagraph \(C\), by striking “subsection \(c\)\(3\)”

and inserting “subsection \(c\)\(1\)\(C\)”; and

\(iii\) in paragraph \(5\)\(B\)—

\(I\) in clause \(i\), by striking “forwarded” and inserting

“made available”; and

\(II\) in clause \(ii\), by striking “forwarded” and

inserting “made available”;

\(C\) by striking subsection \(e\) and inserting the following:

“\(e\) Failure to Comply With Requirements.—

“\(1\) Criminal penalty.—

“\(A\) Offense.—It shall be unlawful for a provider to

knowingly—

“\(i\) fail to submit a report under subsection \(a\)\(1\)

within the time period required by that subsection; or

“\(ii\) fail to preserve material as required under

subsection \(h\).

“\(B\) Penalty.—

“\(i\) In general.—A provider that violates subparagraph

\(A\) shall be fined—

“\(I\) in the case of an initial violation, not more than—

“\(aa\) $850,000 if the provider has not fewer than

100,000,000 monthly active users; or

“\(bb\) $600,000 if the provider has fewer than 100,000,000

monthly active users; and

“\(II\) in the case of any second or subsequent violation,

not more than—

“\(aa\) $1,000,000 if the provider has not fewer than

100,000,000 monthly active users; or

“\(bb\) $850,000 if the provider has fewer than 100,000,000

monthly active users.

“\(ii\) Harm to individuals.—The maximum fine under clause

\(i\) shall be doubled if an individual is harmed as a direct

and proximate result of the applicable violation.

“\(2\) Civil penalty.—

“\(A\) Violations relating to cybertipline reports and

material preservation.—A provider shall be liable to the

United States Government for a civil penalty in an amount of

not less than $50,000 and not more than $250,000 if the

provider knowingly—

“\(i\) fails to submit a report under subsection \(a\)\(1\)

within the time period required by that subsection;

“\(ii\) fails to preserve material as required under

subsection \(h\); or

“\(iii\) submits a report under subsection \(a\)\(1\) that—

“\(I\) contains materially false or fraudulent information;

or

“\(II\) omits information described in subsection \(b\)\(1\)\(A\)

that is reasonably available.

“\(B\) Annual report violations.—A provider shall be liable

to the United States Government for a civil penalty in an

amount of not less than $100,000 and not more than $1,000,000

if the provider knowingly—

“\(i\) fails to submit an annual report as required under

subsection \(i\); or

“\(ii\) submits an annual report under subsection \(i\) that—

“\(I\) contains a materially false, fraudulent, or

misleading statement; or

“\(II\) omits information described in subsection \(i\)\(1\)

that is reasonably available.

“\(C\) Harm to individuals.—The amount of a civil penalty

under subparagraph \(A\) or \(B\) shall be tripled if an

individual is harmed as a direct and proximate result of the

applicable violation.

“\(D\) Costs of civil actions.—A provider that commits a

violation described in subparagraph \(A\) or \(B\) shall be

liable to the United States Government for the costs of a

civil action brought to recover a civil penalty under that

subparagraph.

“\(E\) Enforcement.—This paragraph shall be enforced in

accordance with sections 3731, 3732, and 3733 of title 31,

except that a civil action to recover a civil penalty under

subparagraph \(A\) or \(B\) of this paragraph may only be brought

by the United States Government.

“\(3\) Deposit of fines and penalties.—Notwithstanding any

other provision of law, any criminal fine or civil penalty

collected under this subsection shall be deposited into the

Child Pornography Victims Reserve as provided in section

2259B.”;

\(D\) in subsection \(f\), by striking paragraph \(3\) and

inserting the following:

“\(3\) affirmatively search, screen, or scan for—

“\(A\) facts or circumstances described in subsection

\(a\)\(2\);

“\(B\) information described in subsection \(b\)\(2\); or

“\(C\) any apparent child pornography.”;

\(E\) in subsection \(g\)—

\(i\) in paragraph \(2\)\(A\)—

\(I\) in clause \(iii\), by inserting “or personnel at a

children's advocacy center” after “State\)”; and

\(II\) in clause \(iv\), by striking “State or subdivision of

a State” and inserting “State, subdivision of a State, or

children's advocacy center”; and

\(ii\) in paragraph \(3\), in the matter preceding subparagraph

\(A\), by striking “subsection \(a\)” and inserting

“subsection \(a\)\(1\)”;

\(F\) in subsection \(h\), by striking paragraph \(5\) and

inserting the following:

“\(5\) Relation to reporting requirement.—Submission of a

report as described in subsection \(a\)\(1\) does not satisfy the

obligations under this subsection.”; and

\(G\) by adding at the end the following:

“\(i\) Annual Report.—

“\(1\) In general.—Not later than March 31 of the second

year beginning after the date of enactment of the STOP CSAM

Act of 2026, and of each year thereafter, a provider that had

more than 1,000,000 unique monthly visitors or users during

each month of the preceding year and accrued revenue of more

than $50,000,000 during the preceding year shall submit to

the Attorney General and the Chair of the Federal Trade

Commission a report, disaggregated by subsidiary, that

provides the following information for the preceding year to

the extent such information is applicable and reasonably

available:

“\(A\) Cybertipline data.—

“\(i\) The total number of reports that the provider

submitted under subsection \(a\)\(1\).

“\(ii\) Which items of information described in subsection

\(b\)\(2\) are routinely included in the reports submitted by the

provider under subsection \(a\)\(1\).

“\(B\) Other reporting to the provider.—

“\(i\) The measures the provider has in place to receive

other reports concerning child sexual exploitation and abuse

using the provider's product or on the provider's service.

“\(ii\) The average time for responding to reports described

in clause \(i\).

“\(iii\) The number of reports described in clause \(i\) that

the provider received.

“\(iv\) A summary description of the actions taken upon

receipt of the reports described in clause \(i\).

“\(C\) Policies.—

“\(i\) A description of the policies of the provider with

respect to the commission of child sexual exploitation and

abuse using the provider's product or on the provider's

service, including how child sexual exploitation and abuse is

defined.

“\(ii\) A description of possible user consequences for

violations of the policies described in clause \(i\).

“\(iii\) The methods of informing users of the policies

described in clause \(i\).

“\(iv\) The process for adjudicating potential violations of

the policies described in clause \(i\).

