[Congressional Record Volume 167, Number 164 (Wednesday, September 22, 2021)]
[House]
[Pages H4880-H5078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
The SPEAKER pro tempore (Mr. Espaillat). Pursuant to clause 1(c) of
rule XIX, further consideration of the bill (H.R. 4350) to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes, will now resume.
The Clerk read the title of the bill.
Amendment No. 5 Offered by Ms. Dean
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment 5, printed in part C
of House Report 117-125, on which further proceedings were postponed
and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from Pennsylvania (Ms. Dean).
The vote was taken by electronic device, and there were--yeas 219,
nays 204, not voting 8, as follows:
[Roll No. 269]
YEAS--219
Adams
Aguilar
Allred
Axne
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gaetz
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--204
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
[[Page H4881]]
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
Lamborn
Latta
LaTurner
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--8
Auchincloss
Bass
Gohmert
LaMalfa
Leger Fernandez
Lesko
Rogers (AL)
Waters
{time} 1311
Messrs. DIAZ-BALART and McHENRY changed their vote from ``yea'' to
``nay.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. AUCHINCLOSS. Mr. Speaker, on Wednesday, September 22, 2021, I was
unable to vote. Had I been present, I would have voted: ``Yea'' on
rollcall vote 269, on agreeing to Amendment No. 5 offered by Rep. Dean
printed in H. Rept. 117-125.
MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS
Cardenas (Gomez)
Carter (TX) (Calvert)
DeSaulnier (Matsui)
Frankel, Lois (Clark (MA))
Fulcher (Johnson (OH))
Gonzalez (OH)
(Reschenthaler)
Grijalva (Garcia (IL))
Kirkpatrick (Levin (CA))
Latta (Walberg)
Lawson (FL) (Evans)
McEachin (Wexton)
Meng (Jeffries)
Morelle (Tonko)
Napolitano (Correa)
Payne (Wasserman Schultz)
Rice (SC) (Wilson (SC))
Rush (Underwood)
Ryan (Kildee)
Stanton (Levin (CA))
Stefanik
(Reschenthaler)
Strickland (Torres (NY))
Swalwell (Veasey)
Wagner (Walorski)
Wilson (FL) (Hayes)
Young (Mast)
Amendment No. 6 Offered by Ms. Plaskett
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on the adoption of amendment No. 6,
printed in part C of House Report 117-125, on which further proceedings
were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from the Virgin Islands (Ms. Plaskett).
The vote was taken by electronic device, and there were--yeas 235,
nays 190, not voting 6, as follows:
[Roll No. 270]
YEAS--235
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Comer
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Herrera Beutler
Higgins (NY)
Himes
Hinson
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Joyce (OH)
Joyce (PA)
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (CA)
Kim (NJ)
Kind
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Malliotakis
Maloney, Carolyn B.
Maloney, Sean
Manning
Massie
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Meuser
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Murphy (NC)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Salazar
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
Young
NAYS--190
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Crawford
Crenshaw
Curtis
Davidson
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Hice (GA)
Higgins (LA)
Hill
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Keller
Kelly (MS)
Kelly (PA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Mann
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Zeldin
NOT VOTING--6
Adams
Garcia (CA)
Green (TN)
Johnson (LA)
Lesko
Speier
{time} 1333
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Mr. GARCIA of California. Mr. Speaker, had I been present, I would
have voted ``nay'' on rollcall No. 270.
MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS
Cardenas (Gomez)
Carter (TX) (Calvert)
DeSaulnier (Matsui)
Frankel, Lois (Clark (MA))
Fulcher (Johnson (OH))
Gonzalez (OH)
(Reschenthaler)
Grijalva (Garcia (IL))
Kirkpatrick (Levin (CA))
Latta (Walberg)
Lawson (FL) (Evans)
McEachin (Wexton)
Meng (Jeffries)
Morelle (Tonko)
Napolitano (Correa)
Payne (Wasserman Schultz)
Rice (SC) (Wilson (SC))
Rush (Underwood)
Ryan (Kildee)
Stanton (Levin (CA))
Stefanik
(Reschenthaler)
Strickland (Torres (NY))
Swalwell (Veasey)
Wagner (Walorski)
Wilson (FL) (Hayes)
Young (Mast)
Amendment No. 11 Offered by Ms. Tlaib
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment No. 11, printed in
part C of
[[Page H4882]]
House Report 117-125, on which further proceedings were postponed and
on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from Michigan (Ms. Tlaib).
The vote was taken by electronic device, and there were--yeas 222,
nays 203, not voting 6, as follows:
[Roll No. 271]
YEAS--222
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gaetz
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Massie
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--203
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (IL)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--6
Lesko
Miller (WV)
Scalise
Stauber
Suozzi
Titus
{time} 1355
Mr. HARRIS changed his vote from ``yea'' to ``nay.''
Mr. GARAMENDI changed his vote from ``nay'' to ``yea.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Mr. STAUBER. Mr. Speaker, the vote closed prior to be being able to
vote. Had I been present, I would have voted ``nay'' on rollcall No.
271.
MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS
Cardenas (Gomez)
Carter (TX) (Calvert)
DeSaulnier (Matsui)
Frankel, Lois (Clark (MA))
Fulcher (Johnson (OH))
Gonzalez (OH)
(Reschenthaler)
Grijalva (Garcia (IL))
Kirkpatrick (Levin (CA))
Latta (Walberg)
Lawson (FL) (Evans)
McEachin (Wexton)
Meng (Jeffries)
Morelle (Tonko)
Napolitano (Correa)
Payne (Wasserman Schultz)
Rice (SC) (Wilson (SC))
Rush (Underwood)
Ryan (Kildee)
Stanton (Levin (CA))
Stefanik
(Reschenthaler)
Strickland (Torres (NY))
Swalwell (Veasey)
Wagner (Walorski)
Wilson (FL) (Hayes)
Young (Mast)
Amendment No. 15 Offered by Ms. Slotkin
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment No. 15, printed in
part C of House Report 117-125, on which further proceedings were
postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from Michigan (Ms. Slotkin).
The vote was taken by electronic device, and there were--yeas 236,
nays 186, not voting 9, as follows:
[Roll No. 272]
YEAS--236
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel, Lois
Gaetz
Gallego
Garamendi
Garbarino
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Herrera Beutler
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Hudson
Huffman
Huizenga
Jackson Lee
Jacobs (CA)
Jacobs (NY)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Mace
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McKinley
McNerney
Meeks
Meijer
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Murphy (NC)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Posey
Pressley
[[Page H4883]]
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Ross
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
Young
Zeldin
NAYS--186
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Foxx
Franklin, C. Scott
Fulcher
Gallagher
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Issa
Jackson
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
Lamborn
Latta
LaTurner
Long
Loudermilk
Lucas
Luetkemeyer
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Mullin
Nehls
Newhouse
Norman
Nunes
Obernolte
Palazzo
Palmer
Pence
Perry
Pfluger
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Roy
Rutherford
Salazar
Scalise
Schrader
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
NOT VOTING--9
Burgess
Davis, Danny K.
