Ron Johnson
Senator for Wisconsin · Republican · United States
“(b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the entities referred to in subsection (a), shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and make publicly…”
“``(4) Unclassified form.--Each briefing required under paragraph (1) shall be in unclassified form but may be accompanied by an additional classified briefing.”
“(c) Terms and Conditions of the Conveyance.-- (1) Requirements.--The conveyance under subsection (a) shall be-- (A) subject to valid existing rights; (B) made by quitclaim deed; and (C) subject to such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.”
“(h) Terms and Conditions.--For fiscal year 2027, and each fiscal year thereafter, standard employee compensation, and payments to covered contractors, provided by an agency using amounts provided under subsection (b) shall be subject to the requirements, authorities, conditions, and limitations applicable with respect to the provision of…”
“(b) Eligibility for Investigational Individualized Medical Treatment.--Section [[Page S3836]] 561B of such Act (21 U.S.C. 360bbb-0a) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (2) by inserting after subsection (a) the following: ``(b) Eligibility for Investigational Indi…”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Page S3835] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6633. Mr.”
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“(k) Agency Activities.-- (1) In general.--Covered employees and employees of covered contractors shall perform their typical duties to the maximum extent practicable during a lapse in regular appropriations. (2) Other obligations or expenditures.--This section does not authorize or necessarily imply that an agency or employee may incur any obligations or expenditures that are not explicitly authorized by this section. ______”
“2680) and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). (j) Rules of Construction.-- (1) Standard employee compensation.--This section shall be construed to provide each covered employee with standard employee compensation for the period of the lapse in regular appropriations as if the covered employee was performing the duties of the covered employee during the lapse in regular appropriations. (2) No change in agency responsibilities.--Nothing in this section may be construed to require an agency to take any action that the agency is not required to take under the terms of a contract with a covered contractor during any period during which there is not a lapse in regular appropriations.”
“(h) Terms and Conditions.--For fiscal year 2027, and each fiscal year thereafter, standard employee compensation, and payments to covered contractors, provided by an agency using amounts provided under subsection (b) shall be subject to the requirements, authorities, conditions, and limitations applicable with respect to the provision of standard employee compensation, or payment to covered contractors, respectively, by the agency under the Act that provided appropriations for the agency to provide standard employee compensation, or payment to covered contractors, respectively, immediately before the lapse in regular appropriations. (i) Authorization to Obligate and Expend Funds.--Funds appropriated by this section may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C.”
“(f) Charging to Future Appropriations.--Expenditures made pursuant to subsection (b) shall be charged to the applicable appropriation, fund, or authorization whenever an Act in which such applicable appropriation, fund, or authorization is included is enacted into law. (g) Limitation on Transfer Authority.--Notwithstanding any other provision of law (including any appropriation Act), the amounts provided under subsection (b)-- (1) shall be available solely for a purpose described in subparagraph (A) or (B) of subsection (b)(1); and (2) may not be transferred, reprogrammed, obligated, or expended for any other purpose.”
“(d) Limitation to Individuals Affected by a Shutdown.-- Amounts provided under subsection (b) may not be used for a purpose described in subparagraph (A) or (B) of subsection (b)(1) for any portion of a lapse in regular appropriations for which a covered employee is provided with standard employee compensation, or a covered contractor is provided payment for performance of the applicable contract, respectively, using amounts other than amounts provided under subsection (b). (e) Interim Continuing Appropriations.--Appropriations made available under subsection (b) may not be obligated by the head of an agency during any period during which continuing appropriations for the purposes for which amounts are made available under subsection (b) are in effect for the agency.”
“(c) Termination.--Appropriations and funds made available and authority granted under subsection (b) shall be available to the head of an agency until whichever of the following first occurs: (1) The enactment into law of appropriations for the agency until the end of the applicable fiscal year (including a continuing appropriation) that provide amounts for the purposes for which amounts are made available under subsection (b). (2) The enactment into law of appropriations for the agency until the end of the applicable fiscal year (including a continuing appropriation) without any appropriation for such purposes.”
