Sooner State News

James M. Inhofe was mentioned in TEXT OF AMENDMENTS on pages S862-S874 covering the 1st Session of the 118th Congress published on March 21 in the Congressional Record.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA. 2. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. REPEAL OF 2001 AUTHORIZATION FOR USE OF MILITARY

FORCE.

The Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is repealed effective 180 days after the date of the enactment of this Act.

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SA 3. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. CONGRESSIONAL REVIEW WITH RESPECT TO FTO DESIGNATION

OF ISLAMIC REPUBLIC REVOLUTIONARY GUARD.

(a) In General.--Not later than 30 days before the Secretary of State rescinds the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), the Secretary shall submit to Congress a notice of intent to rescind such designation.

(b) Limitation on Exercise of Authority During Congressional Review.--Notwithstanding any other provision of law, during the 30-day period described in subsection (a), the Secretary may not rescind the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization unless a joint resolution of approval is enacted.

(c) Effect of Enactment of Joint Resolution of Disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a notice of intent submitted under subsection (a) is enacted during the 30-day period described in subsection (a), the Secretary may not rescind the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization.

(d) Process for Joint Resolutions of Approval or Disapproval.--

(1) Definitions.--In this section:

(A) Covered joint resolution.--The term ``covered joint resolution'' means a joint resolution of approval or a joint resolution of disapproval.

(B) Joint resolution of approval.--The term ``joint resolution of approval'' means only a joint resolution of either House of Congress--

(i) which does not have a preamble;

(ii) the title of which is as follows: ``A joint resolution approving the Secretary of State's rescindment of the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization.''; and

(iii) the sole matter after the resolving clause of which is as follows: ``That Congress approves the Secretary of State's rescindment of the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), submitted to Congress on ___.'', with the blank space being filled with the appropriate date.

(C) Joint resolution of disapproval.--The term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress--

(i) which does not have a preamble;

(ii) the title of which is as follows: ``A joint resolution disapproving the Secretary of State's rescindment of the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization.''; and

(iii) the sole matter after the resolving clause of which is as follows: ``That Congress disapproves Secretary of State's rescindment of the designation of the Islamic Republic Revolutionary Guard as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), submitted to Congress on ___.'', with the blank space being filled with the appropriate date.

(2) Introduction.--During the 30- calendar day period described in subsection (a), a covered joint resolution may be introduced--

(A) in the Senate, by the majority leader (or the designee of the majority leader) or the minority leader (or the designee of the minority leader); and

(B) in the House of Representatives, by the Speaker of the House of Representatives or the minority leader.

(3) Floor consideration in the house of representatives.-- If a committee of the House of Representatives to which a covered joint resolution has been referred has not reported such joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the covered joint resolution.

(4) Consideration in the senate.--

(A) Committee referral.--A covered joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations.

(B) Reporting and discharge.--If the committee to which a covered joint resolution was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.

(C) Motion to proceed.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports the covered joint resolution to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the covered joint resolution, and all points of order against the covered joint resolution (and against consideration of the covered joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

(D) Rules of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to the joint resolution of approval or the joint resolution of disapproval shall be decided without debate.

(E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to the joint resolution of approval or the joint resolution of disapproval, including all debatable motions and appeals in connection with such joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(5) Rules relating to senate and house of representatives.--

(A) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a covered joint resolution received from the Senate

(unless the House has already passed a joint resolution relating to the same proposed action):

(i) The covered joint resolution shall be referred to the appropriate committees.

(ii) If a committee to which a covered joint resolution has been referred has not reported the covered joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

(iii) Beginning on the third legislative day after each committee to which a covered joint resolution has been referred reports the covered joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the covered joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the covered joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

(iv) The covered joint resolution shall be considered as read. All points of order against the covered joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the covered joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the covered joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the covered joint resolution shall not be in order.

(B) Treatment of house joint resolution in senate.--

(i) If, before the passage by the Senate of a covered joint resolution, the Senate receives an identical covered joint resolution from the House of Representatives, the following procedures shall apply:

(I) That covered joint resolution shall not be referred to a committee.

(II) With respect to that covered joint resolution--

(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but

(bb) the vote on passage shall be on the joint resolution from the House of Representatives.

(ii) If, following passage of a covered joint resolution in the Senate, the Senate receives an identical covered joint resolution from the House of Representatives, that covered joint resolution shall be placed on the appropriate Senate calendar.

(iii) If a covered joint resolution is received from the House of Representatives, and no companion covered joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the covered joint resolution of the House of Representatives.

(6) Rules of the house of representatives and senate.--This section is enacted by Congress--

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a covered joint resolution under this section, and supersedes other rules only to the extent that it is inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

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SA 4. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

On page 2, line 10, insert ``30 days after the President certifies to Congress that Iran has stopped providing financial, technical, and material support to terrorist organizations and other violent groups in Iraq and Syria'' after ``hereby repealed''.

______

SA 5. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

On page 2, line 10, insert ``30 days after the President certifies to Congress that Iran has released all United States citizens detained as of the date of the enactment of this Act and has committed to refrain from wrongfully and unjustly detaining United States citizens in the future before a repeal comes into effect'' after ``hereby repealed''.

______

SA 6. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. REQUIREMENT FOR CERTIFICATION REGARDING RESPECT FOR

HUMAN RIGHTS OF WOMEN BEFORE ENTERING

AGREEMENTS WITH IRAN.

The President shall certify to Congress that Iran is respecting the internationally-recognized human rights of women before entering into any new agreement with the Government of Iran.

______

SA 7. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

On page 2, line 10, insert ``30 days after the Director of National Intelligence submits to Congress an unclassified certification that there are no longer any threats in or emanating out of Iraq to United States persons and personnel by Iranian-backed militias and proxies'' after ``hereby repealed''.

______

SA 8. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. REMEDIES FOR MEMBERS OF THE ARMED FORCES DISCHARGED

OR SUBJECT TO ADVERSE ACTION UNDER THE COVID-19

VACCINE MANDATE.

(a) Limitation on Imposition of New Mandate.--The Secretary of Defense may not issue any COVID-19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 absent a further act of Congress expressly authorizing a replacement mandate.

(b) Remedies.--Section 736 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note prec.) is amended--

(1) in the section heading, by striking ``to obey lawful order to receive'' and inserting ``to receive'';

(2) in subsection (a)--

(A) by striking ``a lawful order'' and inserting ``an order''; and

(B) by striking ``shall be'' and all that follows through the period at the end and inserting ``shall be an honorable discharge.'';

(3) by redesignating subsection (b) as subsection (e); and

(4) by inserting after subsection (a) the following new subsections:

``(b) Prohibition on Adverse Action.--The Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID-19.

``(c) Remedies Available for a Covered Member Discharged or Subject to Adverse Action Based on COVID-19 Status.--At the election of a covered member discharged or subject to adverse action based on the member's COVID-19 vaccination status, and upon application through a process established by the Secretary of Defense, the Secretary shall--

``(1) adjust to `honorable discharge' the status of the member if--

``(A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID-19; and

``(B) the discharge status of the member would have been an

`honorable discharge' but for the refusal to obtain such vaccine;

``(2) reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation, allowing, however, for any reduction in rank that was not related to the member's COVID-19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation;

``(3) for any member who was subject to any adverse action other than involuntary separation based solely on the member's COVID-19 vaccination status--

``(A) restore the member to the highest grade held prior to such adverse action, allowing, however, for any reduction in rank that was not related to the member's COVID-19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and

``(B) compensate such member for any pay and benefits lost as a result of such adverse action;

``(4) expunge from the service record of the member any adverse action, to include non-punitive adverse action and involuntary separation, as well as any reference to any such adverse action, based solely on COVID-19 vaccination status; and

``(5) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member.