LaMalfa
Lesko
Letlow
Moore (UT)
Owens
Smith (NJ)
Velazquez
{time} 1416
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Ms. LETLOW. Madam Speaker, had I been present, I would have voted
``nay'' on rollcall No. 272.
Mr. MOORE of Utah. Madam Speaker, I was unavoidably detained. Had I
been present, I would have voted ``nay'' on rollcall No. 272.
MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS
Cardenas (Gomez)
Carter (TX) (Calvert)
DeSaulnier (Matsui)
Frankel, Lois (Clark (MA))
Fulcher (Johnson (OH))
Gonzalez (OH)
(Reschenthaler)
Grijalva (Garcia (IL))
Kirkpatrick (Levin (CA))
Latta (Walberg)
Lawson (FL) (Evans)
McEachin (Wexton)
Meng (Jeffries)
Morelle (Tonko)
Napolitano (Correa)
Payne (Wasserman Schultz)
Rice (SC) (Wilson (SC))
Rush (Underwood)
Ryan (Kildee)
Stanton (Levin (CA))
Stefanik
(Reschenthaler)
Strickland (Torres (NY))
Swalwell (Veasey)
Wagner (Walorski)
Wilson (FL) (Hayes)
Young (Mast)
Amendment No. 16 Offered by Ms. DeGette
The SPEAKER pro tempore (Ms. Ross). Pursuant to clause 8 of rule XX,
the unfinished business is the question on amendment No. 16, printed in
part C of House Report 117-125, on which further proceedings were
postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from Colorado (Ms. DeGette).
The vote was taken by electronic device, and there were--yeas 222,
nays 200, not voting 9, as follows:
[Roll No. 273]
YEAS--222
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (CA)
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
NAYS--200
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Letlow
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Duyne
Wagner
Walberg
[[Page H4884]]
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--9
Brady
Carter (GA)
Cheney
Lesko
Long
McKinley
Mfume
Speier
Yarmuth
{time} 1438
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Mr. CARTER of Georgia. Madam Speaker, I was unavoidably detained. Had
I been present, I would have voted ``nay'' on rollcall No. 273.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Cardenas (Gomez)
Carter (TX) (Calvert)
DeSaulnier (Matsui)
Frankel, Lois (Clark (MA))
Fulcher (Johnson (OH))
Gonzalez (OH)
(Reschenthaler)
Grijalva (Garcia (IL))
Kirkpatrick (Levin (CA))
Latta (Walberg)
Lawson (FL) (Evans)
McEachin (Wexton)
Meng (Jeffries)
Morelle (Tonko)
Napolitano (Correa)
Payne (Wasserman Schultz)
Rice (SC) (Wilson (SC))
Rush (Underwood)
Ryan (Kildee)
Stanton (Levin (CA))
Stefanik
(Reschenthaler)
Strickland (Torres (NY))
Swalwell (Veasey)
Wagner (Walorski)
Wilson (FL) (Hayes)
Young (Mast)
Amendment No. 17 Offered by Mr. Neguse
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment No. 17, printed in
part C of House Report 117-125, on which further proceedings were
postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentleman from Colorado (Mr. Neguse).
The vote was taken by electronic device, and there were--yeas 224,
nays 204, not voting 3, as follows:
[Roll No. 274]
YEAS--224
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--204
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--3
Burgess
Cheney
Lesko
{time} 1459
So the amendment was agreed to.
The result of the vote was announced as above recorded.
PERSONAL EXPLANATION
Mrs. LESKO. Madam Speaker, had I been present, I would have voted
``nay'' on rollcall No. 269, ``nay'' on rollcall No. 270, ``nay'' on
rollcall 271, ``nay'' on rollcall no. 272, ``nay'' on rollcall No. 273,
and ``nay'' on rollcall No. 274.
MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS
Cardenas (Gomez)
Carter (TX) (Calvert)
DeSaulnier (Matsui)
Frankel, Lois (Clark (MA))
Fulcher (Johnson (OH))
Gonzalez (OH)
(Reschenthaler)
Grijalva (Garcia (IL))
Kirkpatrick (Levin (CA))
Latta (Walberg)
Lawson (FL) (Evans)
McEachin (Wexton)
Meng (Jeffries)
Morelle (Tonko)
Napolitano (Correa)
Payne (Wasserman Schultz)
Rice (SC) (Wilson (SC))
Rush (Underwood)
Ryan (Kildee)
Stanton (Levin (CA))
Stefanik
(Reschenthaler)
Strickland (Torres (NY))
Swalwell (Veasey)
Wagner (Walorski)
Wilson (FL) (Hayes)
Young (Mast)
Amendments En Bloc No. 1 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Speaker, pursuant to House Resolution
667, I offer amendments en bloc.
The SPEAKER pro tempore (Ms. DeGette). The Clerk will designate the
amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 2, 3, 4, 7, 8,
12, 13, 14, 19, 21, 22, 27, 29, 31, 32, 33, 37, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84,
85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,
102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
131, 132, 133, 134, 135, 136, 137, 138, 139, 140, and 141, printed in
part C of House Report 117-125, offered by Mr. Smith of Washington:
amendment no. 2 offered by ms. sanchez of california
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to read as
follows:
``(1) Uniformed consumer.--The term `uniformed consumer'
means a consumer who is--
[[Page H4885]]
``(A) a member of the--
``(i) uniformed services (as such term is defined in
section 101(a)(5) of title 10, United States Code); or
``(ii) National Guard (as such term is defined in section
101(c)(1) of title 10, United States Code); and
``(B) in active service (as such term is defined in section
101(d)(3) of title 10, United States Code), including full-
time duty in the commissioned corps of the Public Health
Service or the National Oceanic and Atmospheric
Administration.''; and
(2) by adding at the end the following:
``(bb) Deployed Uniformed Consumer.--The term `deployed
uniformed consumer' means an uniformed consumer who--
``(1) serves--
``(A) in a combat zone (as such term is defined in section
112(c)(2) of title 26, United States Code); or
``(B) aboard a United States combatant, support, or
auxiliary vessel (as such terms are defined in section 231(f)
of title 10, United States Code); or
``(C) in a deployment (as such term is defined in section
991(b) of title 10, United States Code); and
``(2) is on active duty (as such term is defined in section
101(d)(2) of title 10, United States Code) for not less than
30 days during the type of service described in paragraph
(1).''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting
Act (15 U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the following:
``(9) Any item of adverse information about a uniformed
consumer, if the action or inaction that gave rise to the
item occurred while the consumer was a deployed uniformed
consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as a Uniformed Consumer.--With
respect to an item of adverse information about a consumer,
if the action or inaction that gave rise to the item occurred
while the consumer was a uniformed consumer, the consumer may
provide appropriate proof, including official orders, to a
consumer reporting agency that the consumer was a deployed
uniformed consumer at the time such action or inaction
occurred. The consumer reporting agency shall promptly delete
that item of adverse information from the file of the
uniformed consumer and notify the consumer and the furnisher
of the information of the deletion.''.