“(2) Agency requirement.--The head of each agency to whom amounts are made available under paragraph (1) shall provide standard employee compensation to covered employees of the agency-- (A) if there is a lapse in regular appropriations ongoing on the date of enactment of this Act, as soon as is practicable, but not later than 7 days after the date of enactment of this Act, without regard to-- (i) scheduled pay dates; or (ii) whether the covered employee was subject to furlough during such period; and (B) with respect to any period of a lapse in regular appropriations beginning on or after the date of enactment of this Act, on the regularly scheduled pay dates of the covered employees.”
“(b) Appropriations.-- (1) In general.--For fiscal year 2027, and any fiscal year thereafter, for any lapse in regular appropriations with respect to an agency, there are appropriated to the head of the agency, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to provide-- (A) standard employee compensation to covered employees of the agency with respect to the period of the lapse in regular appropriations; and [[Page S3845]] (B) payment to covered contractors with respect to work that those covered contractors are required to perform for the agency during the period of the lapse in regular appropriations, pursuant to the terms of applicable contracts with those covered contractors.”
“APPROPRIATIONS FOR PAY AND ALLOWANCES OF FEDERAL EMPLOYEES, CONTRACT EMPLOYEES, AND MEMBERS OF THE UNIFORMED SERVICES. (a) Definitions.--In this section-- (1) the term ``agency''-- (A) means each authority of the executive, legislative, or judicial branch of the Government of the United States; and (B) includes each element of the District of Columbia public employer, as defined in section 1341(c) of title 31, United States Code; (2) the term ``covered contractor'' means a contractor-- (A) with which an agency has a contract; and (B) that, under the contract described in subparagraph (A)-- (i) provides support to an employee described in paragraph (3)(A); and (ii) is required to perform work during a lapse in regular appropriations with respect to the agency to which the contractor provides support, as described in clause (i), based on a determination by the head of that agency that incurring an obligation to pay for that support in advance of available appropriations would be permissible under applicable law, including section 1341 of title 31, United States Code; (3) the term ``covered employee''-- (A) means each employee of an agency, without regard to whether, for any portion of the period beginning on October 1, 2025, and ending on the date of enactment of this Act-- (i) the head of that agency determined that the individual was an excepted employee or an employee performing emergency work; or (ii) the individual was subject to furlough; (B) includes-- (i) a member of the uniformed services on active duty; and (ii) a member of a reserve component who, during a lapse in regular appropriations with respect to the applicable agency, performs active service or inactive duty training; and (C) only includes an individual described in subparagraph (A) or (B) who was an employee or member on, or had accepted an offer of employment with the agency or had enlisted in or accepted an appointment to the uniformed services (including a reserve component) on or before, the day before the date on which the applicable lapse in regular appropriations began; (4) the term ``lapse in regular appropriations'', with respect to an agency, means any period during which interim or full-year appropriations for the applicable fiscal year are not in effect for the agency; and (5) the term ``standard employee compensation'' means, with respect to a covered employee, the standard rate of basic pay, allowances, pay differentials, benefits, and other payments otherwise payable on a regular basis to the covered employee.”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Pages S3844-S3845] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6641. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___.”
“1 to part 740 of the Export Administration Regulations, particularly with respect to alignment of export control policies with such policies of the United States. (d) Export Administration Regulations Defined.--In this section, the term ``Export Administration Regulations'' has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). ______”
“(b) Eligibility for Strategic Trade Authorization.--The President, consistent with the commitments of the United States under international arrangements, shall take steps so that Taiwan may be treated as if it were included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of the Export Administration Regulations to the requirement for a license for the export, re-export, or in-country transfer of an item subject to controls under the Export Administration Regulations. (c) Criteria.--Before the President may treat Taiwan as eligible for the exception described in subsection (b), the President shall ensure that Taiwan satisfies any applicable criteria normally required for inclusion in the Country Group A:5 list set forth in Supplement No.”
“ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS. (a) Findings.--Congress makes the following findings: (1) Taiwan has adopted high standards in the field of export controls. (2) Taiwan has declared its unilateral adherence to the Missile Technology Control Regime, the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers Group. (3) At the request of President George W. Bush, section 1206 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that Taiwan be treated as if it were designated as a major non- NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q)).”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Page S3836] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6637. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title XII, add the following: SEC. 1252.”
“360bbb-0a) is amended-- (1) in the section heading, by inserting ``and investigational individualized medical treatments'' after ``drugs''; and (2) in subsection (e)(2), as redesignated by subsection (b)(1) of this section-- (A) in subparagraph (A), by striking ``subsection (c)(1)(A)'' and inserting ``subsection (d)(1)(A)''; and (B) in subparagraph (B), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''. ______”
“A manufacturer of an investigational individualized medical treatment is not required to make available such treatment to any patient.''. (c) Exemptions.--Section 561B(c) of such Act (21 U.S.C. 360bbb-0a(c)), as redesignated by subsection (b)(1) of this section, is amended-- (1) by inserting ``and investigational individualized medical treatments'' after ``Eligible investigational drugs''; (2) by inserting ``or investigational individualized medical treatment'' after ``such eligible investigational drug''; (3) by inserting ``or investigational individualized medical treatment'' after ``an eligible investigational drug''; and (4) by inserting ``or investigational individualized medical treatments'' after ``investigational drugs''. (d) Conforming Amendments.--Section 561B of such Act (21 U.S.C.”
“(b) Eligibility for Investigational Individualized Medical Treatment.--Section [[Page S3836]] 561B of such Act (21 U.S.C. 360bbb-0a) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (2) by inserting after subsection (a) the following: ``(b) Eligibility for Investigational Individualized Medical Treatment.--A manufacturer of an investigational individualized medical treatment that is in compliance with all applicable Federal assurance laws and regulations and is operating within an eligible health care facility may make available such investigational individualized medical treatment, and an eligible patient may request access to such treatment from the eligible health care facility or manufacturer of such treatment, consistent with the requirements of this section.”
“360bbb-0a(a)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) the term `eligible patient' means-- ``(A) in the case of a patient requesting an eligible investigational drug, a patient who has-- ``(i) been diagnosed with a life-threatening disease or condition (as defined in section 312.81 of title 21, Code of Federal Regulations (or any successor regulations)); ``(ii) exhausted approved treatment options and is unable to participate in a clinical trial involving the eligible investigational drug, as certified by a physician, who-- ``(I) is in good standing with the physician's licensing organization or board; and ``(II) will not be compensated directly by the manufacturer of such drug for so certifying; and ``(iii) provided to the treating physician written informed consent regarding the eligible investigational drug, or, as applicable, on whose behalf a legally authorized representative of the patient has provided such consent; or ``(B) in the case of a patient requesting an investigational individualized medical treatment, a patient who has-- ``(i) been diagnosed with a life-threatening disease or condition or severely debilitating illness (as such terms are defined in section 312.81 of title 21, Code of Federal Regulations (or any successor regulations)); ``(ii) considered approved treatment options, as certified by a physician, who-- ``(I) is in good standing with the physician's licensing organization or board; ``(II) will not be compensated directly by the manufacturer of such treatment for so certifying; and ``(III) attests to the patient's life-threatening disease or condition or severely debilitating illness; and ``(iii) provided to the treating physician-- ``(I) written informed consent regarding the eligible investigational drug or, as applicable, on whose behalf a legally authorized representative of the patient has provided such consent; or ``(II) as applicable, additional informed consent, regarding the investigational individualized medical treatment, or, as applicable, on whose behalf a legally authorized representative of the patient has provided such consent;''; and (2) in paragraph (2)(D), by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(4) the term `eligible health care facility' means a health care facility that is operating under the Federal assurance for protection of human subjects pursuant to section 491(a) of the Public Health Service Act; ``(5) the term `investigational individualized medical treatment' means a drug or biological product for the patient based on an analysis of the patient's unique genomic profile, including their genomic sequence, human chromosomes, deoxyribonucleic acid, genes, gene products (such as enzymes and other types of proteins), or metabolites; and ``(6) the term `additional informed consent' means consent attested to in writing by the patient's physician and a witness for an investigational individualized medical treatment that includes-- ``(A) an explanation of the currently approved treatments for the patient's disease or condition; ``(B) the patient's attestation that the patient concurs with the assessment of their physician that all currently approved and conventionally recognized treatments are unlikely to prolong or improve their life; ``(C) clear identification of the specific proposed investigational individualized medical treatment the patient's physician recommends; and ``(D) a description, based on the physician's knowledge of the proposed treatment and the patient's disease, of the potential outcomes of the treatment.''.”