``(d) Retention and Development of Unvaccinated Members.-- The Secretary of Defense shall--

``(1) make every effort to retain covered members who are not vaccinated against COVID-19 and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers;

``(2) only consider the COVID-19 vaccination status of a covered member in making deployment, assignment, and other operational decisions where--

``(A) the law or regulations of a foreign country require covered members to be vaccinated against COVID-19 in order to enter that country; and

``(B) the covered member's presence in that foreign country is necessary in order to perform their assigned role; and

``(3) for purposes of deployments, assignments, and operations described in paragraph (2), create a process to provide COVID-19 vaccination exemptions to covered members with--

``(A) a natural immunity to COVID-19;

``(B) an underlying health condition that would make COVID- 19 vaccination a greater risk to that individual than the general population; or

``(C) sincerely held religious beliefs in conflict with receiving the COVID-19 vaccination.

``(e) Applicability of Remedies Contained in This Section.--The prohibitions and remedies described in this section shall apply to covered members regardless of whether or not they sought an accommodation to any Department of Defense COVID-19 vaccination policy on any grounds.''.

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SA 9. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

On page 2, line 3, strike ``The Authorization'' and insert the following:

(a) Findings.--Congress makes the following findings:

(1) Article II of the United States Constitution empowers the President, as Commander-in-Chief, to direct the use of military force to protect the Nation from an attack or threat of imminent attack.

(2) This authority empowers the President to use force against forces of Iran, a state responsible for conducting and directing attacks against United States forces in the Middle East and to take actions for the purpose of ending Iran's escalation of attacks on, and threats to, United States interests.

(3) The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is not independently required to authorize the activities described in paragraphs (1) and (2).

(b) Repeal.--The Authorization

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SA 10. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

The Secretary of Energy, in consultation with the Secretary of Defense, shall conduct an assessment of existing large power transformers in the United States, identify Government resources that could be leveraged to enhance the domestic manufacturing of large power transformers, and identify any authorities needed to provide such assistance.

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SA 11. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. ANY WORLD HEALTH AGENCY CONVENTION OR AGREEMENT OR

OTHER INTERNATIONAL INSTRUMENT RESULTING FROM

THE INTERNATIONAL NEGOTIATING BODY'S FINAL

REPORT DEEMED TO BE A TREATY SUBJECT TO ADVICE

AND CONSENT OF THE SENATE.

(a) Short Title.--This section may be cited as the ``No WHO Pandemic Preparedness Treaty Without Senate Approval Act''.

(b) Findings.--Congress makes the following findings:

(1) On December 1, 2021, at the second special session of the World Health Assembly (referred to in this section as the

``WHA'') decided--

(A) to establish an intergovernmental negotiating body

(referred to in this section as the ``INB'') to draft and negotiate a WHO convention (referred to in this section as the ``Convention''), agreement, or other international instrument on pandemic prevention, preparedness, and response, with a view to adoption under article 19 or any other provision of the WHO Constitution; and

(B) that the INB shall submit a progress report to the Seventy-sixth WHA and a working draft of the convention for consideration by the Seventy-seventh WHA, which is scheduled to take place beginning on March 18, 2024.

(2) On February 24, March 14 and 15, and June 6 through 8 and 15 through 17, 2022, the INB held its inaugural meeting at which the Director-General proposed the following 5 themes to guide the INB's work in drafting the Convention:

(A) Building national, regional, and global capacities based on a whole-of-government and whole-of-society approach.

(B) Establishing global access and benefit sharing for all pathogens, and determining a global policy for the equitable production and distribution of countermeasures.

(C) Establishing robust systems and tools for pandemic preparedness and response.

(D) Establishing a long-term plan for sustainable financing to ensure support for global health threat management and response systems.

(E) Empowering WHO to fulfill its mandate as the directing and coordinating authority on international health work, including for pandemic preparedness and response.

(3) On July 18 through 22, 2022, the INB held its second meeting at which it agreed that the Convention would be adopted under article 19 of the WHO Constitution and legally binding on the parties.

(4) On December 5 through 7, 2022, the INB held its third meeting at which it accepted a conceptual zero draft of the Convention and agreed to prepare a zero draft for consideration at the INB's next meeting.

(5) In early January 2023, an initial draft of the Convention was sent to WHO member states in advance of its formal introduction at the fourth meeting of the INB. The draft includes broad and binding provisions, including rules governing parties' access to pathogen genomic sequences and how the products or benefits of such access are to be distributed.

(6) On February 27 through March 3, 2023, the INB held its fourth meeting at which it--

(A) formally agreed to the draft distributed in January as the basis for commencing negotiations; and

(B) established an April 14, 2023 deadline for member states to propose any changes to the text.

(7) Section 723.3 of title 11 of the Department of State's Foreign Affairs Manual states that when ``determining whether any international agreement should be brought into force as a treaty or as an international agreement other than a treaty, the utmost care is to be exercised to avoid any invasion or compromise of the constitutional powers of the President, the Senate, and the Congress as a whole'' and includes the following criteria to be considered when determining whether an international agreement should take the form of a treaty or an executive agreement:

(A) ``The extent to which the agreement involves commitments or risks affecting the nation as a whole''.

(B) ``Whether the agreement is intended to affect state laws''.

(C) ``Whether the agreement can be given effect without the enactment of subsequent legislation by the Congress''.

(D) ``Past U.S. practice as to similar agreements''.

(E) ``The preference of the Congress as to a particular type of agreement''.

(F) ``The degree of formality desired for an agreement''.

(G) ``The proposed duration of the agreement, the need for prompt conclusion of an agreement, and the desirability of concluding a routine or short-term agreement''.

(H) ``The general international practice as to similar agreements''.

(c) Sense of the Senate.--It is the sense of the Senate that--

(1) a significant segment of the American public is deeply skeptical of the World Health Organization, its leadership, and its independence from the pernicious political influence of certain member states, including the People's Republic of China;

(2) the Senate strongly prefers that any agreement related to pandemic prevention, preparedness, and response adopted by the World Health Assembly pursuant to the work of the INB be considered a treaty requiring the advice and consent of the Senate, with two-thirds of Senators concurring;

(3) the scope of the agreement which the INB has been tasked with drafting, as outlined by the Director-General, is so broad that any application of the factors referred to in subsection (b)(11) will weigh strongly in favor of it being considered a treaty; and

(4) given the level of public distrust, any relevant new agreement by the World Health Assembly which cannot garner the two-thirds vote needed for Senate ratification should not be agreed to or implemented by the United States.

(d) Applicability of Senate Advice and Consent Constitutional Requirement.--Notwithstanding any other provision of law, any convention, agreement, or other international instrument on pandemic prevention, preparedness, and response reached by the World Health Assembly pursuant to the recommendations, report, or work of the International Negotiating Body established by the second special session of the World Health Assembly is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States, which requires the advice and consent of the Senate, with two-thirds of Senators concurring.