(c) Communications Between the Consumer and Consumer
Reporting Agencies.--Section 605A of the Fair Credit
Reporting Act (15 U.S.C. 1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and moving such redesignated
subparagraphs 2 ems to the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a consumer
reporting agency receives an item of adverse information
about a consumer, if the consumer has provided appropriate
proof that the consumer is a uniformed consumer, the consumer
reporting agency shall promptly notify the consumer--
``(A) that the agency has received such item of adverse
information, along with a description of the item; and
``(B) the method by which the consumer can dispute the
validity of the item.
``(3) Contact information for uniformed consumers.--With
respect to any consumer that has provided appropriate proof
to a consumer reporting agency that the consumer is a
uniformed consumer, if the consumer provides the consumer
reporting agency with separate contact information to be used
when communicating with the consumer while the consumer is a
uniformed consumer, the consumer reporting agency shall use
such contact information for all communications while the
consumer is a uniformed consumer.''; and
(2) in subsection (e), by amending paragraph (3) to read as
follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by striking ``active duty
military'' each place such term appears and inserting
``uniformed consumer''.
(e) Sense of Congress.--It is the sense of Congress that
any person making use of a consumer report containing an item
of adverse information should, if the action or inaction that
gave rise to the item occurred while the consumer was a
uniformed consumer, take such fact into account when
evaluating the creditworthiness of the consumer.
amendment no. 3 offered by mrs. torres of california
At the appropriate place in title LX, add the following:
SEC. __. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION
SYSTEM.
The Director of the Office of Management and Budget shall
not later than 30 days after the date of the enactment of
this Act, categorize public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification System.
At the appropriate place in the table of contents, insert
the following:
Sec. _. Review of Standard Occupational Classification System.
amendment no. 4 offered by ms. waters of california
Page 1334, after line 17, insert the following:
SEC. ___. UNITED STATES CONTRIBUTION TO THE CATASTROPHE
CONTAINMENT AND RELIEF TRUST AT THE
INTERNATIONAL MONETARY FUND.
(a) Contribution Authority.--The Secretary of the Treasury
may contribute $200,000,000 on behalf of the United States to
the Catastrophe Containment and Relief Trust of the
International Monetary Fund.
(b) Limitations on Authorization of Appropriations.--For
the contribution authorized by subsection (a), there are
authorized to be appropriated, without fiscal year
limitation, $200,000,000 for payment by the Secretary of the
Treasury.
amendment no. 7 offered by mr. costa of california
At the end of title LX, insert the following:
SEC. 60__. ELIGIBILITY FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a)(10) of title 38, United
States Code, is amended--
(1) by striking the period at the end and inserting ``;
or''; and
(2) by adding at the end the following new subparagraph:
``(B) who--
``(i) the Secretary determines served honorably with a
special guerrilla unit or irregular forces operating from a
base in Laos in support of the Armed Forces of the United
States at any time during the period beginning February 28,
1961, and ending May 7, 1975; and
``(ii) at the time of the individual's death--
``(I) was a citizen of the United States or an alien
lawfully admitted for permanent residence in the United
States; and
``(II) resided in the United States.''.
(b) Effective Date.--The amendments made by this section
shall have effect as if included in the enactment of section
251(a) of title II of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018
(division J of Public Law 115-141; 132 Stat. 824).
amendment no. 8 offered by mr. castro of texas
At the end of subtitle D of title X, add the following new
section:
SEC. 10__. LIMITATION ON CONTRACT AUTHORITY TO IMPROVE
REPRESENTATION IN CERTAIN MEDIA PROJECTS
INVOLVING DEPARTMENT OF DEFENSE.
(a) Limitation on Contract Authority.--Neither the
Secretary of Defense, nor any Secretary of a military
department, may enter into a covered contract for any film or
publishing project for entertainment-oriented media unless
the covered contract includes a provision that requires
consideration of diversity in carrying out the project,
including consideration of the following:
(1) The composition of the community represented in the
project and whether such community is inclusive of
historically marginalized communities.
(2) The depiction of the community represented in the
project and whether or not the project advances any
inaccurate or harmful stereotypes as a result of such
depiction.
(b) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for
five years, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing, with respect to the year
covered by the report, the following:
(1) The total number of projects for which the Secretary
provided assistance pursuant to a covered contract.
(2) A summary of the projects specified in paragraph (1).
(3) A summary of the communities represented in such
projects.
(4) A summary of the involvement of the Department of
Defense with respect to such projects.
(c) Definitions.--In this section:
(1) The term ``covered contract'' means a contract or
production assistance agreement entered into with a
nongovernmental entertainment-oriented media producer or
publisher.
(2) The term ``entertainment-oriented media'' includes
books and other forms of print media that are entertainment-
oriented.
(3) The term ``marginalized community'' means a community
of individuals that is, or historically was, under-
represented in the industry of film, television, or
publishing, including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities; and
(D) members of the LGBTQ communities.
(4) The term ``military department'' has the meaning given
such term in section 101 of title 10, United States Code.
amendment no. 12 offered by mr. higgins of new york
Page 1226, after line 21, insert the following new
subsection:
(c) Support for National Maritime Heritage Grants
Program.--Of the funds authorized to be appropriated by
subsection (a)(4), not more than $10,000,000 may be made
[[Page H4886]]
available to support the National Maritime Heritage Grants
Program established under section 308703 of title 54, United
States Code.
amendment no. 13 offered by mr. casten of illinois
Add at the end of subtitle B of title III the following:
SEC. 328. ENERGY, WATER, AND WASTE NET ZERO REQUIREMENTS FOR
CONSTRUCTION OF NEW BUILDINGS.