“USE OF INVESTIGATIONAL INDIVIDUALIZED MEDICAL TREATMENTS BY PATIENTS DIAGNOSED WITH A LIFE- THREATENING DISEASE OR CONDITION OR SEVERELY DEBILITATING ILLNESS. (a) Definitions.--Section 561B(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Pages S3835-S3836] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6636. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 10___.”
“(b) Rule of Construction.--Nothing in this section shall be construed to affect any Federal law, rule, regulation, or policy that restricts abortion, assisted suicide, euthanasia, mercy killing, coercive family planning, female genital mutilation, or gender transition medical interventions. ______”
“(a) In General.--Subject to subsection (b) and notwithstanding any other provision of law-- (1) no Federal agency, including the Food and Drug Administration, the National Institutes of Health, and the Centers for Disease Control and Prevention, shall have the authority to regulate the practice of medicine; and (2) no Federal law, rule, regulation, or policy shall prohibit or restrict the prescription or disbursement for an unapproved use of any drug that is approved by the Food and Drug Administration, or that is available pursuant to section 561B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-0a).”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Page S3835] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6635. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in subtitle G of title X, insert the following: SEC. __. RIGHT TO TREAT ACT.”
“The Secretary of Health and Human Services shall seek to enter into an agreement with the RAND Corporation under which the RAND Corporation-- (1) studies-- (A) the extent to which drug manufacturers use foreign sources for precursor chemicals and active pharmaceutical ingredients for the manufacture of drugs for the United States market; and (B) any statutory, regulatory, or other barriers to domestic production of such chemicals and ingredients; and (2) submits a report on such study to the Secretary of Health and Human Services. ______”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Page S3835] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6634. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 10__. STUDY ON PHARMACEUTICAL INGREDIENTS.”
“(a) In General.--Not later than 60 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service shall reissue the final rule entitled ``Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife'' (85 Fed. Reg. 69778 (November 3, 2020)). (b) No Judicial Review.--Reissuance of the final rule described in subsection (a) shall not be subject to judicial review. ______”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Page S3835] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6633. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 1__. REISSUANCE OF RULE REMOVING THE GRAY WOLF FROM THE LIST OF ENDANGERED AND THREATENED WILDLIFE.”
“(5) Rescinded guidance documents.--On the date on which a guidance document issued by an agency is rescinded, or, in the case of a guidance document that is rescinded pursuant to a court order, not later than the date on which the order is entered, the agency shall, at the location described in paragraph (3)(A)-- (A) maintain the rescinded guidance document; and (B) indicate-- (i) that the guidance document is rescinded; (ii) if the guidance document was rescinded pursuant to a court order, the case number of the case in which the order was entered; and (iii) the date on which the guidance document was rescinded. ______”
“(ii) Agency internet websites.--The hyperlinks described in subparagraph (B) shall be prominently displayed on the internet website of the agency. (D) Designation.--Not later than 90 days after the date of enactment of this Act, the Director shall designate an internet website on which guidance documents shall be published under paragraphs (1) and (2). (4) Documents and information exempt from disclosure under foia.--If a guidance document issued by an agency is a document that is exempt from disclosure under section 552(b) of title 5, United States Code (commonly known as the ``Freedom of Information Act''), or contains information that is exempt from disclosure under that section, that document or information, as the case may be, shall not be subject to the requirements under this section.”