“\(D\) Culture of safety.—

“\(i\) The measures, tools, and technologies that the

provider deploys to—

“\(I\) protect children from sexual exploitation and abuse

using the provider's product or service;

“\(II\) prevent or interdict activity by children related to

sexual exploitation and abuse, including the posting or

sharing of intimate visual depictions; and

“\(III\) accurately identify adult and minor users.

“\(ii\) The measures, tools, and technologies that the

provider deploys to empower parents and guardians to protect

their children from sexual exploitation and abuse using the

provider's product or service.

“\(iii\) The measures, tools, and technologies that the

provider deploys to prevent the use of the provider's product

or service by individuals seeking to commit child sexual

exploitation and abuse.

“\(iv\) With respect to the measures, tools, and

technologies described in clauses \(i\), \(ii\), and \(iii\)—

“\(I\) an assessment of their efficacy, including any

relevant quantitative information indicating when and how

often they are used; and

“\(II\) information on any factors that limit their efficacy

or create gaps in their protection and efforts by the

provider to address those loopholes or gaps.

“\(v\) A description of factors that interfere with the

provider's ability to detect or

evaluate instances of child sexual exploitation and abuse and

an analysis of the impact of those factors.

“\(vi\) Information shared by the provider with users about

the risks to children on the provider's product or service

concerning sexual exploitation and abuse and an assessment of

the impact of the information on users, including any

relevant quantitative information indicating how often the

information is reviewed.

“\(vii\) A description of efforts undertaken by the

provider, to the extent appropriate, to allow for independent

verification of the information provided pursuant to this

subparagraph and of the efficacy of the measures, tools, and

technologies described in clauses \(i\), \(ii\), and \(iii\),

including through the facilitation of independent research.

“\(E\) Safety by design.—The measures that the provider

takes before launching a new product or service—

“\(i\) to assess—

“\(I\) the safety risks for children with respect to sexual

exploitation and abuse; and

“\(II\) whether and how individuals could use the new

product or service to commit child sexual exploitation and

abuse; and

“\(ii\) to determine—

“\(I\) the appropriate age for users of the new product or

service; and

“\(II\) whether the new product or service will be adopted

to commit child sexual exploitation and abuse.

“\(F\) Prevalence, trends, and patterns.—Any information

concerning—

“\(i\) the prevalence of child sexual exploitation and abuse

on the provider's product or service, including the volume of

child pornography that is available and that is being

accessed, distributed, or received; and

“\(ii\) emerging trends, risks, and changing patterns with

respect to the commission of online child sexual exploitation

and abuse.

“\(G\) Other information.—Any other information relevant to

child sexual exploitation and abuse on the provider's product

or service.

“\(2\) Avoiding duplication.—Notwithstanding the

requirement under the matter preceding paragraph \(1\) that

information be submitted annually, in the case of any report

submitted under that paragraph after the initial report, a

provider shall submit information described in subparagraphs

\(C\) through \(F\) of that paragraph not less frequently than

once every 3 years or when new information is available,

whichever is more frequent.

“\(3\) Limitation.—Nothing in paragraph \(1\) shall require

the disclosure of trade secrets or other proprietary

information.

“\(4\) Publication.—

“\(A\) In general.—Subject to subparagraph \(B\), the

Attorney General and the Chair of the Federal Trade

Commission shall publish the reports received under this

subsection.

“\(B\) Redaction.—

“\(i\) In general.—Whether or not such redaction is

requested by the provider, the Attorney General and Chair of

the Federal Trade Commission shall redact from a report

published under subparagraph \(A\) any information as necessary

to avoid—

“\(I\) undermining the efficacy of a safety measure

described in the report; or

“\(II\) revealing how a product or service of a provider may

be used to commit online child sexual exploitation and abuse.

“\(ii\) Additional redaction.—

“\(I\) Request.—In addition to information redacted under

clause \(i\), a provider may request the redaction, from a

report published under subparagraph \(A\), of any information

that is law enforcement sensitive or otherwise not suitable

for public distribution.

“\(II\) Agency discretion.—The Attorney General and Chair

of the Federal Trade Commission—

“\(aa\) shall consider a request made under subclause \(I\);

and

“\(bb\) may, in their discretion, redact from a report

published under subparagraph \(A\) any information pursuant to

the request.”;

\(2\) in section 2258B—

\(A\) by striking subsection \(a\) and inserting the following:

“\(a\) In General.—

“\(1\) Limited liability.—Except as provided in subsection

\(b\), a civil claim or criminal charge described in paragraph

\(2\) may not be brought in any Federal or State court.

“\(2\) Covered claims and charges.—A civil claim or

criminal charge referred to in paragraph \(1\) is a civil claim

or criminal charge against a provider or domain name

registrar, including any director, officer, employee, or

agent of such provider or domain name registrar, that is

directly attributable to—

“\(A\) the performance of the reporting or preservation

responsibilities of such provider or domain name registrar

under this section, section 2258A, or section 2258C;

“\(B\) transmitting, distributing, or mailing child

pornography to any Federal, State, or local law enforcement

agency, or giving such agency access to child pornography, in

response to a search warrant, court order, or other legal

process issued or obtained by such agency; or

“\(C\) the use by the provider or domain name registrar of

any material being preserved under section 2258A\(h\) by such

provider or registrar for research and the development and

training of tools, undertaken voluntarily and in good faith

for the sole and exclusive purpose of—

“\(i\) improving or facilitating reporting under this

section, section 2258A, or section 2258C; or

“\(ii\) stopping the online sexual exploitation of

children.”; and

\(B\) in subsection \(b\)—

\(i\) in paragraph \(1\), by striking “; or” and inserting

“or knowingly failed to comply with a requirement under

section 2258A;”;

\(ii\) in paragraph \(2\)\(C\)—

\(I\) by striking “sections” and inserting “this section

or section”; and

\(II\) by striking the period and inserting “; or”; and

\(iii\) by adding at the end the following:

“\(3\) for purposes of subsection \(a\)\(2\)\(C\), knowingly

distributed or transmitted the material, or made the material

available, except as required by law, to—

“\(A\) any other entity;

“\(B\) any person not employed by the provider or domain

name registrar; or

“\(C\) any person employed by the provider or domain name

registrar who is not conducting any research described in

that subsection.”;

\(3\) in section 2258C—

\(A\) in the section heading, by striking “the

CyberTipline” and inserting “NCMEC”;

\(B\) in subsection \(a\)—

\(i\) in the subsection heading, by striking “Elements” and

inserting “Information Sharing With Providers and Entities

for the Purposes of Preventing and Curtailing the Online

Sexual Exploitation of Children”;