(a) Requirements Described.--For fiscal year 2022 and any
subsequent fiscal year, the Secretary of Defense shall
improve building efficiency, performance, and management by
ensuring that the new construction of any Department of
Defense building larger than 5,000 gross square feet that
enters the planning process is designed to achieve energy
net-zero and water or waste net-zero by fiscal year 2035.
(b) Waiver for National Security.--The Secretary may waive
the requirement of subsection (a) with respect to a building
if the Secretary provides the Committees on Armed Services of
the House of Representatives and Senate with a certification
that the application of such requirement would be detrimental
to national security.
(c) Status Report and Briefings on Progress Towards Meeting
Current Goal Regarding Use of Renewable Energy to Meet
Facility Energy Needs.--Section 2911(g) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(4) The Secretary of Defense shall--
``(A) not later than 180 days after the date of the
enactment of this paragraph, submit a report to the
Committees on Armed Services of the House of Representatives
and Senate on the progress the Secretary has made towards
meeting the goal described in paragraph (1)(A) with respect
to fiscal year 2025; and
``(B) during fiscal year 2022 and each succeeding fiscal
year through fiscal year 2025, provide a briefing to the
Committees on Armed Services of the House of Representatives
and Senate on the progress the Secretary has made towards
meeting the goal described in paragraph (1)(A) with respect
to fiscal year 2025.''.
amendment no. 14 offered by mr. larsen of washington
Insert after title LIII the following new title:
TITLE LIV--STRENGTHENING MARINE MAMMAL CONSERVATION
SEC. 5401. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Secretary of Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Administration.
SEC. 5402. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL
HABITAT.
(a) In General.--The Marine Mammal Protection Act of 1974
(16 U.S.C. 1361 et seq.) is amended by inserting after
section 120 the following:
``SEC. 121. VESSEL RESTRICTIONS IN MARINE MAMMAL HABITAT.
``(a) In General.--The Secretary shall, in coordination
with the Marine Mammal Commission and the Commandant of the
Coast Guard and applying the best available scientific
information--
``(1) designate areas of importance for marine mammals
known to experience vessel strikes and establish for each
such area seasonal or year-round mandatory vessel speed
restrictions to reduce vessel strikes or other vessel-related
impacts, as necessary, for vessels operating in such areas;
and
``(2) implement for such species, as appropriate, dynamic
management area programs incorporating mandatory vessel
restrictions to protect marine mammals from vessel strikes or
other vessel-related impacts occurring outside designated
areas of importance.
``(b) Areas of Importance.--In designating areas under
subsection (a), the Secretary--
``(1) shall consider including--
``(A) the important feeding, breeding, calving, rearing, or
migratory habitat for priority species of marine mammals,
including all areas designated as critical habitat for such
species under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) except any area the Secretary determines
does not intersect with areas of vessel traffic such that an
elevated risk of mortality or injury caused by vessel strikes
exists; and
``(B) areas of high marine mammal mortality, injury, or
harassment caused by vessel strikes; and
``(2) may consider including--
``(A) any area designated as a National Marine Sanctuary,
Marine National Monument, National Park, or National Wildlife
Refuge; and
``(B) areas of high marine mammal primary productivity with
year-round or seasonal aggregations of marine mammals to
which this section applies.
``(c) Deadline for Regulations.--Not later than two years
after the date of the enactment of this section, the
Secretary shall designate areas and vessel restrictions under
subsection (a) and issue such regulations as are necessary to
carry out this section, consistent with notice and comment
requirements under chapter 5 of title 5, United States Code.
``(d) Modifying or Designating New Areas of Importance.--
``(1) In general.--The Secretary shall issue regulations to
modify or designate the areas of importance and vessel
restrictions under this section within 180 days after the
issuance of regulations to establish or to modify critical
habitat for marine mammals pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
``(2) Reexamination.--The Secretary shall--
``(A) reexamine the areas of importance designated and
vessel restrictions under this section every 5 years
following the initial issuance of the regulations to
determine if the best available scientific information
warrants modification or designation of areas of importance
for vessel restrictions; and
``(B) publish any revisions under subparagraph (A) in the
Federal Register after notice and opportunity for public
comment within 24 months.
``(3) Finding.--Not later than 90 days after receiving the
petition of an interested person under section 553(e) of
title 5, United States Code, to designate, modify, or add an
area of importance or vessel restriction under this section,
the Secretary shall make a finding as to whether the petition
presents substantial scientific information indicating that
the petitioned action may be warranted. The Secretary shall
promptly publish such finding in the Federal Register for
comment. Not later than one year after the close of comments,
the Secretary shall publish in the Federal Register a finding
of whether the petitioned action is warranted and, if the
Secretary determines that the petitioned action is warranted,
shall publish draft regulations designating or modifying and
vessel restrictions the area of importance. Not later than 12
months after publication of the draft regulations, the
Secretary shall issue final regulations designating or
modifying the area of importance and vessel restrictions.
``(e) Exceptions for Safe Maneuvering and Using Authorized
Technology.--
``(1) In general.--The restriction established under
subsection (a) shall not apply to a vessel operating at a
speed necessary to maintain safe maneuvering speed if such
speed is justified because the vessel is in an area where
oceanographic, hydrographic, or meteorological conditions
severely restrict the maneuverability of the vessel and the
need to operate at such speed is confirmed by the pilot on
board or, when a vessel is not carrying a pilot, the master
of the vessel. If a deviation from the applicable speed limit
is necessary pursuant to this subsection, the reasons for the
deviation, the speed at which the vessel is operated, the
latitude and longitude of the area, and the time and duration
of such deviation shall be entered into the logbook of the
vessel. The master of the vessel shall attest to the accuracy
of the logbook entry by signing and dating the entry.
``(2) Authorized technology.--
``(A) In general.--The vessel restrictions established
under subsection (a) shall not apply to a vessel operating
using technology authorized by regulations issued by the
Secretary under subparagraph (B).
``(B) Regulations.--The Secretary may issue regulations
authorizing a vessel to operate using technology specified by
the Secretary under this subparagraph if the Secretary
determines that such operation is at least as effective as
the vessel restrictions authorized by regulations under
subsection (a) in reducing mortality and injury to marine
mammals.
``(f) Applicability.--Any speed restriction established
under subsection (a)--
``(1) shall apply to all vessels subject to the
jurisdiction of the United States, all other vessels entering
or departing a port or place subject to the jurisdiction of
the United States, and all other vessels within the Exclusive
Economic Zone of the United States, regardless of flag; and
``(2) shall not apply to--
``(A) vessels owned, operated, or under contract by the
Department of Defense or the Department of Homeland Security,
or engaged with such vessels;
``(B) law enforcement vessels of the Federal Government or
of a State or political subdivision thereof, when such
vessels are engaged in law enforcement or search and rescue
duties; or
``(C) vessels with foreign sovereign immunity, as reflected
under international law.