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SA 12. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. AGREEMENTS RELATED TO NUCLEAR PROGRAM OF IRAN DEEMED

TREATIES SUBJECT TO ADVICE AND CONSENT OF THE

SENATE.

(a) Treaty Subject to Advice and Consent of the Senate.-- Notwithstanding any other provision of law, any agreement reached by the President with Iran relating to the nuclear program of Iran is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States requiring that the treaty is subject to the advice and consent of the Senate, with two- thirds of Senators concurring.

(b) Limitation on Sanctions Relief.--Notwithstanding any other provision of law, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions under any other provision of law or refrain from applying any such sanctions pursuant to an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future, unless the agreement is subject to the advice and consent of the Senate as a treaty and receives the concurrence of two-thirds of Senators.

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SA 13. Mr. SCOTT of Florida (for himself, Mr. Tillis, and Mr. Cassidy) submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. JOINT SELECT COMMITTEE ON AFGHANISTAN.

(a) Establishment.--There is established a joint select committee of Congress to be known as the ``Joint Select Committee on Afghanistan'' (in this section referred to as the ``Joint Committee'').

(b) Membership.--

(1) In general.--The Joint Committee shall be composed of 12 members appointed pursuant to paragraph (2).

(2) Appointment.--Members of the Joint Committee shall be appointed as follows:

(A) The majority leader of the Senate shall appoint 3 members from among Members of the Senate.

(B) The minority leader of the Senate shall appoint 3 members from among Members of the Senate.

(C) The Speaker of the House of Representatives shall appoint 3 members from among Members of the House of Representatives.

(D) The minority leader of the House of Representatives shall appoint 3 members from among Members of the House of Representatives.

(3) Co-chairs.--

(A) In general.--Two of the appointed members of the Joint Committee shall serve as co-chairs. The Speaker of the House of Representatives and the majority leader of the Senate shall jointly appoint one co-chair, and the minority leader of the House of Representatives and the minority leader of the Senate shall jointly appoint the second co-chair. The co- chairs shall be appointed not later than 14 calendar days after the date of the enactment of this Act.

(B) Staff director.--The co-chairs, acting jointly, shall hire the staff director of the Joint Committee.

(4) Date.--Members of the Joint Committee shall be appointed not later than 14 calendar days after the date of the enactment of this Act.

(5) Period of appointment.--Members shall be appointed for the life of the Joint Committee. Any vacancy in the Joint Committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the Joint Committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the Joint Committee and a vacancy shall exist.

(c) Investigation and Report.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Joint Committee shall conduct an investigation and submit to Congress a report on the United States 2021 withdrawal from Afghanistan.

(2) Elements.--The report required under paragraph (1) shall include the following elements:

(A) A summary of any intelligence reports that indicated an imminent threat at the Hamid Karzai International Airport preceding the deadly attack on August 26, 2021, and the risks to United States and allied country civilians as well as Afghan partners for various United States withdrawal scenarios.

(B) A summary of any intelligence reports that indicated that withdrawing military personnel and closing United States military installations in Afghanistan before evacuating civilians would negatively affect the evacuation of United States citizens, green card holders, and Afghan partners and thus put them at risk.

(C) A full review of planning by the National Security Council, the Department of State, and the Department of Defense for a noncombatant evacuation from Afghanistan, including details of all scenarios used by the Department of State or the Department of Defense to plan and prepare for noncombatant evacuation operations.

(D) An analysis of the relationship between the retrograde and noncombatant evacuation operation plans and operations.

(E) A description of any actions that were taken by the United States Government to protect the safety of United States forces and neutralize threats in any withdrawal scenarios.

(F) A full review of all withdrawal scenarios compiled by the intelligence community and the Department of Defense with timelines for the decisions taken, including all advice provided by military leaders to President Joseph R. Biden and his national security team beginning in January 2021.

(G) An analysis of why the withdrawal timeline expedited from the September 11, 2021, date set by President Biden earlier this year.

(H) An analysis of United States and allied intelligence shared with the Taliban.

(I) An analysis of any actions taken by the United States Government to proactively prepare for a successful withdrawal.

(J) A summary of intelligence that informed statements and assurances made to the American people that the Taliban would not take over Afghanistan with the speed that it did in August 2021.

(K) A full and unredacted transcript of the phone call between President Joe Biden and President Ashraf Ghani of Afghanistan on July 23, 2021.

(L) A summary of any documents, reports, or intelligence that indicates whether any members of the intelligence community, the United States Armed Forces, or NATO partners supporting the mission warned that the Taliban would swiftly reclaim Afghanistan.

(M) A description of the extent to which any members of the intelligence community, the United States Armed Forces, or NATO partners supporting the mission advised steps to be taken by the White House that were ultimately rejected.

(N) An assessment of the decision not to order a noncombatant evacuation operation until August 14, 2021.

(O) An assessment of whose advice the President heeded in maintaining the timeline and the status of forces on the ground before Thursday, August 12, 2021.

(P) A description of the initial views and advice of the United States Armed Forces and the intelligence community given to the National Security Council and the White House before the decisions were taken regarding closure of United States military installations, withdrawal of United States assets, and withdrawal of United States military personnel.

(Q) An assessment of United States assets, as well as any assets left behind by allies, that could now be used by the Taliban, ISIS-K, and other terrorist organizations operating within the region.

(R) An assessment of United States assets slated to be delivered to Afghanistan, if any, the delivery of which was paused because of the President's decision to withdraw, and the status of and plans for those assets now.

(S) An assessment of vetting procedures for Afghan civilians to be evacuated with a timeline for the decision making and ultimate decisions taken to ensure that no terrorist suspects, persons with ties to terrorists, or dangerous individuals would be admitted into third countries or the United States.

(T) An assessment of the discussions between the United States Government and allies supporting our efforts in Afghanistan and a timeline for decision making regarding the withdrawal of United States forces, including discussion and decisions about how to work together to repatriate all foreign nationals desiring to return to their home countries.

(U) A review of the policy decisions with timeline regarding all Afghan nationals and other refugees evacuated from Afghanistan by the United States Government and brought to third countries and the United States, including a report on what role the United States Armed Forces performed in vetting each individual and what coordination the Departments of State and Defense engaged in to safeguard members of the Armed Forces from infectious diseases and terrorist threats.

(3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(d) Meetings.--

(1) Initial meeting.--Not later than 30 days after the date on which all members of the Joint Committee have been appointed, the Joint Committee shall hold its first meeting.

(2) Frequency.--The Joint Committee shall meet at the call of the co-chairs.

(3) Quorum.--A majority of the members of the Joint Committee shall constitute a quorum, but a lesser number of members may hold hearings.

(4) Voting.--No proxy voting shall be allowed on behalf of the members of the Joint Committee.

(e) Administration.--

(1) In general.--To enable the Joint Committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Joint Committee approved by the co-chairs, subject to the rules and regulations of the Senate.

(2) Expenses.--In carrying out its functions, the Joint Committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11 of Public Law 79-304 (15 U.S.C. 1024 (d)).

(3) Hearings.--

(A) In general.--The Joint Committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Joint Committee considers advisable.