\(ii\) in paragraph \(1\)—

\(I\) by striking “to a provider” and inserting the

following: “or submission to the Child Victim Identification

Program to—

“\(A\) a provider”;

\(II\) in subparagraph \(A\), as so designated—

\(aa\) by inserting “use of the provider's products or

services to commit” after “stop the”; and

\(bb\) by striking the period at the end and inserting “;

or”; and

\(III\) by adding at the end the following:

“\(B\) an entity for the sole and exclusive purpose of

preventing and curtailing the online sexual exploitation of

children.”; and

\(iii\) in paragraph \(2\)—

\(I\) in the heading, by striking “Inclusions” and

inserting “Elements”;

\(II\) by striking “unique identifiers” and inserting

“similar technical identifiers”;

\(III\) by inserting “or content, elements, or reported

materials,” after “visual depiction,”;

\(IV\) by inserting a comma after “location”;

\(V\) by striking “and any other elements”; and

\(VI\) by inserting “or submission to the Child Victim

Identification Program” after “CyberTipline report”;

\(C\) in subsection \(b\)—

\(i\) in the heading, by inserting “or Entities” after

“Providers”;

\(ii\) by striking “Any provider” and inserting the

following:

“\(1\) In general.—Any provider or entity”;

\(iii\) in paragraph \(1\), as so designated—

\(I\) by striking “receives” and inserting “obtains”; and

\(II\) by inserting “or submission to the Child Victim

Identification Program” after “CyberTipline report”; and

\(iv\) by adding at the end the following:

“\(2\) Limitation on sharing with other entities.—A

provider or entity that obtains elements under subsection

\(a\)\(1\) may not distribute those elements, or make those

elements available, to any other entity, except for the sole

and exclusive purpose of curtailing, preventing, or stopping

the online sexual exploitation of children.”;

\(D\) in subsection \(c\)—

\(i\) by striking “subsections” and inserting

“subsection”;

\(ii\) by striking “providers receiving” and inserting “a

provider or entity to obtain”;

\(iii\) by inserting “or submission to the Child Victim

Identification Program” after “CyberTipline report”; and

\(iv\) by striking “to use the elements to stop the online

sexual exploitation of children”; and

\(E\) in subsection \(d\), by inserting “or to the Child

Victim Identification Program” after “CyberTipline”;

\(4\) in section 2258E—

\(A\) in paragraph \(6\), by striking “electronic

communication service provider” and inserting “electronic

communication service”;

\(B\) in paragraph \(7\), by striking “and” at the end;

\(C\) in paragraph \(8\), by striking the period at the end and

inserting a semicolon; and

\(D\) by adding at the end the following:

“\(9\) the term \`publicly available', with respect to a

visual depiction on a provider's service, means the visual

depiction can be viewed by or is accessible to all users of

the service, regardless of the steps, if any, a user must

take to create an account or to gain access to the service in

order to access or view the visual depiction; and

“\(10\) the term \`Child Victim Identification Program' means

the program described in section 404\(b\)\(1\)\(K\)\(ii\) of the

Juvenile Justice and Delinquency Prevention Act of 1974 \(34

U.S.C. 11293\(b\)\(1\)\(K\)\(ii\)\).”;

\(5\) in section 2259B\(a\), by inserting “, any fine or

penalty collected under section 2258A\(e\),” after “2259A”;

and

\(6\) by adding at the end the following:

“Sec. 2260B. Liability for certain child sexual exploitation

offenses

“\(a\) Offense.—It shall be unlawful for a provider of an

interactive computer service,

as that term is defined in section 230 of the Communications

Act of 1934 \(47 U.S.C. 230\), that operates through the use of

any facility or means of interstate or foreign commerce or in

or affecting interstate or foreign commerce, through such

service to—

“\(1\) intentionally host or store child pornography or make

child pornography available to any person; or

“\(2\) knowingly promote or facilitate a violation of

section 2251, 2251A, 2252, 2252A, or 2422\(b\).

“\(b\) Penalty.—A provider of an interactive computer

service that violates subsection \(a\)—

“\(1\) subject to paragraph \(2\), shall be fined not more

than $1,000,000; and

“\(2\) if the offense involves a conscious or reckless risk

of serious personal injury or an individual is harmed as a

direct and proximate result of the violation, shall be fined

not more than $5,000,000.

“\(c\) Rule of Construction.—Nothing in this section shall

be construed to apply to any good faith action by a provider

of an interactive computer service that is necessary to

comply with a valid court order, subpoena, search warrant,

statutory obligation, or preservation request from law

enforcement.”.

\(b\) Clerical Amendment.—The table of sections for chapter

110 of title 18, United States Code, is amended by adding at

the end the following:

“2260B. Liability for certain child sexual exploitation offenses.”.

\(c\) Effective Date for Amendments to Reporting Requirements

of Providers.—The amendments made by subsection \(a\)\(1\) of

this section shall take effect on the date that is 120 days

after the date of enactment of this Act.

SEC. 1705. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE

CHILD SEXUAL EXPLOITATION.

\(a\) Statement of Intent.—Nothing in this section shall be

construed to abrogate or narrow any case law concerning

section 2255 of title 18, United States Code.

\(b\) Civil Remedy for Personal Injuries.—Section 2255\(a\) of

title 18, United States Code, is amended—

\(1\) by striking “In General.—Any person who, while a

minor, was a victim of a violation of section 1589, 1590,

1591, 2241\(c\), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,

2421, 2422, or 2423 of this title and who suffers personal

injury as a result of such violation, regardless of whether

the injury occurred while such person was a minor, may sue”

and inserting the following: “Private Right of Action.—

“\(1\) In general.—Any person described in subparagraph

\(A\), \(B\), or \(C\) of paragraph \(2\) who suffers personal injury

as a result of a violation described in that subparagraph,

regardless of whether the injury occurred while such person

was a minor, may bring a civil action”; and

\(2\) by adding at the end the following:

“\(2\) Eligible persons.—Paragraph \(1\) shall apply to any

person—

“\(A\) who, while a minor, was a victim of—

“\(i\) a violation of section 1589, 1590, 1591, 2241, 2242,

2243, 2251, 2251A, 2260\(a\), 2421, 2422, or 2423;

“\(ii\) an attempt to violate section 1589, 1590, or 1591

under section 1594\(a\);

“\(iii\) a conspiracy to violate section 1589 or 1590 under

section 1594\(b\); or

“\(iv\) a conspiracy to violate section 1591 under section

1594\(c\);

“\(B\) who—

“\(i\) is depicted as a minor in child pornography; and

“\(ii\) is a victim of a violation of 2252, 2252A, or

2260\(b\) \(regardless of when the violation occurs\); or

“\(C\) who—

“\(i\) is depicted as an identifiable minor in a visual

depiction described in section 1466A; and

“\(ii\) is a victim of a violation of that section

\(regardless of when the violation occurs\).”.