“(3) Single location.-- (A) In general.--All guidance documents published under paragraphs (1) and (2) by an agency shall be published in a single location on an internet website designated by the Director under subparagraph (D). (B) Agency internet websites.--Each agency shall, for guidance documents published by the agency under paragraphs (1) and (2), publish a hyperlink on the internet website of the agency that provides access to the guidance documents at the location described in subparagraph (A). (C) Organization.-- (i) In general.--The guidance documents described in subparagraph (A) shall be-- [[Page S3835]] (I) categorized as guidance documents; and (II) further divided into subcategories as appropriate.”
“(B) Rule of construction.--The term ``guidance document''-- (i) shall be construed broadly to effectuate the purpose and intent of this section; and (ii) shall not be limited to the items described in subparagraph (A)(ii). (c) Publication of Guidance Documents on the Internet.-- (1) In general.--Subject to paragraph (4), on the date on which an agency issues a guidance document, the agency shall publish the guidance document in accordance with the requirements under paragraph (3). (2) Previously issued guidance documents.--Subject to paragraph (4), not later than 180 days after the date of enactment of this Act, each agency shall publish, in accordance with the requirements under paragraph (3), any guidance document issued by that agency that is in effect on that date.”
“(3) Guidance document.-- (A) Definition.--The term ``guidance document''-- (i) means an agency statement of general applicability (other than a rule that has the force and effect of law promulgated in accordance with the notice and comment procedures under section 553 of title 5, United States Code) that-- (I) does not have the force and effect of law; and (II) is designated by an agency official as setting forth-- (aa) a policy on a statutory, regulatory, or technical issue; or (bb) an interpretation of a statutory or regulatory issue; and (ii) may include-- (I) a memorandum; (II) a notice; (III) a bulletin; (IV) a directive; (V) a news release; (VI) a letter; (VII) a blog post; (VIII) a no-action letter; (IX) a speech by an agency official; and (X) any combination of the items described in subclauses (I) through (IX).”
“(a) Short Title.--This section may be cited as the ``Guidance Out Of Darkness Act'' or the ``GOOD Act''. (b) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget.”
“Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Pages S3834-S3835] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6632. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title X, insert the following: SEC. ___. GOOD ACT.”
“``(n) Termination.--The authority provided by subsection (b) shall terminate on the date that is 4 years after the date of the enactment of this section. ``(o) Scope of Authority.--Nothing in this section shall be construed to provide the Secretary of State with additional authorities beyond those described in subsection (b).''. ______”
“``(4) Unclassified form.--Each briefing required under paragraph (1) shall be in unclassified form but may be accompanied by an additional classified briefing. ``(m) Rule of Construction.--Nothing in this section shall be construed to-- ``(1) vest in the Secretary of State any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; ``(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of State; or ``(3) provide a new basis of liability with respect to an officer of a State, local, Tribal, or territorial law enforcement agency who participates in a security or protection operation of the Department of State and in so doing-- ``(A) is acting in the official capacity of the individual as an officer; and ``(B) does not exercise the authority granted to the Secretary of State by this section.”