``(g) Statutory Construction.--
``(1) In general.--Nothing in this section shall be
interpreted or implemented in a manner that--
``(A) subject to paragraph (2), preempts or modifies any
obligation of any person subject to the provisions of this
title to act in accordance with applicable State laws, except
to the extent that those laws are inconsistent with any
provision of this title, and then only to the extent of the
inconsistency;
``(B) affects or modifies any obligation under Federal law;
or
``(C) preempts or supersedes the final rule titled `To
Implement Speed Restrictions to Reduce the Threat of Ship
Collisions With North Atlantic Right Whales', codified at
section 224.105 of title 50, Code of Federal Regulations,
except for actions that are more protective than the Final
Rule and further reduce the risk of take to North Atlantic
right whales.
``(2) Inconsistencies.--The Secretary may determine whether
inconsistencies referred to in paragraph (1)(A) exist, but
may not determine that any State law is inconsistent with any
provision of this title if the Secretary determines that such
law gives greater protection to covered marine species and
their habitat.
``(h) Priority Species.--For the purposes of this section,
the term `priority species'
[[Page H4887]]
means, at a minimum, all Mysticeti species and species within
the genera Physeter and Trichechus.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated--
``(1) to the Secretary to carry out this section,
$3,000,000 for each of fiscal years 2022 through 2026; and
``(2) to the Commandant of the Coast Guard to carry out
this section, $3,000,000 for each of fiscal years 2024
through 2026.''.
(b) Clerical Amendment.--The table of contents in the first
section of such Act is further amended by inserting after the
item relating to section 120 the following:
``Sec. 121. Vessel speed restrictions in marine mammal habitat.''.
SEC. 5403. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Administrator, and the Director of the
Fish and Wildlife Service shall maintain and expand an Ocean
Noise Reference Station Network, utilizing and coordinating
with the Integrated Ocean Observing System, the Office of
National Marine Sanctuaries, and the Department of Defense,
to--
(1) provide grants to expand the deployment of Federal and
non-Federal observing and data management systems capable of
collecting measurements of underwater sound in high-priority
ocean and coastal locations for purposes of monitoring and
analyzing baselines and trends in the underwater soundscape
to protect and manage marine life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) after coordinating with the Department of Defense,
coordinate and make accessible to the public the datasets,
modeling and analysis, and user-driven products and tools,
resulting from observations of underwater sound funded
through grants authorized by this section.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator, to support
integrated ocean observations activities carried out under
this section, $1,500,000 for each of fiscal years 2022
through 2026.
SEC. 5404. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO
REDUCE THE IMPACTS OF VESSEL TRAFFIC AND PORT
OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator and the Director
of the Fish and Wildlife Service, in coordination with the
Secretary of Defense, shall establish a grant program to
provide assistance to up to ten seaports to develop and
implement mitigation measures that will lead to a
quantifiable reduction in threats to marine mammals from
shipping activities and port operations.
(b) Eligible Uses.--A grant under this section may be used
to develop, assess, and carry out activities that
quantifiably reduce threats and enhance the habitats of
marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing vessel strike mortality and other physical
disturbances;
(3) enhancing marine mammal habitat, including the habitat
for prey of marine mammals; or
(4) monitoring sound, vessel interactions with marine
mammals, or other types of monitoring that are consistent
with reducing the threats to and enhancing the habitats of
marine mammals.
(c) Priority.--The Administrator and the Director of the
Fish and Wildlife Service shall prioritize assistance under
this section for projects that--
(1) assist ports with higher relative threat levels to
vulnerable marine mammals from vessel traffic;
(2) reduce disturbance from vessel presence or mortality
risk from vessel strikes, and are in close proximity to
National Marine Sanctuaries, Marine National Monuments,
National Parks, National Wildlife Refuges, and other federal,
state, and local marine protected areas; and
(3) allow eligible entities to conduct risk assessments,
and track progress toward threat reduction and habitat
enhancement; including protecting coral reefs from
encroachment by commerce and shipping lanes.
(d) Outreach.--The Administrator and the Director of the
Fish and Wildlife Service shall conduct outreach to seaports
to provide information on how to apply for assistance under
this section, the benefits of the program under this section,
and facilitation of best practices and lessons learned.
(e) Eligible Entities.--A person shall be eligible for
assistance under this section if the person--
(1) is--
(A) a port authority for a seaport;
(B) a State, regional, local, or Tribal agency that has
jurisdiction over a maritime port authority or a seaport; or
(C) a private entity or government entity, applying for a
grant awarded under this section in collaboration with
another entity described in subparagraph (A) or (B), that
owns or operates a maritime terminal; and
(2) is cleared by the Department of Defense.
(f) Report.--The Administrator and the Director of the Fish
and Wildlife Service shall submit annually to the Committee
on Natural Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate, a report that includes the following:
(1) The name and location of each entity receiving a grant.
(2) Amount of each grant.
(3) The name and location of the seaport in which the
activities took place.
(4) A description of the activities carried out with the
grant funds.
(5) An estimate of the impact of the project to reduce
threats or enhance habitat of marine mammals.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator, for carrying out
this section, $5,000,000 for each of fiscal years 2022
through 2026, to remain available until expended.
SEC. 5405. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM
FOR LARGE WHALES.
(a) Establishment of the Program.--The Administrator, in
coordination with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall design
and deploy a Near Real-Time Large Whale Monitoring and
Mitigation Program in order to curtail the risk to large
whales of vessel collisions, entanglement in commercial
fishing gear, and to minimize other impacts, including but
not limited to underwater noise from development activities.
Such program shall be capable of detecting and alerting ocean
users and enforcement agencies of the location of large
whales on a near real-time basis, informing sector-specific
mitigation protocols that can effectively reduce take of
large whales, and continually integrating improved
technology. The program shall be informed by the
technologies, monitoring methods, and mitigation protocols
developed pursuant to the pilot program required in
subsection (b).
(b) Pilot Project.--In carrying out subsection (a), the
Administrator shall first establish a pilot monitoring and
mitigation project for North Atlantic right whales for the
purposes of informing a cost-effective, efficient and
results-oriented near real-time monitoring and mitigation
program for large whales.