\(c\) Civil Remedy Against Online Platforms and App Stores.—

\(1\) In general.—Chapter 110 of title 18, United States

Code, is amended by inserting after section 2255 the

following:

“Sec. 2255A. Additional remedy for certain victims of child

pornography or child sexual exploitation

“\(a\) In General.—

“\(1\) Promotion or aiding and abetting of certain

violations.—Any person who is a victim of the intentional,

knowing, or reckless promotion, or aiding and abetting, of a

violation of section 1591 or 1594\(c\) \(involving a minor\), or

section 2251, 2251A, 2252, 2252A, or 2422\(b\), where such

promotion, or aiding and abetting, is by a provider of an

interactive computer service or an app store, and who suffers

personal injury as a result of such promotion or aiding and

abetting, regardless of when the injury occurred, may bring a

civil action in any appropriate United States District Court

for relief set forth in subsection \(b\).

“\(2\) Activities involving child pornography.—Any person

who is a victim of the intentional, knowing, or reckless

hosting or storing of child pornography or making child

pornography available to any person by a provider of an

interactive computer service, and who suffers personal injury

as a result of such hosting, storing, or making available,

regardless of when the injury occurred, may bring a civil

action in any appropriate United States District Court for

relief set forth in subsection \(b\).

“\(b\) Relief.—In a civil action brought by a person under

subsection \(a\)—

“\(1\) the person shall recover the actual damages the

person sustains or liquidated damages in the amount of

$300,000, and the cost of the action, including reasonable

attorney fees and other litigation costs reasonably incurred;

and

“\(2\) the court may, in addition to any other relief

available at law, award punitive damages and such other

preliminary and equitable relief as the court determines to

be appropriate, including a temporary restraining order, a

preliminary injunction, or a permanent injunction ordering

the defendant to cease the offending conduct.

“\(c\) Statute of Limitations.—There shall be no time limit

for the filing of a complaint commencing an action under

subsection \(a\).

“\(d\) Venue; Service of Process.—

“\(1\) Venue.—Any action brought under subsection \(a\) may

be brought in the district court of the United States that

meets applicable requirements relating to venue under section

1391 of title 28.

“\(2\) Service of process.—In an action brought under

subsection \(a\), process may be served in any district in

which the defendant—

“\(A\) is an inhabitant; or

“\(B\) may be found.

“\(e\) Relation to Section 230 of the Communications Act of

1934.—Nothing in section 230 of the Communications Act of

1934 \(47 U.S.C. 230\) shall be construed to impair or limit

any claim brought under subsection \(a\).

“\(f\) Rules of Construction.—

“\(1\) Applicability to legal process or obligation.—

Nothing in this section shall be construed to apply to any

good faith action that is necessary to comply with a valid

court order, subpoena, search warrant, statutory obligation,

or preservation request from law enforcement.

“\(2\) Application of section 2258b.—A civil action brought

under subsection \(a\) shall be subject to section 2258B.

“\(g\) Encryption Technologies.—

“\(1\) In general.—None of the following actions or

circumstances shall serve as an independent basis for

liability under subsection \(a\):

“\(A\) Utilizing full end-to-end encrypted messaging

services, device encryption, or other encryption services.

“\(B\) Not possessing the information necessary to decrypt a

communication.

“\(C\) Failing to take an action that would otherwise

undermine the ability to offer full end-to-end encrypted

messaging services, device encryption, or other encryption

services.

“\(2\) Consideration of evidence.—Evidence of actions or

circumstances described in paragraph \(1\) shall be admissible

in a civil action brought under subsection \(a\) if—

“\(A\) the actions or circumstances are relevant under rules

401 and 402 of the Federal Rules of Evidence to—

“\(i\) prove motive, intent, preparation, plan, absence of

mistake, or lack of accident; or

“\(ii\) rebut any evidence or factual or legal claim; and

“\(B\) the actions or circumstances—

“\(i\) are otherwise admissible under the Federal Rules of

Evidence; and

“\(ii\) are not subject to exclusion under rule 403 or any

other rule of the Federal Rules of Evidence.

“\(3\) No effect on discovery.—Nothing in paragraph \(1\) or

\(2\) shall be construed to create a defense to a discovery

request or otherwise limit or affect discovery in any civil

action brought under subsection \(a\).

“\(h\) Defense.—In a civil action under subsection \(a\)\(2\)

involving knowing or reckless conduct, it shall be a defense

at trial, which the provider of an interactive computer

service must establish by a preponderance of the evidence as

determined by the finder of fact, that—

“\(1\) the provider disabled access to or removed the child

pornography within a reasonable timeframe, and in any event

not later than 48 hours after obtaining knowledge that the

child pornography was being hosted, stored, or made available

by the provider \(or, in the case of a provider that, for the

most recent calendar year, averaged fewer than 10,000,000

active users on a monthly basis in the United States, within

a reasonable timeframe, and in any event not later than 2

business days after obtaining such knowledge\);

“\(2\) the provider exercised a reasonable, good faith

effort to disable access to or remove the child pornography

but was unable to do so for reasons outside the provider's

control; or

“\(3\) it is technologically impossible for the provider to

disable access to or remove the child pornography without

compromising encryption technologies.

“\(i\) Sanctions for Repeated Bad Faith Civil Actions or

Defenses.—

“\(1\) Definitions.—In this subsection:

“\(A\) Bad faith civil action.—The term \`bad faith civil

action' means a civil action brought under subsection \(a\) in

bad faith where the finder of fact determines that at the

time the civil action was filed, the party, attorney, or law

firm described in paragraph \(2\) had actual knowledge that—

“\(i\) the alleged conduct did not involve any minor; or

“\(ii\) the alleged child pornography did not depict—

“\(I\) any minor; or

“\(II\) sexually explicit conduct, sexual suggestiveness,

full or partial nudity, or implied sexual activity.

“\(B\) Bad faith defense.—The term \`bad faith defense'

means a defense in a civil action brought under subsection

\(a\) raised in bad faith where the finder of fact determines

that at the time the defense was raised, the party, attorney,

or law firm described in paragraph \(3\) had actual knowledge

that the defense—

“\(i\) was made solely for the purpose of delaying the civil

action or increasing the costs of the civil action; or

“\(ii\) was objectively baseless in light of the applicable

law or facts at issue.