(B) Hearing procedures and responsibilities of co-chairs.--

(i) Announcement.--The co-chairs of the Joint Committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the co-chairs determine that there is good cause to begin such hearing at an earlier date.

(ii) Written statement.--A witness appearing before the Joint Committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the co- chairs, following their determination that there is good cause for failure to comply with such requirement.

(4) Cooperation from federal agencies.--

(A) Technical assistance.--Upon written request of the co- chairs, a Federal agency shall provide technical assistance to the Joint Committee in order for the Joint Committee to carry out its duties.

(B) Provision of information.--The Secretary of State, the Secretary of Defense, the Director of National Intelligence, the heads of the elements of the intelligence community, the Secretary of Homeland Security, and the National Security Council shall expeditiously respond to requests for information related to compiling the report under subsection

(c).

(f) Staff of Joint Committee.--

(1) In general.--The co-chairs of the Joint Committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate.

(2) Ethical standards.--Members on the Joint Committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the Joint Committee and staff of the Joint Committee shall comply with the ethics rules of the Senate.

(g) Termination.--The Joint Committee shall terminate on the date that is one year after the date of the enactment of this Act.

(h) Funding.--Funding for the Joint Committee shall be derived in equal portions from--

(1) the applicable accounts of the House of Representatives; and

(2) the contingent fund of the Senate from the appropriations account ``Miscellaneous Items'', subject to the rules and regulations of the Senate.

______

SA 14. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

Strike section 2 and insert the following:

SEC. 2. REDUCED AUTHORITY UNDER THE AUTHORIZATION FOR USE OF

MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002.

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is amended--

(1) by striking the preamble;

(2) in section 1, by striking ``Against Iraq Resolution of 2002'' and inserting ``Against Iranian backed Militias Operating in Iraq'';

(3) by striking section 2;

(4) by redesignating sections 3 and 4 as sections 2 and 3, respectively;

(5) in section 2, as redesignated by paragraph (4)--

(A) in subsection (a), by striking ``necessary and appropriate in order to'' and all that follows through the period at the end and inserting ``necessary and appropriate to defend the national security of the United States against Iranian-backed militias operating in Iraq.''; and

(B) in subsection (b)--

(i) in paragraph (1), by striking ``alone either'' and all that follows through ``regarding Iraq'' and inserting ``alone will not adequately protect the national security of the United States against the continuing threat posed by Iranian backed militias operating in Iraq''; and

(ii) in paragraph (2), by striking ``, including'' and all that follows through ``September 11, 2001''; and

(6) in section 3, as so redesignated--

(A) in subsection (a)--

(i) by striking ``section 3'' and inserting ``section 2''; and

(ii) by striking ``, including'' and all that follows through ``(Public Law 105-338)''; and

(B) by striking subsection (c).

______

SA 15. Mr. SCHUMER proposed an amendment to the bill S. 316, to repeal the authorizations for use of military force against Iraq; as follows:

At the end add the following:

SEC. EFFECTIVE DATE.

This Act shall take effect on the date that is 1 day after the date of enactment of this Act.

______

SA 16. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE _____--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

SEC. ___01. SHORT TITLE.

This title may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2023''.

SEC. ___02. PURPOSE.

The purpose of this title is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them.

SEC. ___03. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

Chapter 8 of title 5, United States Code, is amended to read as follows:

``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.

``801. Congressional review.

``802. Congressional approval procedure for major rules.

``803. Congressional disapproval procedure for nonmajor rules.

``804. Definitions.

``805. Judicial review.

``806. Exemption for monetary policy.

``807. Effective date of certain rules.

``Sec. 801. Congressional review

``(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost- benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing--

``(i) a copy of the rule;

``(ii) a concise general statement relating to the rule;

``(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2);

``(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and

``(v) the proposed effective date of the rule.

``(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress--

``(i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs;

``(ii) the agency's actions pursuant to sections 603, 604, 605, 607, and 609 of this title;

``(iii) the agency's actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and

``(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.

``(C) Upon receipt of a report submitted under subparagraph

(A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.

``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency's compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private- sector activity.

``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A).

``(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.

``(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).

``(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection

(b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.

``(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.

``(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.

``(c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.

``(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is--

``(A) necessary because of an imminent threat to health or safety or other emergency;

``(B) necessary for the enforcement of criminal laws;

``(C) necessary for national security; or

``(D) issued pursuant to any statute implementing an international trade agreement.

``(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.

``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring--

``(A) in the case of the Senate, 60 session days; or

``(B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress.

``(2)(A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though--

``(i) such rule were published in the Federal Register on--

``(I) in the case of the Senate, the 15th session day; or

``(II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and

``(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.

``(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.

``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).

``Sec. 802. Congressional approval procedure for major rules

``(a)(1) For purposes of this section, the term `joint resolution' means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that--

``(A) bears no preamble;

``(B) bears the following title (with blanks filled as appropriate): `Approving the rule submitted by ___ relating to ___.';

``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___.'; and

``(D) is introduced pursuant to paragraph (2).

``(2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)--

``(A) in the case of the House of Representatives, within 3 legislative days; and

``(B) in the case of the Senate, within 3 session days.

``(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.

``(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.

``(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

``(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.

``(e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.

``(f)(1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then--

``(A) the joint resolution of the other House shall not be referred to a committee; and

``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House.

``(2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.

``(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day.

``(h) This section and section 803 are enacted by Congress--

``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and

``(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

``Sec. 803. Congressional disapproval procedure for nonmajor rules

``(a) For purposes of this section, the term `joint resolution' means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows:

`That Congress disapproves the nonmajor rule submitted by the ___ relating to ___, and such rule shall have no force or effect.' (The blank spaces being appropriately filled in).

``(b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.

``(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.

``(d)(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.

``(e) In the Senate, the procedure specified in subsection

(c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule--

``(1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or

``(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.

``(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:

``(1) The joint resolution of the other House shall not be referred to a committee.

``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--

``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

``(B) the vote on final passage shall be on the joint resolution of the other House.

``Sec. 804. Definitions

``For purposes of this chapter:

``(1) The term `Federal agency' means--

``(A) the Board of Governors of the Federal Reserve System;

``(B) the Securities and Exchange Commission;

``(C) the Commodity Futures Trading Commission;

``(D) the Office of the Comptroller of the Currency;

``(E) the Federal Deposit Insurance Corporation;

``(F) the Federal Housing Finance Agency;

``(G) the Federal Housing Administration;

``(H) the Financial Crimes Enforcement Network; and

``(I) the Bureau of Consumer Financial Protection.

``(2) The term `major rule' means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in--

``(A) an annual effect on the economy of $100 million or more;

``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

``(C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

``(3) The term `nonmajor rule' means any rule that is not a major rule.

``(4) The term `rule' has the meaning given such term in section 551, except that such term does not include--

``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;

``(B) any rule relating to agency management or personnel; or

``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

``(5) The term `submission or publication date', except as otherwise provided in this chapter, means--

``(A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and

``(B) in the case of a nonmajor rule, the later of--

``(i) the date on which the Congress receives the report submitted under section 801(a)(1); and

``(ii) the date on which the nonmajor rule is published in the Federal Register, if so published.

``Sec. 805. Judicial review

``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.

``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.

``(c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect.