(1) Pilot project requirements.--In designing and deploying
the monitoring system, the Administrator, in coordination
with the heads of other relevant Federal departments and
agencies, shall, using best available scientific information,
identify and ensure coverage of--
(A) core foraging habitats of North Atlantic right whales,
including but not limited to--
(i) the ``South of the Islands'' core foraging habitat;
(ii) the ``Cape Cod Bay Area'' core foraging habitat;
(iii) the ``Great South Channel'' core foraging habitat;
and
(iv) the Gulf of Maine; and
(B) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-
occur with areas of high risk of mortality, injury, or
harassment of such whales from vessel strikes, disturbance
from development activities, and entanglement in commercial
fishing gear.
(2) Pilot project monitoring components.--
(A) In general.--Within 3 years after the date of the
enactment of this Act, the Administrator, in consultation
with relevant Federal agencies, Tribal governments, and with
input from affected stakeholders, shall design and deploy a
real-time monitoring system for North Atlantic right whales
that includes near real-time monitoring methods,
technologies, and protocols that--
(i) comprise sufficient detection power, spatial coverage
and survey effort to detect and localize North Atlantic right
whales within core foraging habitats;
(ii) are capable of detecting North Atlantic right whales
visually, including during periods of poor visibility and
darkness, and acoustically;
(iii) take advantage of dynamic habitat suitability models
that help to discern the likelihood of North Atlantic right
whale occurrence in core foraging habitat at any given time;
(iv) coordinate with the Integrated Ocean Observing System
to leverage monitoring assets;
(v) integrate new near real-time monitoring methods and
technologies as they become available;
(vi) accurately verify and rapidly communicate detection
data; and
(vii) allow for ocean users to contribute data that is
verified to be collected using comparable near real-time
monitoring methods and technologies.
(B) National security considerations.--All monitoring
methods, technologies, and protocols under subparagraph (A)
shall be consistent with national security considerations and
interests.
(3) Pilot program mitigation protocols.--The Secretary
shall, in consultation with the Secretary of Homeland
Security, Secretary of Defense, Secretary of Transportation,
and Secretary of the Interior, and with input from affected
stakeholders, develop and deploy mitigation protocols that
make use of the near real-time monitoring system to direct
sector-specific mitigation measures that avoid and
significantly reduce risk of injury and mortality to North
Atlantic right whales.
(4) Pilot program access to data.--The Administrator shall
provide access to data generated by the monitoring system for
purposes of scientific research and evaluation, and public
awareness and education, through
[[Page H4888]]
the NOAA Right Whale Sighting Advisory System and WhaleMap or
other successive public web portals, subject to review for
national security considerations.
(5) Pilot program reporting.--
(A) Interim report.--Not later than two years after the
date of the enactment of this Act, the Administrator shall
submit to the Committee on Natural Resources of the House of
Representatives, and the Committee on Commerce, Science and
Transportation of the Senate, and make available to the
public, an interim report that assesses the benefits and
efficacy of the North Atlantic right whale near real-time
monitoring and mitigation pilot program. The report shall
include--
(i) a description of the monitoring methods and technology
in use or planned for deployment;
(ii) analyses of the efficacy of the methods and technology
in use or planned for deployment in detecting North Atlantic
right whales both individually and in combination;
(iii) how the monitoring system is directly informing and
improving species management and mitigation in near real-time
across ocean sectors whose activities pose a risk to North
Atlantic right whales;
(iv) a prioritized identification of gaps in technology or
methods requiring future research and development.
(B) Final report.--Not later than three years after the
date of the enactment of this Act, the Administrator, in
coordination with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall submit
to the Committee on Natural Resources of the House of
Representatives, and the Committee on Commerce, Science and
Transportation of the Senate, and make available to the
public, a final report, addressing the components in
subparagraph (A) for the subsequent one year following the
publication of the interim report, and including the
following--
(i) a strategic plan to expand the pilot program to provide
near real-time monitoring and mitigation measures to
additional large whale species, including a prioritized plan
for acquisition, deployment, and maintenance of monitoring
technologies, and the locations or species for which the plan
would apply; and
(ii) a budget and description of appropriations necessary
to carry out the strategic plan pursuant to the requirements
of clause (i).
(c) Additional Authority.--In carrying out this section,
including, the Administrator may enter into and perform such
contracts, leases, grants, or cooperative agreements as may
be necessary to carry out the purposes of this section on
such terms as the Administrator considers appropriate,
consistent with Federal acquisition regulations.
(d) Reporting.--Not later than one year after the
deployment of the program described in subsection (b) (and
after completion of the reporting requirements pursuant to
paragraph (5) of such subsection), and annually thereafter
through 2029, the Administrator shall submit to the Committee
on Natural Resources of the House of Representatives, and the
Committee on Commerce, Science and Transportation of the
Senate, and make available to the public, a report that
assess the benefits and efficacy of the near real-time
monitoring and mitigation program.
(e) Definitions.--In this section:
(1) The term ``core foraging habitats'' means areas with
biological and physical oceanographic features that aggregate
Calanus finmarchicus and where North Atlantic right whales
foraging aggregations have been well documented.
(2) The term ``near real-time'' means that visual,
acoustic, or other detections of North Atlantic right whales
are transmitted and reported as soon as technically feasible,
and no longer than 24 hours, after they have occurred.
(3) The term ``large whale'' means all Mysticeti species
and species within the genera Physeter and Orcinus.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator, to support
development, deployment, application and ongoing maintenance
of the monitoring system as required by this section,
$5,000,000 for each of fiscal years 2022 through 2026.
SEC. 5406. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES
UNDERWATER NOISE FROM VESSELS.
(a) In General.--Not later than six months after the date
of the enactment of this Act, the Administrator of the
Maritime Administration shall establish a grant program, to
be administered in consultation with the heads of other
appropriate Federal departments and agencies, to provide
assistance for the development and implementation of new or
improved technologies that quantifiably reduce underwater
noise from marine vessels.
(b) Eligible Uses.--Grants provided under this section may
be used to develop, assess and implement new or improved
technologies that materially reduce underwater noise from
marine vessels.
(c) Outreach.--The Administrator of the Maritime
Administration shall conduct outreach to eligible persons to
provide information on how to apply for assistance under this
section, the benefits of the program under this section, and
facilitation of best practices and lessons learned.
(d) Eligible Entities.--A person shall be eligible for
assistance under this section if the person--
(1) is--
(A) a corporation established under the laws of the United
States;
(B) an individual, partnership, association, organization
or any other combination of individuals, provided, however,
that each such individual shall be a citizen of the United
States or lawful permanent resident of the United States or a
protected individual as such term is defined in section
274B(a)(3) of the Immigration and Nationality Act (9 U.S.C.
1324b(a)(3)); or
(C) an academic or research organization; and
(2) is cleared through the Department of Defense.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator of the Maritime
Administration for carrying out this section, $5,000,000 for
each of fiscal years 2022 through 2026, to remain available
until expended.