“\(2\) Bad faith civil action.—In the case of a civil

action brought under subsection \(a\), the court may impose

sanctions on—

“\(A\) the party bringing the civil action if the court

finds that the party has brought 2 or more bad faith civil

actions \(which may include the instant civil action\); or

“\(B\) an attorney or law firm representing the party

bringing the civil action if the court finds that the

attorney or law firm has represented—

“\(i\) a party who has brought 2 or more bad faith civil

actions \(which may include the instant civil action\); or

“\(ii\) 2 or more parties who have each brought a bad faith

civil action \(which may include the instant civil action\).

“\(3\) Bad faith defense.—In the case of a civil action

brought under subsection \(a\), the court may impose sanctions

on—

“\(A\) the party defending the civil action if the court

finds that the party has raised 2 or more bad faith defenses

\(which may include 1 or more defenses raised in the instant

civil action\); or

“\(B\) an attorney or law firm representing the party

defending the civil action if the court finds that the

attorney or law firm has represented—

“\(i\) a party who has raised 2 or more bad faith defenses

\(which may include 1 or more defenses raised in the instant

civil action\); or

“\(ii\) 2 or more parties who have each raised a bad faith

defense \(which may include a defense raised in the instant

civil action\).

“\(4\) Implementation.—Rule 11\(c\) of the Federal Rules of

Civil Procedure shall apply to sanctions imposed under this

subsection in the same manner as that rule applies to

sanctions imposed for a violation of rule 11\(b\) of those

Rules.

“\(5\) Rules of construction.—

“\(A\) Rule 11.—This subsection shall not be construed to

limit or expand the application of rule 11 of the Federal

Rules of Civil Procedure.

“\(B\) Definition change.—Paragraph \(1\)\(A\)\(ii\) shall not be

construed to apply to a civil action affected by a

contemporaneous change in the law with respect to the

definition of \`child pornography'.

“\(j\) Definitions.—In this section:

“\(1\) App.—The term \`app' means a software application or

electronic service that may be run or directed by a user on a

computer, a mobile device, or any other general purpose

computing device.

“\(2\) App store.—The term \`app store' means a publicly

available website, software application, or other electronic

service that—

“\(A\) distributes apps from third-party developers to users

of a computer, a mobile device, or any other general purpose

computing device; and

“\(B\) operates—

“\(i\) through the use of any means or facility of

interstate or foreign commerce; or

“\(ii\) in or affecting interstate or foreign commerce.

“\(3\) Interactive computer service.—The term \`interactive

computer service' means an interactive computer service, as

defined in section 230\(f\) of the Communications Act of 1934

\(47 U.S.C. 230\(f\)\), that operates—

“\(A\) through the use of any means or facility of

interstate or foreign commerce; or

“\(B\) in or affecting interstate or foreign commerce.

“\(k\) Savings Clause.—Nothing in this section, including

the defenses under this section, shall be construed to apply

to any civil action brought under any other Federal law,

rule, or regulation, including any civil action brought

against a provider of an interactive computer service or an

app store under section 1595 or 2255.”.

\(2\) Clerical amendment.—The table of sections for chapter

110 of title 18, United States Code, is amended by inserting

after the item relating to section 2255 the following:

“2255A. Additional remedy for certain victims of child pornography or

child sexual exploitation.”.

SEC. 1706. SEVERABILITY.

If any provision of this subtitle, an amendment made by

this subtitle, or the application of such provision or

amendment to any person or circumstance is held to be

unconstitutional, the remainder of this subtitle and the

amendments made by this subtitle, and the application of the

provision or amendment to any other person or circumstance,

shall not be affected.

SEC. 1707. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND

TRIBAL LAW.

\(a\) Federal Law.—Nothing in this subtitle or the

amendments made by this subtitle, nor any rule or regulation

issued pursuant to this subtitle or the amendments made by

this subtitle, shall affect or diminish any right or remedy

for a victim of child pornography or child sexual

exploitation under any other Federal law, rule, or

regulation, including any claim under section 2255 of title

18, United States Code, with respect to any individual or

entity.

\(b\) State or Tribal Law.—Nothing in this subtitle or the

amendments made by this subtitle, nor any rule or regulation

issued pursuant to this subtitle or the amendments made by

this subtitle, shall—

\(1\) preempt, diminish, or supplant any right or remedy for

a victim of child pornography or child sexual exploitation

under any State or Tribal common or statutory law; or

\(2\) prohibit the enforcement of a law governing child

pornography or child sexual exploitation that is at least as

protective of the rights of a victim as this subtitle and the

amendments made by this subtitle.

Subtitle B—DEFIANCE Act of 2026

SEC. 1711. SHORT TITLE.

This subtitle may be cited as the “Disrupt Explicit Forged

Images And Non-Consensual Edits Act of 2026” or the

“DEFIANCE Act of 2026”.

SEC. 1712. FINDINGS.

Congress finds the following:

\(1\) Digital forgeries, often called deepfakes, are

synthetic images and videos that look realistic. The

technology to create digital forgeries is now ubiquitous and

easy to use. Hundreds of apps are available that can quickly

generate digital forgeries without the need for any technical

expertise.

\(2\) Digital forgeries can be wholly fictitious but can also

manipulate images of real people to depict sexually intimate

conduct that did not occur. For example, some digital

forgeries will paste the face of an individual onto the body

of a real or fictitious individual who is nude or who is

engaging in sexual activity. Another example is a photograph

of an individual that is manipulated to digitally remove the

clothing of the individual so that the person appears to be

nude.

\(3\) The individuals depicted in such digital forgeries are

profoundly harmed when the content is produced with intent to

disclose, disclosed, or obtained without the consent of those

individuals. These harms are not mitigated through labels or

other information that indicates that the depiction is fake.

\(4\) It can be destabilizing to victims whenever those

victims are depicted in intimate digital forgeries against

their will, as the privacy of those victims is violated and

the victims lose control over their likeness and identity.

\(5\) Victims can feel helpless because the victims—

\(A\) may not be able to determine who has created the

content; and

\(B\) do not know how to prevent further disclosure of the

intimate digital forgery or how to prevent more forgeries

from being made.

\(6\) Victims may be fearful of being in public out of

concern that individuals the victims encounter have seen the

digital forgeries. This leads to social rupture through the

loss of the ability to trust, stigmatization, and isolation.