``Sec. 806. Exemption for monetary policy

``Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

``Sec. 807. Effective date of certain rules

``Notwithstanding section 801--

``(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or

``(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,

shall take effect at such time as the Federal agency promulgating the rule determines.''.

SEC. ___04. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802

OF TITLE 5, UNITED STATES CODE.

Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the end the following new subparagraph:

``(E) Budgetary effects of rules subject to section 802 of title 5, united states code.--Any rule subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section.''.

SEC. ___05. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

(a) In General.--The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act--

(1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect;

(2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and

(3) the total estimated economic cost imposed by all such rules.

(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).

______

SA 17. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. EXPIRATION OF SPECIAL PRESIDENTIAL DRAWDOWN

AUTHORITY.

Section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) is amended, in the undesignated matter following subparagraph (B), by inserting ``, provided that the authority for any drawdown authorized under this paragraph shall expire on the last day of the fiscal year of such authorization, after which date no defense articles or equipment may be delivered to a foreign country or international organization without another authorization'' before the period at the end.

______

SA 18. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. TERMINATION OF DESIGNATION OF RUSSIAN INVASION OF

UKRAINE AS AN UNFORESEEN EMERGENCY UNDER

SECTION 506 OF THE FOREIGN ASSISTANCE ACT OF

1961.

Beginning on the date of the enactment of this Act, the President may no longer designate the Russian invasion of Ukraine, which began in February 2022, as an unforeseen emergency for purposes of section 506(a)(1) of the Foreign Assistance Act.

______

SA 19. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. RESTORATION OF STANDARD SPECIAL PRESIDENTIAL DRAWDOWN

AUTHORITY CAP.

Section 1701 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117-328) is repealed.

______

SA 20. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. ALLIED BURDEN SHARING REPORT.

(a) Finding; Sense of Congress.--

(1) Finding.--Congress finds that section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 98- 525; 63 Stat. 2241)--

(A) expresses the sense of Congress that, due to threats that are ever-changing, Congress must be informed with respect to allied contributions to the common defense to properly assess the readiness of the United States and the countries described in subsection (b)(2) for threats; and

(B) requires the Secretary to submit to Congress an annual report on the contributions of allies to the common defense.

(2) Sense of congress.--It is the sense of Congress that--

(A) the threats facing the United States--

(i) extend beyond the global war on terror; and

(ii) include near-peer threats; and

(B) the President should seek from each country described in subsection (b)(2) acceptance of international security responsibilities and agreements to make contributions to the common defense in accordance with the collective defense agreements or treaties to which such country is a party.

(b) Reports on Allied Contributions to the Common Defense.--

(1) In general.--Not later than March 1 each year, the Secretary, in coordination with the heads of other Federal agencies, as the Secretary determines to be necessary, shall submit to the appropriate committees of Congress a report containing a description of--

(A) the annual defense spending by each country described in paragraph (2), including available data on nominal budget figures and defense spending as a percentage of the gross domestic products of each such country for the fiscal year immediately preceding the fiscal year in which the report is submitted;

(B) the activities of each such country to contribute to military or stability operations in which the Armed Forces of the United States are a participant or may be called upon in accordance with a cooperative defense agreement to which the United States is a party;

(C) any limitations placed by any such country on the use of such contributions; and

(D) any actions undertaken by the United States or by other countries to minimize such limitations.

(2) Countries described.--The countries described in this paragraph are the following:

(A) Each member state of the North Atlantic Treaty Organization.

(B) Each member state of the Gulf Cooperation Council.

(C) Each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro September 2, 1947, and entered into force December 3, 1948

(TIAS 1838).

(D) Australia.

(E) Japan.

(F) New Zealand.

(G) The Philippines.

(H) South Korea.

(I) Thailand.

(3) Form.--Each report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

(4) Availability.--A report submitted under paragraph (1) shall be made available on request to any Member of Congress.

(c) Definitions.--In this section:

(1) Appropriate committees of congress.--The term

``appropriate committees of Congress'' means--

(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

(2) Secretary.--The term ``Secretary'' means the Secretary of Defense.

______

SA 21. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. PROHIBITION ON USE OF FORCE AGAINST THE RUSSIAN

FEDERATION.

(a) No Authority for Use of Force.--No provision of law enacted before the date of the enactment of this Act may be construed to provide authorization for the use of military force against the Russian Federation.

(b) Prohibition on Funding for Use of Military Force Against the Russian Federation.--

(1) In general.-- No Federal funds may be made available for the use of military force in or against the Russian Federation unless--

(A) Congress has declared war; or

(B) there is enacted specific statutory authorization for such use of military force that meets the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(2) Commander-in-chief exception.--The prohibition under paragraph (1) does not apply to a use of military force that is consistent with section 2(c) of the War Powers Resolution

(50 U.S.C. 1541(c)).

(c) Rules of Construction.--Nothing in this section may be construed--

(1) to prevent the President from using necessary and appropriate force to defend United States allies and partners if Congress enacts specific statutory authorization for such use of force consistent with the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.);

(2) to relieve the executive branch of restrictions on the use of force, reporting, or consultation requirements set forth in the War Powers Resolution (50 U.S.C. 1541 et seq.); or

(3) to authorize the use of military force.

(d) Scope of Military Force.--In this section, the term

``military force''--

(1) includes--

(A) sharing intelligence with Ukraine for the purpose of enabling offensive strikes against the Russian Federation;

(B) providing logistical support to Ukraine for offensive strikes against the Russian Federation; and

(C) any situation involving any use of lethal or potentially lethal force by United States forces against Russian forces, irrespective of the domain, whether such force is deployed remotely, or the intermittency thereof; and

(2) does not include activities undertaken pursuant to section 503 of the National Security Act of 1947 (50 U.S.C. 3093).

______

SA 22. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. TWO-YEAR TIME LIMIT FOR AUTHORIZATIONS FOR USE OF

MILITARY FORCE.

(a) In General.--Any law authorizing the use of military force that is enacted on or after the date of the enactment of this Act shall terminate two years after the date of the enactment of such law unless a joint resolution of extension is enacted pursuant to subsection (b) extending such authority prior to such termination date.

(b) Consideration of Joint Resolution of Extension.--

(1) Joint resolution of extension defined.--In this subsection, the term ``joint resolution of extension'' means only a joint resolution of either House of Congress--

(A) the title of which is as follows: ``A joint resolution extending the [_________] for a two-year period beginning on the date of the enactment of this joint resolution.'', with the blank being filled with the title of the law authorizing the use of military force that is being extended pursuant to subsection (a); and

(B) the sole matter after the resolving clause of which is the following: ``Congress extends the authority for the use of military force provided under [_________] for a two-year period beginning on the date of the enactment of this joint resolution.'', with the blank being filled with the title of the law authorizing the use of military force that is being extended pursuant to subsection (a).

(2) Introduction.--A joint resolution of extension may be introduced by any member of Congress.

(3) Floor consideration in house of representatives.--If a committee of the House of Representatives to which a joint resolution of extension has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

(4) Consideration in the senate.--

(A) Committee referral.--A joint resolution of extension introduced in the Senate shall be referred to the Committee on Foreign Relations.

(B) Reporting and discharge.--If the Committee on Foreign Relations has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.

(C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee of Foreign Relations reports a joint resolution of extension to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of extension shall be decided without debate.