SEC. 5407. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES
GOVERNMENT VESSELS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Administrator of the United
States Maritime Administration, in consultation with the
Commandant of the Coast Guard, the Secretary of Defense, the
Secretary of Homeland Security, and the Administrator of the
National Oceanic and Atmospheric Administration, shall submit
to the appropriate committees of Congress and publish, a
report that includes--
(1) an identification of existing unclassified technologies
that reduce underwater noise; and
(2) an evaluation of the effectiveness and feasibility of
incorporating such technologies in the design, procurement,
and construction of non-military vessels of the United States
Government.
(b) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Environment and Public Works, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Homeland Security, the
Committee on Natural Resources; and the Committee on
Transportation and Infrastructure of the House of
Representatives.
amendment no. 19 offered by mr. mccaul of texas
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD
STREAM 2.
(a) Imposition of Sanctions.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the President shall--
(A) impose sanctions under paragraph (2) with respect to--
(i) any entity responsible for planning, construction, or
operation of the Nord Stream 2 pipeline or a successor
entity; and
(ii) any other corporate officer of or principal
shareholder with a controlling interest in an entity
described in clause (i); and
(B) impose sanctions under paragraph (3) with respect to
any entity responsible for planning, construction, or
operation of the Nord Stream 2 pipeline or a successor
entity.
(2) Ineligibility for visas, admission, or parole of
identified persons and corporate officers.--
(A) In general.--
(i) Visas, admission, or parole.--An alien described in
paragraph (1)(A) is--
(I) inadmissible to the United States;
(II) ineligible to receive a visa or other documentation to
enter the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or other entry documentation of
an alien described in paragraph (1)(A) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall--
(aa) take effect immediately; and
(bb) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(3) Blocking of property of identified persons.--The
President shall exercise all powers granted to the President
by the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
an entity described in paragraph (1)(B) if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(4) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this subsection.
(B) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subsection or any regulation, license, or order issued to
carry out this subsection shall be subject to the
[[Page H4889]]
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(5) Exceptions.--
(A) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this
subsection shall not apply to any authorized intelligence,
law enforcement, or national security activities of the
United States.
(B) Exception to comply with united nations headquarters
agreement.--Sanctions under this subsection shall not apply
with respect to the admission of an alien to the United
States if the admission of the alien is necessary to permit
the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
applicable international obligations.
(C) Exception relating to importation of goods.--
(i) In general.--Notwithstanding any other provision of
this subsection, the authorities and requirements to impose
sanctions under this subsection shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(ii) Good defined.--In this subparagraph, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(6) Sunset.--The authority to impose sanctions under this
subsection shall terminate on the date that is 5 years after
the date of the enactment of this Act.
(7) Definitions.--In this subsection:
(A) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(B) United states person.--The term ``United States
person'' means--
(i) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(ii) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(iii) any person within the United States.
(b) Repeal of National Interest Waiver Under Protecting
Europe's Energy Security Act of 2019.--Section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV
of Public Law 116-92; 22 U.S.C. 9526 note) is amended--
(1) in subsection (a)(1)(C), by striking ``subsection (i)''
and inserting ``subsection (h)'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) through (k) as
subsections (f) through (j), respectively; and
(4) in subsection (i), as redesignated by paragraph (3), by
striking ``subsection (h)'' and inserting ``subsection (g)''.
amendment no. 21 offered by mr. cardenas of california
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. REPORT ON AZERBAIJAN.
(a) Sense of Congress on Azerbaijan's Illegal Detention of
Armenian Prisoners of War.--
(1) Findings.--Congress makes the following findings:
(A) On September 27, 2020, Azerbaijan, with support from
Turkey and foreign militia groups, launched a military
assault on Nagorno-Karabakh, also known as Artsakh, resulting
in the deaths of thousands and displacing tens of thousands
of ethnic Armenian residents.
(B) On November 9, 2020, Azerbaijan, Armenia, and Russia
signed a tripartite statement to end the conflict.
(C) In signing the November 9 statement, all parties agreed
that the ``exchange of prisoners of war, hostages and other
detainees as well as the remains of the fatalities shall be
carried out.''.
(D) The Third Geneva Convention, of which Azerbaijan is a
signatory, and customary international law require the
release of prisoners of war and captured civilians upon the
cessation of hostilities and require that all detainees be
treated humanely.
(E) Despite Azerbaijan's obligations under the Geneva
Conventions and their commitments in signing the November 9
statement, long after the end of the conflict, the Government
of Azerbaijan continues to detain an estimated 200 Armenian
prisoners of war, hostages, and detained persons,
misrepresenting their status in an attempt to justify their
continued captivity.
(F) Human Rights Watch reported in December 2020, that
Azerbaijani military forces had mistreated ethnic Armenian
prisoners of war and subjected them to ``physical abuse and
humiliation''.
(G) Columbia University's Institute for the Study of Human
Rights issued a report on the conflict that ``document[s]
crimes against humanity and other atrocities committed by
Azerbaijani armed forces and Turkish-backed Islamist fighters
against Armenians'', including beheadings, summary
executions, and the desecration of human remains.
(H) There is limited reliable information about the
condition or treatment of prisoners of war and captured
civilians, and there is significant concern that female
detainees in particular could be subject to sexual assaults
and other mistreatment.
(I) The continued detainment of prisoners of war and
captured civilians by Azerbaijan calls into serious question
their commitment to human rights and negotiating an
equitable, lasting peace settlement.
(J) Armenia has fulfilled its obligations under the
November 9 statement and international law by returning
Azerbaijani prisoners of war.
(K) The United States is a co-chair, along with France and
Russia, of the Organization for Security and Co-operation in
Europe Minsk Group, which was created to seek a durable and
peaceful solution to the Nagorno-Karabakh conflict.
(2) Sense of congress.--It is the sense of Congress that--
(A) Azerbaijan must immediately and unconditionally return
all Armenian prisoners of war and captured civilians; and
(B) the Biden Administration should engage at all levels
with Azerbaijani authorities, including through the
Organization for Security and Co-operation in Europe Minsk
Group process, to make clear the importance of adhering to
their obligations, under the November 9 statement and
international law, to immediately release all prisoners of
war and captured civilians.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
relevant congressional committees a report on the following:
(1) United States-origin parts and technology discovered in
Turkish Bayraktar unmanned aerial vehicles deployed by
Azerbaijan against Nagorno Karabakh between September 27,
2020 and November 9, 2020, including an assessment of any
potential violations of violations of the Arms Export Control
Act or other applicable laws, sanctions policies, or other
provisions of United States law related to the discovery of
such parts and technology.