\(7\) Victims of non-consensual, sexually intimate digital

forgeries may experience depression, anxiety, and suicidal

ideation. These victims may also experience the “silencing

effect” in which the victims withdraw from online spaces and

public discourse to avoid further abuse.

\(8\) Digital forgeries are often used to—

\(A\) harass victims, interfering with their employment,

education, reputation, or sense of safety; or

\(B\) commit extortion, sexual assault, domestic violence,

and other crimes.

\(9\) Because of the harms caused by non-consensual, sexually

intimate digital forgeries, such digital forgeries are

considered to be a form of image-based sexual abuse.

SEC. 1713. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE

IMAGES.

\(a\) Definitions.—Section 1309 of the Consolidated

Appropriations Act, 2022 \(15 U.S.C. 6851\) is amended—

\(1\) in the section heading, by inserting “or nonconsensual

activity involving digital forgeries” after “intimate

images”; and

\(2\) in subsection \(a\)—

\(A\) in paragraph \(2\), by inserting “competent,” after

“conscious,”;

\(B\) by striking paragraph \(3\);

\(C\) by redesignating paragraph \(4\) as paragraph \(3\);

\(D\) by redesignating paragraphs \(5\) and \(6\) as paragraphs

\(6\) and \(7\), respectively;

\(E\) by inserting after paragraph \(3\) the following:

“\(4\) Identifiable individual.—The term \`identifiable

individual' means an individual whose body appears in whole

or in part in an intimate visual depiction or intimate

digital forgery and who is identifiable by virtue of the

individual's face, likeness, or other distinguishing

characteristic, such as a unique birthmark or other

recognizable feature, or from information displayed in

connection with the intimate visual depiction or intimate

digital forgery.

“\(5\) Intimate digital forgery.—

“\(A\) In general.—The term \`intimate digital forgery'

means any intimate visual depiction of an identifiable

individual that—

“\(i\) falsely represents, in whole or in part—

“\(I\) the identifiable individual; or

“\(II\) the conduct or content that makes the visual

depiction intimate;

“\(ii\) is created through the use of software, machine

learning, artificial intelligence, or any other computer-

generated or technological means, including by adapting,

modifying, manipulating, or altering an authentic visual

depiction; and

“\(iii\) is indistinguishable from an authentic visual

depiction of the identifiable individual when viewed as a

whole by a reasonable person.

“\(B\) Labels, disclosure, and context.—Any visual

depiction described in subparagraph \(A\) constitutes an

intimate digital forgery for purposes of this paragraph

regardless of whether a label, information disclosed with the

visual depiction, or the context or setting in which the

visual depiction is disclosed states or implies that the

visual depiction is not authentic.”; and

\(F\) in paragraph \(6\)\(A\), as so redesignated—

\(i\) in clause \(i\), by striking “or” at the end;

\(ii\) in clause \(ii\)—

\(I\) in subclause \(I\), by striking “individual;” and

inserting “individual; or”; and

\(II\) by striking subclause \(III\); and

\(iii\) by adding at the end the following:

“\(iii\) an identifiable individual engaging in sexually

explicit conduct; and”.

\(b\) Civil Action.—Section 1309\(b\) of the Consolidated

Appropriations Act, 2022 \(15 U.S.C. 6851\(b\)\) is amended—

\(1\) in paragraph \(1\)—

\(A\) by striking subparagraph \(A\) and inserting the

following:

“\(A\) In general.—Except as provided in paragraph \(5\)—

“\(i\) an identifiable individual whose intimate visual

depiction is disclosed, in or affecting interstate or foreign

commerce or using any means or facility of interstate or

foreign commerce, without the consent of the identifiable

individual, where such disclosure was made by a person who

knows or recklessly disregards that the identifiable

individual has not consented to such disclosure, may bring a

civil action against that person in an appropriate district

court of the United States for relief as set forth in

paragraph \(3\);

“\(ii\) an identifiable individual who is the subject of an

intimate digital forgery may bring a civil action in an

appropriate district court of the United States for relief as

set forth in paragraph \(3\) against any person that knowingly

produced or possessed the intimate digital forgery with

intent to disclose it, knowingly disclosed the intimate

digital forgery, or knowingly solicited and received the

intimate digital forgery, if—

“\(I\) the identifiable individual did not consent to such

production or possession with intent to disclose, disclosure,

or solicitation and receipt;

“\(II\) the person knew or recklessly disregarded that the

identifiable individual did not consent to such production or

possession with intent to disclose, disclosure, or

solicitation and receipt; and

“\(III\) such production or possession with intent to

disclose, disclosure, or solicitation and receipt, is in or

affects interstate or foreign commerce or uses any means or

facility of interstate or foreign commerce; and

“\(iii\) an identifiable individual who is the subject of an

intimate digital forgery may bring a civil action in an

appropriate district court of the United States for relief as

set forth in paragraph \(3\) against any person that knowingly

produced the intimate digital forgery if—

“\(I\) the identifiable individual did not consent to such

production;

“\(II\) the person knew or recklessly disregarded that the

identifiable individual—

“\(aa\) did not consent to such production; and

“\(bb\) was harmed, or was reasonably likely to be harmed,

by the production; and

“\(III\) such production is in or affects interstate or

foreign commerce or uses any means or facility of interstate

or foreign commerce.”; and

\(B\) in subparagraph \(B\)—

\(i\) in the subparagraph heading, by inserting

“identifiable” before “individuals”; and

\(ii\) by striking “an individual who is under 18 years of

age, incompetent, incapacitated, or deceased, the legal

guardian of the individual” and inserting “an identifiable

individual who is under 18 years of age, incompetent,

incapacitated, or deceased, the legal guardian of the

identifiable individual”;

\(2\) in paragraph \(2\)—

\(A\) in subparagraph \(A\)—

\(i\) by inserting “identifiable” before “individual”;

\(ii\) by striking “depiction” and inserting “intimate

visual depiction or intimate digital forgery”; and

\(iii\) by striking “distribution” and inserting

“disclosure, solicitation, or possession”; and

\(B\) in subparagraph \(B\)—

\(i\) by inserting “identifiable” before “individual”;

\(ii\) by inserting “or intimate digital forgery” after

“depiction” each place it appears; and

\(iii\) by inserting “, solicitation, or possession” after

“disclosure”;

\(3\) by redesignating paragraph \(4\) as paragraph \(5\);

\(4\) by striking paragraph \(3\) and inserting the following:

“\(3\) Relief.—

“\(A\) In general.—In a civil action filed under this

section, an identifiable individual may recover—

“\(i\) damages as provided under subparagraph \(C\); and

“\(ii\) the cost of the action, including reasonable

attorney fees and other litigation costs reasonably incurred.