(E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of extension, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(5) Rules relating to senate and house of representatives.--

(A) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of extension received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):

(i) The joint resolution shall be referred to the appropriate committees.

(ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

(iii) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

(iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.

(B) Treatment of house joint resolution in senate.--

(i) If, before the passage by the Senate of a joint resolution of extension, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:

(I) That joint resolution shall not be referred to a committee.

(II) With respect to that joint resolution--

(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but

(bb) the vote on passage shall be on the joint resolution from the House of Representatives.

(ii) If, following passage of a joint resolution of extension in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.

(iii) If a joint resolution of extension is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution.

(6) Rules of house of representatives and senate.--This subsection is enacted by Congress--

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

______

SA 23. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. REPORTING AND NOTIFICATION REQUIREMENTS.

(a) Declassified List.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall publish a declassified list of nations, organizations, or persons the United States is using force against or authorized to use force against pursuant to section 2(a) of the Authorization for Use of Military Force

(Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note)

(commonly known as the ``2001 AUMF'').

(b) Release of Certain Executive Branch Legal Opinions.-- The head of each executive branch agency shall make available to the public, with minimal redactions, each legal opinion of the agency relied upon for the use of force in United States counterterrorism operations.

(c) Report.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall make available to each Member of Congress a report on the legal and policy frameworks for the use of military force by, and related security operations of, the United States that includes--

(A) a full list of security assistance programs, including programs under--

(i) section 333 of title 10, United States Code;

(ii) section 127(e) of title 10, United States Code; and

(iii) section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639); and

(B) the legal, factual, and policy justifications for any modification to such legal and policy frameworks during the period beginning on the date of the enactment of this Act and ending on the date on which the report is submitted.

(2) Form.--Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(d) Notification.--Not later than 30 days after the date on which a modification is made to the legal and policy frameworks for the use of military force by, and related security operations of, the United States, the President shall notify Congress of such modification and provide the legal, factual, and policy justification for the modification.

______

SA 24. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _____. RESCISSIONS.

There is rescinded any unobligated balance greater than

$150,000,000 (as of January 31, 2023) made available under the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 4).

______

SA 25. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. REQUIREMENT FOR EXPRESSIONS OF INTEREST UNDER THE

MINERAL LEASING ACT.

Section 17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) is amended--

(1) by striking ``Secretary'' each place it appears and inserting ``Secretary of the Interior''; and

(2) by adding at the end the following:

``(3) Requirement.--Notwithstanding any other provision of this section, the Secretary of the Interior shall offer for lease under this section under the applicable resource management plan not less than 80 percent of available parcels of land nominated for oil and gas development in an expression of interest submitted in accordance with the procedures established under paragraph (1).''.

______

SA 26. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

(a) Audit and Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information and the Secretary of Defense shall jointly--

(1) conduct an audit of the electromagnetic spectrum that is assigned or otherwise allocated to the Department of Defense as of the date of the audit; and

(2) submit to Congress, and make available to each Member of Congress upon request, a report containing the results of the audit conducted under paragraph (1).

(b) Contents of Report.--The Assistant Secretary of Commerce for Communications and Information and the Secretary of Defense shall include in the report submitted under subsection (a)(2), with respect to the electromagnetic spectrum that is assigned or otherwise allocated to the Department of Defense as of the date of the audit--

(1) each particular band of spectrum being used by the Department of Defense;

(2) a description of each purpose for which a particular band described in paragraph (1) is being used, and how much of the band is being used for that purpose;

(3) the geographic area in which a particular band described in paragraph (1) is being used;

(4) whether a particular band described in paragraph (1) is used exclusively by the Department of Defense or shared with a non-Federal entity; and

(5) any portion of the spectrum that is not being used by the Department of Defense.

(c) Form of Report.--The report required under subsection

(a)(2) shall be submitted in unclassified form but may include a classified annex.

______

SA 27. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXEMPTIONS FROM FDA REQUIREMENTS WITH RESPECT TO

INFANT FORMULA.

(a) Waivers.--

(1) In general.--In the case that an infant formula shortage is established through a joint resolution, with respect to any infant formula imported into the United States during the 90-day period beginning on the date specified in such joint resolution--

(A) the requirements under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) shall not apply;

(B) such infant formula may be manufactured, processed, packed, or held in a facility in a country described in subsection (d) that is not registered under section 415 of such Act (21 U.S.C. 350d);

(C) the requirements under parts 106 and 107 of title 21, Code of Federal Regulations, shall not apply; and

(D) such infant formula shall not be considered to be misbranded or adulterated solely on the basis of not being in compliance with the requirements of such section 412 or 415, or such part 106 or 107.

(2) Renewal of waiver period.--A waiver of requirements under paragraph (1) shall automatically renew for additional 90-day periods until such infant formula shortage is terminated through a subsequent joint resolution.

(b) Notification Requirement.--

(1) In general.--A person who introduces or delivers for introduction into interstate commerce an infant formula pursuant to subsection (a) shall notify the Secretary if such person has knowledge which reasonably supports the conclusion that such infant formula--

(A) may not provide the nutrients required by section 412(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(i)); or

(B) is a product that meets any criterion under section 402(a) of such Act (21 U.S.C. 342(a)), or which otherwise may be unsafe for infant consumption.

(2) Knowledge defined.--For purposes of paragraph (1), the term ``knowledge'' as applied to a person subject to such subparagraph means--

(A) the actual knowledge that the person had; or

(B) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care.

(c) Recall Authority.--If the Secretary determines that infant formula introduced or delivered for introduction into interstate commerce pursuant to subsection (a) is a product described in subsection (b)(1)(B), the manufacturer or importer shall immediately take all actions necessary to recall shipments of such infant formula from all wholesale and retail establishments, consistent with recall regulations and guidelines issued by the Secretary.

(d) Countries Described.--A country described in this subsection is any of the following:

(1) Australia.

(2) Israel.

(3) Japan.

(4) New Zealand.

(5) Switzerland.

(6) South Africa.

(7) The United Kingdom.

(8) A member country of the European Union.

(9) A member country of the European Economic Area.

(e) Definition.--In this section, the term ``infant formula'' has the meaning given that term in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)).

______

SA 28. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITING MEDICARE PAYMENTS TO AND ENROLLMENT OF

PROVIDERS WHO FURNISH GENDER-TRANSITION

PROCEDURES.

Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by adding at the end the following:

``(p) Prohibiting Payments to and Enrollment of Providers Who Furnish Gender-transition Procedures.--

``(1) In general.--Effective on the date of the enactment of this subsection--

``(A) no payment may be made under this title with respect to any item or service that is furnished by a provider of services or supplier who furnishes a gender-transition procedure; and

``(B) a provider of services or supplier who furnishes a gender-transition procedure may not enroll or reenroll in the program under this title under section 1866(j).

``(2) Definitions.--In this subsection:

``(A) Biological sex.--The term `biological sex' means the genetic classification of an individual as male or female, as reflected in the organization of the body of such individual for a reproductive role or capacity, such as through sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth, without regard to the subjective sense of identity of the individual.

``(B) Gender-transition procedure.--

``(i) In general.--Except as provided in clause (ii), the term `gender-transition procedure' means--

``(I) the prescription or administration of puberty- blocking drugs for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual's biological sex;

``(II) the prescription or administration of cross-sex hormones for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual's biological sex; or

``(III) a surgery to change the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual's biological sex.