“``(3) Content.--Each briefing required under paragraph (1) shall include-- ``(A) policies, programs, and procedures to mitigate or eliminate impacts of activities carried out pursuant to this section to the national airspace system and other critical infrastructure relating to national transportation; ``(B) a description of-- ``(i) each instance in which any action described in subsection (c) has been taken, including any instances that may have resulted in harm, damage, or loss to a person or to private property; ``(ii) the guidance, policies, or procedures established by the Secretary of State to address privacy, civil rights, and civil liberties issues implicated by the actions permitted under this section, as well as any changes or subsequent efforts by the Secretary of State that would significantly affect privacy, civil rights, or civil liberties; ``(iii) options considered and steps taken by the Secretary of State to mitigate any identified impacts to the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c); and ``(iv) each instance in which a communication intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft was-- ``(I) held in the possession of the Department of State for more than 180 days; or ``(II) shared with any entity other than the Department of State; ``(C) an explanation of how the Secretary of State and the Secretary of Transportation have-- ``(i) informed the public as to the possible use of authorities granted under this section; and ``(ii) engaged with Federal, State, local, Tribal, and territorial law enforcement agencies to implement and use authorities granted under this section; and ``(D) a description of the impact of the authorities granted under this section on-- ``(i) lawful operator access to national airspace; and ``(ii) unmanned aircraft systems and unmanned aircraft integration into the national airspace system.”
“``(C) Agreements.--To implement the requirements of subsection (a)(3)(C), the Secretary of State may enter into 1 or more agreements with the head of another executive agency or with an appropriate official of a non-Federal public or private agency or entity, as may be necessary and proper to carry out the responsibilities of the Secretary of State under this section. ``(l) Semiannual Briefings and Notifications.-- ``(1) In general.--On a semiannual basis beginning 180 days after the date of the enactment of this section, the Secretary of State shall provide a briefing to the appropriate committees of Congress on the activities carried out pursuant to this section. ``(2) Requirement.--The Secretary of State shall conduct the briefing required under paragraph (1) jointly with the Secretary of Transportation.”
“``(k) Assistance and Support.-- ``(1) Facilities and services of other agencies and non- federal entities.-- ``(A) In general.--The Secretary of State is authorized to use or accept from any other Federal agency, or any other public or private entity, any supply or service to facilitate or carry out any action described in subsection (c). ``(B) Reimbursement.--In accordance with subparagraph (A), the Secretary of State may accept any supply or service with or without reimbursement to the entity providing the supply or service and notwithstanding any provision of law that would prevent the use or acceptance of the supply or service.”
“``(j) Public Disclosures.-- ``(1) In general.--Information shall be governed by the disclosure obligations set forth in section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'), if the information relates to-- ``(A) any capability, limitation, or sensitive detail of the operation of any technology used to carry out an action described in subsection (c); or ``(B) an operational procedure or protocol used to carry out this section. ``(2) Access.--Any request for public access to information described in paragraph (1) shall be submitted to the Department of State, which shall process the request as required under section 552(a)(3) of title 5, United States Code.”
“``(i) Budget.-- ``(1) In general.--The Secretary of State shall submit to Congress, as a part of the budget materials of the Department of State for each fiscal year after fiscal year 2023, a consolidated funding display that identifies the funding source for the actions described in subsection (c) within the Department of State. ``(2) Classification.--Each funding display submitted under paragraph (1) shall be in unclassified form but may contain a classified annex.”
“``(h) Privacy Protection.-- ``(1) In general.--Any regulation or guidance issued to carry out an action under subsection (c) by the Secretary of State shall ensure for the Department of State, that-- ``(A) the interception of, acquisition of, access to, maintenance of, or use of any communication to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and any applicable provision of Federal law; ``(B) any communication to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (c); ``(C) any record of a communication described in subparagraph (B) is maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary of State determines that maintenance of the record is-- ``(i) required under Federal law; ``(ii) necessary for the purpose of litigation; and ``(iii) necessary to investigate or prosecute a violation of law, including by-- ``(I) directly supporting an ongoing security operation; or ``(II) protecting against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; and ``(D) a communication described in subparagraph (B) is not disclosed to any person not employed or contracted by the Department of State unless the disclosure-- ``(i) is necessary to investigate or prosecute a violation of law; ``(ii) will support-- ``(I) the Department of Defense; ``(II) a Federal law enforcement, intelligence, or security agency; ``(III) a State, local, Tribal, or territorial law enforcement agency; or ``(IV) another relevant entity or person if the entity or person is engaged in a security or protection operation; [[Page S3834]] ``(iii) is necessary to support a department or agency listed in clause (ii) in investigating or prosecuting a violation of law; ``(iv) will support the enforcement activities of a Federal regulatory agency relating to a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (c); ``(v) is between the Department of State and a Federal law enforcement agency in the course of a security or protection operation of either agency or a joint operation of such agencies; or ``(vi) is otherwise required by law.”