“\(B\) Punitive damages and other relief.—The court may, in

addition to any other relief available at law, award punitive

damages or order equitable relief, including a temporary

restraining order, a preliminary injunction, or a permanent

injunction ordering the defendant to delete, destroy, or

cease to display or disclose the intimate visual depiction or

intimate digital forgery.

“\(C\) Damages.—For purposes of subparagraph \(A\)\(i\), the

identifiable individual may recover—

“\(i\) liquidated damages in the amount of—

“\(I\) $150,000; or

“\(II\) $250,000 if the conduct at issue in the claim was—

“\(aa\) committed in relation to actual or attempted sexual

assault, stalking, or harassment of the identifiable

individual by the defendant; or

“\(bb\) the direct and proximate cause of actual or

attempted sexual assault, stalking, or harassment of the

identifiable individual by any person; or

“\(ii\) actual damages sustained by the individual, which

shall include any profits of the defendant that are

attributable to the conduct at issue in the claim that are

not otherwise taken into account in computing the actual

damages.

“\(D\) Calculation of defendant's profit.—For purposes of

subparagraph \(C\)\(ii\), to establish the defendant's profits,

the identifiable individual shall be required to present

proof only of the gross revenue of the defendant, and the

defendant shall be required to prove the deductible expenses

of the defendant and the elements of profit attributable to

factors other than the conduct at issue in the claim.

“\(4\) Preservation of privacy.—In a civil action filed

under this section, the court may issue an order to protect

the privacy of a plaintiff, including by—

“\(A\) permitting the plaintiff to use a pseudonym;

“\(B\) requiring the parties to redact the personal

identifying information of the plaintiff from any public

filing, or to file such documents under seal; and

“\(C\) issuing a protective order for purposes of discovery,

which may include an order indicating that any intimate

visual depiction or intimate digital forgery shall remain in

the care, custody, and control of the court.”;

\(5\) in paragraph \(5\)\(A\), as so redesignated—

\(A\) by striking “image” and inserting “visual depiction

or intimate digital forgery”; and

\(B\) by striking “depicted” and inserting

“identifiable”; and

\(6\) by adding at the end the following:

“\(6\) Statute of limitations.—Any action commenced under

this section shall be barred unless the complaint is filed

not later than 10 years from the later of—

“\(A\) the date on which the identifiable individual

reasonably discovers the violation that forms the basis for

the claim; or

“\(B\) the date on which the identifiable individual reaches

18 years of age.

“\(7\) Duplicative recovery barred.—No relief may be

ordered under paragraph \(3\) against a person who is subject

to a judgment under section 2255 of title 18, United States

Code, for the same conduct involving the same identifiable

individual and the same intimate visual depiction or intimate

digital forgery.”.

\(c\) Continued Applicability of Federal, State, and Tribal

Law.—

\(1\) In general.—This subtitle shall not be construed to

impair, supersede, or limit a provision of Federal, State, or

Tribal law.

\(2\) No preemption.—Nothing in this subtitle shall prohibit

a State or Tribal government from adopting and enforcing a

provision of law governing disclosure of intimate images or

nonconsensual activity involving an intimate digital forgery,

as defined in section 1309\(a\) of the Consolidated

Appropriations Act, 2022 \(15 U.S.C. 6851\(a\)\), as amended by

this subtitle, that is at least as protective of the rights

of a victim as this subtitle.

SEC. 1714. SEVERABILITY; RULE OF CONSTRUCTION.

\(a\) Severability.—If any provision of this subtitle, an

amendment made by this subtitle, or the application of such a

provision or amendment to any person or circumstance, is held

to be unconstitutional, the remaining provisions of and

amendments made by this subtitle, and the application of the

provision or amendment held to be unconstitutional to any

other person or circumstance, shall not be affected thereby.

\(b\) Rule of Construction.—Nothing in this subtitle, or an

amendment made by this subtitle, shall be construed to limit

or expand any law pertaining to intellectual property.

SA 6018. Mrs. MOODY submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H—Space Ready Act

SEC. 1094. SHORT TITLE.

This subtitle may be cited as the “Space Ready Act”.

SEC. 1095. DEFINITIONS.

In this subtitle:

\(1\) Administration.—The term “Administration” means the

National Aeronautics and Space Administration.

\(2\) Administrator.—The term “Administrator” means the

Administrator of the National Aeronautics and Space

Administration.

\(3\) Common use infrastructure.—The term “common use

infrastructure”—

\(A\) means any infrastructure that benefits 1 or more NASA

Center users;

\(B\) includes roadways and commodities pipelines and

portions of roadways and commodities pipelines; and

\(C\) does not include any infrastructure that solely

benefits the National Aeronautics and Space Administration.

\(4\) NASA.—The term “NASA” means the National Aeronautics

and Space Administration.

\(5\) Project.—The term “project” means any work performed

in support of a common activity or infrastructure effort

under 1 or more common use infrastructure agreements entered

into pursuant to this subtitle, regardless of whether such

work is conducted pursuant to a single agreement or multiple

separate agreements with different commercial entities.

SEC. 1096. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT

NASA CENTERS.

\(a\) Pilot Program.—The Administrator may conduct a pilot

program for private and public investment in specific

infrastructure projects at 1 or more NASA Centers.

\(b\) Agreements in Support of Common Use Infrastructure

Projects.—

\(1\) Funding.—

\(A\) Voluntary infrastructure contributions.—The

Administrator may enter into agreements under section

20113\(e\) of title 51, United States Code, involving

transactions that support public and commercial activities at

1 or more NASA Centers, and such agreements may include the

authority to collect voluntary infrastructure contributions

to fund specific capital repair, maintenance, and improvement

projects described in paragraph \(2\).

\(B\) Transparency.—

\(i\) Cost and schedule estimates.—In any agreement that

includes the means for voluntary contributions described in

this section, the Administrator shall establish a reasonable

cost and schedule baseline for each project.

\(ii\) Project completion.—At the conclusion of each

designated project, the Administrator shall provide each

contributing commercial entity with a final project cost,

including a breakdown of cost sharing between government and

commercial entities.