``(ii) Exception.--The term `gender-transition procedure' does not include--

``(I) an intervention described in clause (i) that is performed on--

``(aa) an individual with biological sex characteristics that are inherently ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or

``(bb) an individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action, for a biological male or biological female;

``(II) the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of an intervention described in clause (i) without regard to whether the intervention was performed in accordance with State or Federal law; or

``(III) any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless the procedure is performed.''.

______

SA 29. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

The Secretary of Energy, in consultation with the Secretary of Defense, shall conduct an assessment of existing large power transformers in the United States, identify Government resources that could be leveraged to enhance the domestic manufacturing of large power transformers, and identify any authorities needed to provide such assistance.

______

SA 30. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

Amend section 2 to read as follows:

SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE

AGAINST IRAQ RESOLUTION OF 2002.

(a) Repeal.--The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed 30 days after the President certifies to Congress that Iraq, Israel, and other United States partners and allies in the region have been meaningfully consulted on the ramifications of repeal.

(b) Description of Risks.--The certification submitted under subsection (a) shall include a detailed description of how Iraq, Israel, and other United States partners and allies in the region perceive the risks and benefits of a repeal.

______

SA 31. Mr. BUDD submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. SHORT TITLE.

Sections 3 through 7 of this Act may be cited as the

``Build the Wall Now Act''.

SEC. 4. RESUME CONSTRUCTION OF BARRIERS AND ROADS ALONG

UNITED STATES AND MEXICO BORDER.

(a) Definitions.--In this section:

(1) Department.--The term ``Department'' means the Department of Homeland Security.

(2) Physical barriers.--The term ``physical barriers'' has the meaning given such term in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 5(5) of this Act.

(3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

(4) Tactical infrastructure; technology.--The terms

``tactical infrastructure'' and ``technology'' have the meanings given such terms in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 5(5) of this Act.

(b) In General.--

(1) Immediate resumption of border barrier construction.-- Not later than 1 day after the date of the enactment of this Act, the Secretary shall resume all projects relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico that were underway, or being planned for, prior to January 20, 2021.

(2) No cancellations.--The Secretary may not cancel any contract for activities related to the construction of the border barrier system that was entered into on or before January 20, 2021.

(3) Use of funds.--To carry out this section, the Secretary shall expend all funds that were appropriated or explicitly obligated for the construction of the border barrier system on or after October 1, 2016.

(c) Uphold Negotiated Agreements.--The Secretary shall ensure that all agreements entered into before January 20, 2021, that were executed in writing between the Department and any State, local, or Tribal government, private citizen, or other stakeholder are honored by the Department relating to current and future construction of the border barrier system in accordance with such agreements.

(d) Availability of Funds.--Notwithstanding any other provision of law, any amount appropriated or otherwise made available during fiscal year 2018, 2019, 2020, or 2021 for any project relating to the construction of physical barriers, tactical infrastructure, and technology along the southern border shall remain available until expended.

(e) Use of Funds.--Any amounts appropriated or otherwise made available for fiscal year 2021 that remain available pursuant to subsection (d) may only be used for barriers, technology, or roads that--

(1) use--

(A) operationally effective designs deployed as of the date of enactment of the Consolidated Appropriations Act, 2017

(Public Law 115-31), such as currently deployed steel bollard designs, that prioritize agent safety; or

(B) operationally effective adaptations of such designs that help mitigate community or environmental impacts of barrier system construction, including adaptations based on consultation with jurisdictions within which barrier system will be constructed; and

(2) are constructed in the highest priority locations as identified in the Border Security Improvement Plan.

SEC. 5. IMPROVING THE REQUIREMENTS FOR BARRIERS ALONG THE

SOUTHERN BORDER.

(a) In General.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended--

(1) in subsection (a), by striking ``to install'' and all that follows and inserting ``(including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational control of the border and deter, impede, and detect illegal activity in high traffic areas.'';

(2) in subsection (b)--

(A) in the subsection heading, by striking ``Fencing and Road Improvements'' and inserting ``Physical Barriers'';

(B) in paragraph (1)--

(i) in subparagraph (A)--

(I) by striking ``subsection (a)'' and inserting ``this section''; and

(II) by striking ``roads, lighting, cameras, and sensors to gain'' and inserting ``tactical infrastructure, and technology to achieve situational awareness and'';

(ii) by amending subparagraph (B) to read as follows:

``(B) Physical barriers and tactical infrastructure.--The Secretary, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border.'';

(iii) in subparagraph (C)--

(I) in clause (i)--

(aa) by striking ``the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and'' and inserting ``appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private''; and

(bb) by striking ``fencing is'' and inserting ``physical barriers are''; and

(II) in clause (ii)--

(aa) in subclause (I), by striking ``or'' after the semicolon at the end;

(bb) by amending subclause (II) to read as follows:

``(II) delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or''; and

(cc) by adding at the end the following:

``(III) create any right or liability for any party.''; and

(iv) by striking subparagraph (D);

(C) in paragraph (2)--

(i) by striking ``Attorney General'' and inserting

``Secretary of Homeland Security''; and

(ii) by striking ``this subsection and shall commence construction of fences'' and inserting ``this section and shall commence the construction of physical barriers'';

(D) by amending paragraph (3) to read as follows:

``(3) Agent safety.--In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines, in consultation with the labor organization representing agents of U.S. Border Patrol, are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology.''; and

(E) in paragraph (4), by striking ``this subsection'' and inserting ``this section'';

(3) by striking subsection (c);

(4) by inserting after subsection (b) the following:

``(c) Technology.--In carrying out this section, the Secretary of Homeland Security shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational control of the border.''; and

(5) by adding at the end the following:

``(e) Definitions.--In this section:

``(1) Advanced unattended surveillance sensors.--The term

`advanced unattended surveillance sensors' means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission.

``(2) High traffic areas.--The term `high traffic areas' means areas in the vicinity of the United States border that--

``(A) are within the responsibility of U.S. Customs and Border Protection; and

``(B) have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security.

``(3) Operational control.--The term `operational control' has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).

``(4) Physical barriers.--The term `physical barriers' includes reinforced fencing, the border barrier system, and levee walls.

``(5) Situational awareness.--The term `situational awareness' has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).

``(6) Tactical infrastructure.--The term `tactical infrastructure' includes boat ramps, access gates, checkpoints, lighting, and roads.

``(7) Technology.--The term `technology' means border surveillance and detection technology, including--

``(A) tower-based surveillance technology;

``(B) deployable, lighter-than-air ground surveillance equipment;

``(C) Vehicle and Dismount Exploitation Radars (VADER);

``(D) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology;

``(E) advanced unattended surveillance sensors;

``(F) mobile vehicle-mounted and man-portable surveillance capabilities;

``(G) unmanned aircraft systems; and

``(H) other border detection, communication, and surveillance technology.

``(8) Unmanned aircraft system.--The term `unmanned aircraft system' has the meaning given such term in section 44801(12) of title 49, United States Code.''.

(b) Existing Waivers Not Affected.--A waiver issued by the Secretary of Homeland Security pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note) that was published in the Federal Register before the date of the enactment of this Act shall not be affected by the amendment made by subsection (a).