“``(3) Coordination with the faa.--The Secretary of State shall coordinate the development of guidance under subsection (f) with the Secretary of Transportation (through the Administrator of the Federal Aviation Administration). ``(4) Coordination with the department of transportation and national telecommunications and information administration.--The Secretary of State shall coordinate the development of the actions described in subsection (c) with the Secretary of Transportation (through the Administrator of the Federal Aviation Administration) and the Assistant Secretary of Commerce for Communications and Information and Administrator of the National Telecommunications and Information Administration.”
“``(2) Guidance.--Before issuing any guidance, or otherwise implementing this section, the Secretary of State shall, coordinate with-- ``(A) the Secretary of Transportation in order that the Secretary of Transportation may ensure the guidance or implementation does not adversely impact or interfere with any critical infrastructure relating to transportation; and ``(B) the Administrator of the Federal Aviation Administration in order that the Administrator may ensure the guidance or implementation does not adversely impact or interfere with-- ``(i) safe airport operations; ``(ii) navigation; ``(iii) air traffic services; or ``(iv) the safe and efficient operation of the national airspace system.”
“``(g) Coordination.-- ``(1) In general.--The Secretary of State shall coordinate with the Administrator of the Federal Aviation Administration before carrying out any action authorized under this section in order that the Administrator may ensure the action does not adversely impact or interfere with-- ``(A) safe airport operations; ``(B) navigation; ``(C) air traffic services; or ``(D) the safe and efficient operation of the national airspace system.”
“``(e) Forfeiture.--Any unmanned aircraft system or unmanned aircraft that is seized by the Secretary of State pursuant to subsection (b) is subject to forfeiture to the United States pursuant to the provisions of chapter 46 of title 18, United States Code. ``(f) Regulations and Guidance.--The Secretary of State, and the Secretary of Transportation-- ``(1) may prescribe regulations to carry out this section; and ``(2) in developing regulations described in paragraph (1), consult the Chair of the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, and the Administrator of the Federal Aviation Administration.”
“``(B) Coordination.--Personnel and contractors who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to subparagraph (A). ``(2) Coordination for research, testing, training, and evaluation.--The Secretary of State shall coordinate procedures governing research, testing, training, and evaluation to carry out any provision under this subsection with the Administrator of the Federal Aviation Administration before initiating such activity in order that the Administrator of the Federal Aviation Administration may ensure the activity does not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.”
“``(2) Temporary flight restrictions.--A temporary flight restriction shall be timely published prior to undertaking any actions described in paragraph (1). ``(d) Research, Testing, Training, and Evaluation.-- ``(1) Requirement.-- ``(A) In general.--Notwithstanding section 46502 of title 49, United States Code, or any provision of title 18, United States Code, the Secretary of State shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment in carrying out any action described in subsection (c).”
“``(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent of the operator of the unmanned aircraft system or unmanned aircraft, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. ``(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. ``(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. ``(F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.”
“``(c) Actions Described.-- ``(1) In general.--The actions authorized by subsection (b) are the following: ``(A) During the operation of the unmanned aircraft system or unmanned aircraft, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. ``(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect, physical, electronic, radio, and electromagnetic means.”