\(C\) Project costs and timelines.—The Administrator shall—

\(i\) to the maximum extent practicable, ensure that the

projects described in this section are completed within the

cost estimates and timelines established under subparagraph

\(B\)\(i\); and

\(ii\) exercise streamlined acquisition procedures to the

maximum extent allowed by law.

\(D\) Cost-sharing.—The Administrator shall ensure that any

agreement entered into with a commercial entity under

subparagraph \(A\) provides that, at the conclusion of the

project, any funds contributed by the commercial entity that

remain unexpended shall be returned to such entity in

proportion to the amount originally contributed by the

partner.

\(E\) Nonconditioning of agreements.—The Administrator shall

not withhold execution of any agreement under section

20113\(e\) of title 51, United States Code, or deny a lease or

other authorization for commercial activities on the basis of

a failure to reach agreement on the amount or terms of

contributions described in this section.

\(F\) Requirements with respect to agreements.—Each

agreement entered into with a commercial entity under

subparagraph \(A\) shall, on a case-by-case basis—

\(i\) address the terms of use, ownership, and disposition of

the funds, services, or equipment contributed pursuant to the

agreement;

\(ii\) include a provision that the commercial entity will

not recover the costs of its contribution through any other

agreement with the United States; and

\(iii\) include a provision that mutually determines which

entity covers costs in the event of cost overruns or project

delays.

\(G\) CECR funds.—

\(i\) In general.—Subject to the availability of

appropriations, the Administrator is authorized to use

amounts otherwise made available within the Construction and

Environmental Compliance and Restoration account to fulfill

the obligations entered into by the Administrator under

agreements pursuant to this section.

\(ii\) Receipt of funds.—Amounts received by the

Administrator pursuant to agreements entered into under

subparagraph \(A\) shall be credited to and merged with the

Construction and Environmental Compliance and Restoration

account and shall be available subject to the same terms and

conditions as amounts appropriated to that account.

\(H\) Contributions from other entities.—The Administrator

may enter into agreements for voluntary contributions from

other entities, including Federal, State, or local

authorities, for the purpose of funding projects.

\(I\) Direct agreements.—

\(i\) Rule of construction.—Nothing in this subtitle may be

construed to restrict the Administrator from entering into

direct agreements under section 20113\(e\) of title 51, United

States Code, with entities to perform work within a NASA

Center separate from the activities funded through projects.

\(ii\) Prioritization.—The Administrator shall prioritize

such direct agreements in instances in which required work

would be completed more expeditiously or at a lower cost than

through the pilot program described in this section.

\(iii\) Direct contributions.—The Administrator may make

direct financial or in-kind contributions to projects

undertaken by commercial entities under agreements entered

into under clause \(i\), as the Administrator considers

appropriate to support common use infrastructure at a NASA

Center.

\(2\) Use of funds.—

\(A\) In general.—Contributions proffered by entities under

agreements in support of projects shall be used by the

Administrator to conduct capital repairs, maintenance, and

improvements to NASA-owned infrastructure at a NASA Center,

as the Administrator considers necessary to support

activities conducted under agreements entered into under

section 20113\(e\) of title 51, United States Code, which may

include renovation, rehabilitation, sustainment, demolition,

construction, operation, maintenance, repair, enhancement,

expansion, and modernization of NASA-owned infrastructure at

a NASA Center.

\(B\) Consultation.—The Administrator shall consult and

partner with other Federal, State, and local public

entities—

\(i\) to ensure that such projects are not duplicative; and

\(ii\) to identify opportunities for projects to provide

increased capability or capacity to users.

\(C\) Treatment of improvements.—Improvements made to NASA-

owned infrastructure at a NASA Center with amounts made

available under a voluntary agreements under this section

shall be property of the United States, unless the

Administrator determines that transferring ownership of such

improvements would be in the best interests of the United

States.

\(D\) Unexpended contributions.—For any voluntary

contributions from a commercial entity designated to a

specific project that are not fully expended on that project

within 90 days of the project becoming operational, the

Administrator shall, at the election of the contributing

commercial entity—

\(i\) refund the unexpended portion to the entity; or

\(ii\) allow the commercial entity to redesignate the funds

to another eligible project under this subsection.

\(3\) Annual report.—Not later than 180 days after the date

of the enactment of this Act, and annually thereafter, the

Administrator 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 projects conducted under this

section that includes the following:

\(A\) For the preceding calendar year, the total amount of

expenditures on projects by NASA and industry.

\(B\) The proposed uses of amounts contributed by NASA and

industry for the operating plans of the Administration.

\(C\) Additional recommendations for efforts to streamline or

reduce costs for each agreed upon project described in this

section.

\(4\) Updates.—Not less frequently than every 2 years, the

Administrator, in collaboration with commercial entities,

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 interim

milestone updates relating to the pilot program under this

section.

\(5\) Termination.—

\(A\) In general.—The authority to collect voluntary

contributions under paragraph \(1\)\(A\) shall terminate on

December 31, 2031.

\(B\) Rule of construction.—The termination under

subparagraph \(A\) of the authority to collect voluntary

contributions may not be construed to otherwise affect the

validity or terms of agreements under section 20113\(e\) of

title 51, United States Code, or the retention or use by the

Administration of proceeds from such agreements.

\(6\) Prohibition on new budget authority.—Nothing in this

subtitle may be construed to provide new budget authority to

incur obligations in advance of appropriations.

SA 6019. Mr. BENNET \(for himself and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military 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 G of title X, insert

the following:

SEC. \_\_. PROHIBITION ON EXPANSION OF THE MID-CONTINENT

LIMESTONE QUARRY.

The Secretary of the Interior shall not approve any

application for the expansion of existing mineral operations

located on any mining or mill site claim located under the

general mining laws, or for any mineral material sales

contract or application under the

Act of July 31, 1947 \(commonly known as the “Materials Act

of 1947”\) \(61 Stat. 681, chapter 406; 30 U.S.C. 601 et seq.\)

or the Act of July 23, 1955 \(commonly known as the “Surface

Resources Act of 1955”\) \(69 Stat. 367, chapter 375; 30

U.S.C. 611 et seq.\), for limestone on land managed by the

Bureau of Land Management that is located in whole or in part

within the Southeast Quarter of Section 36, Township 5 South,

Range 89 West, 6th Principal Meridian, Garfield County,

Colorado.

## Official source
- [Download the official section PDF](https://api.govinfo.gov/packages/CREC-2026-06-23/granules/CREC-2026-06-23-pt1-PgS3064/pdf)
Readable version of the official text

Linked Context

Official Record