SEC. 6. RECODIFYING THE SECRETARY OF HOMELAND SECURITY'S

WAIVER AUTHORITY; ADDING PREVIOUSLY WAIVED

LEGAL REQUIREMENTS.

(a) In General.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following:

``(h) Waiver Authority.--

``(1) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements that the Secretary determines necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, and operation of the physical barriers, tactical infrastructure, and technology under this section and section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note). Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register.

``(2) Notification.--Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such waiver.

``(3) Federal court review.--

``(A) In general.--The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph.

``(B) Time for filing of complaint.--Any cause or claim brought pursuant to subparagraph (A) shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim shall be barred unless it is filed within the time specified.

``(C) Ability to seek appellate review.--An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States.

``(4) Previously waived legal requirements.--

``(A) In general.--Any project relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico shall be exempt from any law or regulation referred to in subparagraph (B).

``(B) Elements.--The laws and regulations referred to in this subparagraph are--

``(i) an Act to facilitate the work of the Forest Service

(Public Law 87-869);

``(ii) subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the `Administrative Procedure Act');

``(iii) the Arizona Desert Wilderness Act (6 U.S.C. 460ddd et seq.);

``(iv) the Arizona-Idaho Conservation Act of 1988 (Public Law 100-696);

``(v) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)

(commonly known as the `Bald and Golden Eagle Protection Act');

``(vi) the Clean Air Act (42 U.S.C. 7401 et seq.);

``(vii) the Federal Water Pollution Control Act (33 U.S.C. 1151 et seq.) (commonly known as the `Clean Water Act');

``(viii) the Coastal Zone Management Act (16 U.S.C. 1451 et seq.);

``(ix) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

``(x) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

``(xi) the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.);

``(xii) the Federal Cave Resources Protection Act of 1988

(16 U.S.C. 4301 et seq.);

``(xiii) chapter 63 of title 31, United States Code

(originally enacted as the `Federal Grants and Cooperative Agreements Act of 1977');

``(xiv) the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.);

``(xv) the Fish and Wildlife Coordination Act (16 U.S.C. 662 et seq.);

``(xvi) the Migratory Bird Conservation Act of 1929 (16 U.S.C. 715 et seq.);

``(xvii) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

``(xviii) the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65);

``(xix) the Act of June 12, 1960 (Public Law 86-517; 16 U.S.C. 528 et seq.) (commonly known as the `Multiple-Use and Sustained-Yield Act of 1960');

``(xx) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

``(xxi) the National Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.);

``(xxii) the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.);

``(xxiii) the National Historic Preservation Act (16 U.S.C. 470 et seq.);

``(xxiv) the National Parks and Recreation Act of 1978

(Public Law 95-625);

``(xxv) the National Trails System Act (16 U.S.C. 1241 et seq.);

``(xxvi) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.);

``(xxvii) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);

``(xxviii) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.);

``(xxix) the Otay Mountain Wilderness Act of 1999 (Public Law 106-145);

``(xxx) subtitle D of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 470aaa et seq.) (commonly known as the `Paleontological Resources Preservation Act');

``(xxxi) section 10 of the Act of August 4, 1939 (43 U.S.C. 387) (commonly known as the `Reclamation Project Act of 1939');

``(xxxii) the Act of March 3, 1899 (30 Stat. 1121, chapter 425; (33 U.S.C. 403 et seq.) (commonly known as the `Rivers and Harbors Act of 1899');

``(xxxiii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

``(xxxiv) the Sikes Act (16 U.S.C. 670 et seq.);

``(xxxv) the Small Business Act (15 U.S.C. 631 et seq.);

``(xxxvi) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the `Resource Conservation and Recovery Act of 1976');

``(xxxvii) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);

``(xxxviii) the Act of December 15, 1971 (16 U.S.C. 1331 et seq.) (commonly known as the `Wild Free-Roaming Horses and Burros Act of 1971');

``(xxxix) the Wilderness Act (16 U.S.C. 1131 et seq.);

``(xl) sections 2304, 2304c, 2305, 2505a, and 2306a of title 10, United States Code;

``(xli) section 550 of title 40, United States Code;

``(xlii) title 41, United States Code;

``(xliii) sections 100101(a), 100751(a), and 102101 of title 54, United States Code;

``(xliv) chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, and 3203 of title 54, United States Code;

``(xlv) division A of subtitle III of title 54, United States Code;

``(xlvi) part 125 of title 13, Code of Federal Regulations; and

``(xlvii) sections 16.504, 16.505, 17.205, 17.207, 22.404, 22.404-5, and 28.102-1 of title 48, Code of Federal Regulations.

``(5) Definitions.--In this subsection, the terms `physical barriers', `tactical infrastructure', and `technology' have the meanings given such terms in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note).''.

(b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 103 and inserting the following:

``Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General.''.

SEC. 7. PROHIBITION AGAINST USE OF FUNDS TO IMPLEMENT OR

ENFORCE PRESIDENTIAL PROCLAMATION 10142.

No funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of any Federal agency by any Act of Congress for any fiscal year, may be used to implement or enforce Presidential Proclamation 10142 of January 20, 2021 (86 Fed. Reg. 7225).

______

SA 32. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 3. EFFECTIVE DATE.

The repeals under sections 1 and 2 shall take effect on the date on which the President has rescinded a determination of the Secretary of State that the Government of Iran has repeatedly provided support for acts of international terrorism by submitting--

(1) a report in accordance with section 1754(c)(4) of the Exports Controls Act of 2018 (50 U.S.C. 4813(c)(4)) with respect to the Government of Iran;

(2) a report in accordance with section 40(f) of the Arms Export Control Act (22 U.S.C. 2780(f)) with respect to the Government of Iran; and

(3) a report in accordance with section 620A(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(c)) with respect to the Government of Iran.

______

SA 33. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

Strike section 2 and insert the following:

SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE

AGAINST IRAQ RESOLUTION OF 2022.

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed 30 days after the Director of National Intelligence certifies in an intelligence assessment to Congress that repeal will not degrade the effectiveness of United States-led deterrence against Iranian aggression.

SEC. 3. RULE OF CONSTRUCTION REGARDING ABILITY TO COUNTER

ATTACKS BY IRAN AND ITS PROXY FORCES.

Nothing in this Act shall be construed to restrict the ability of the United States to respond rapidly and decisively to threats by the Government of Iran or its proxy forces against United States facilities or persons, or those of United States allies and partners, as appropriate under the authorities provided to the President in Article II of the Constitution.

______

SA 34. Mr. HAGERTY submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

On page 2, line 10, insert ``30 days after the Director of National Intelligence certifies in an intelligence assessment to Congress that Iranian leadership will not perceive such repeal as weakening United States strength in the region'' after ``hereby repealed''.

______

SA 35. Mr. HAGERTY submitted an amendment intended to be proposed by him to the bill S. 316, to repeal the authorizations for use of military force against Iraq; which was ordered to lie on the table; as follows:

On page 2, line 10, insert ``30 days after the Director of National Intelligence certifies in an intelligence assessment to Congress that China's malign influence in the region will not be advantaged as a result of such repeal'' after ``hereby repealed''.

____________________

SOURCE: Congressional Record Vol. 169, No. 51

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