(2) Azerbaijan's use of white phosphorous, cluster bombs,
and prohibited munitions deployed by Azerbaijan against
civilians and civilian infrastructure in Nagorno Karabakh
between September 27, 2020, and November 9, 2020, including
an assessment of any potential violations of United States or
international law related to the use of such munitions.
(3) Turkey's and Azerbaijan's recruitment of foreign
terrorist fighters to participate in Azerbaijan's offensive
military operations against Nagorno Karabakh between
September 27, 2020, and November 9, 2020, including an
assessment of any related potential violations of United
States law, the International Convention against the
Recruitment, Use, Financing and Training of Mercenaries, or
other international or multilateral treaties.
(c) Relevant Congressional Committees.--In this section,
the term ``relevant congressional committees'' means the
Committee on Foreign Affairs and Committee on Armed Services
of the House of Representatives and the Committee on Foreign
Relations and Committee on Armed Services of the Senate.
(1) Azerbaijan must immediately and unconditionally return
all Armenian prisoners of war and captured civilians; and
(2) the Biden Administration should engage at all levels
with Azerbaijani authorities, including through the
Organization for Security and Co-operation in Europe Minsk
Group process, to make clear the importance of adhering to
their obligations, under the November 9 statement and
international law, to immediately release all prisoners of
war and captured civilians.
amendment no. 22 offered by mr. cleaver of missouri
In division E, insert after title LIII the following:
TITLE LIV--ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR INCLUSIVE
TRANSATLANTIC ENGAGEMENT
SEC. 5401. ESTABLISHMENT OF ALCEE L. HASTINGS LEADERSHIP
INSTITUTE FOR INCLUSIVE TRANSATLANTIC
ENGAGEMENT AS PILOT PROGRAM.
(a) Establishment.--There is established as a pilot program
in the Library of Congress the Alcee L. Hastings Leadership
Institute for Inclusive Transatlantic Engagement.
(b) Advisory Board.--The Institute shall be subject to the
supervision and direction of an Advisory Board which shall be
composed of seven members as follows:
(1) Two members appointed by the Speaker of the House of
Representatives from among the members of the House of
Representatives, one of whom shall be designated by the
majority leader of the House of Representatives and one of
whom shall be designated by the minority leader of the House
of Representatives.
(2) Two members appointed by the President pro tempore of
the Senate from among the members of the Senate, one of whom
shall be designated by the majority leader of the Senate and
one of whom shall be designated by the minority leader of the
Senate.
(3) Two members appointed by the President, one of whom
shall be an officer or employee of the Department of State
and one of whom shall be an officer or employee of the
Department of the Treasury.
[[Page H4890]]
(4) The Executive Director of the Institute, who shall
serve as an ex officio member of the Board.
(c) Term.--Each member of the Board appointed under this
section shall serve for a term of three years. Any vacancy
shall be filled in the same manner as the original
appointment and the individual so appointed shall serve for
the remainder of the term. A Member of Congress appointed to
the Board may not consecutively serve as a member of the
Board for more than a total of six years.
(d) Chair and Vice-Chair.--At the first meeting and at its
first regular meeting in each calendar year thereafter the
Board shall elect a Chair and Vice-Chair from among the
members of the Board. The Chair and Vice-Chair may not be
members of the same political party.
(e) Pay Not Authorized; Expenses.--Members of the Board
(other than the Executive Director) shall serve without pay,
but shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred in the
performance of their duties.
(f) Location of Institute.--The Institute shall be located
in Washington, DC.
SEC. 5402. PURPOSES AND AUTHORITY OF ALCEE L. HASTINGS
LEADERSHIP INSTITUTE FOR INCLUSIVE
TRANSATLANTIC ENGAGEMENT.
(a) Purposes.--The purposes of the Institute shall be to
develop a diverse community of transatlantic leaders,
including emerging leaders, committed to democratic
institutions, processes, and values by--
(1) providing training and professional development
opportunities for racially and ethnically diverse leaders on
democratic governance and international affairs;
(2) enabling international exchanges between leaders to
increase understanding and knowledge of democratic models of
governance; and
(3) increasing awareness of the importance of international
public service careers in racially and ethnically diverse
communities.
(b) Authority.--The Institute is authorized, consistent
with this title, to develop such programs, activities, and
services as it considers appropriate to carry out the
purposes described in subsection (a).
SEC. 5403. ADMINISTRATIVE PROVISIONS.
(a) Executive Director.--The Board shall appoint an
Executive Director who shall be the chief executive officer
and principal executive of the Institute and who shall
supervise the affairs of, assist the directions of, and carry
out the functions of the Board to administer the Institute.
The Executive Director of the Institute shall be compensated
at an annual rate specified by the Board.
(b) Other Duties.--The Executive Director, in consultation
with the Board shall appoint and fix the compensation of such
personnel as may be necessary to carry out this title.
(c) Institute Personnel.--
(1) Staff appointments.--All staff appointments shall be
made without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and general schedule pay rates.
(2) Treatment as congressional employees.--For purposes of
pay and other employment benefits, rights, and privileges and
for all other purposes, any employee of the Institute shall
be considered to be a Congressional employee under section
2107 of title 5, United States Code.
(3) Coverage under congressional accountability act of
1995.--
(A) Treatment of employees as covered employees.--Section
101(3) of the Congressional Accountability Act of 1995 (2
U.S.C. 1301(3)) is amended--
(i) by striking ``or'' at the end of subparagraph (J);
(ii) by striking the period at the end of subparagraph (K)
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(L) the Alcee L. Hastings Leadership Institute for
Inclusive Transatlantic Engagement.''.
(B) Treatment of institute as employing office.--Section
101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by
striking ``and the John C. Stennis Center'' and inserting
``the Alcee L. Hastings Leadership Institute for Inclusive
Transatlantic Engagement, and the John C. Stennis Center''.
SEC. 5404. ADMINISTRATIVE PROVISIONS.
In order to carry out this title, the Institute may carry
out any of the following:
(1) Prescribe such regulations as it considers necessary
for governing the manner in which its functions shall be
carried out.
(2) Procure temporary and intermittent services of experts
and consultants as are necessary to the extent authorized by
section 3109 of title 5, United States Code.
(3) Request and utilize the assignment of any Federal
officer or employee from a department, agency, or
Congressional office to the Institute, including on a
rotating basis, by entering into an agreement for such
assignment.
(4) Enter into contracts, grants, or other arrangements, or
modifications thereof, to carry out the provisions of this
title, including with any office of the Federal government or
of any State or any subdivision thereof.
(5) Make expenditures for any expenses in connection with
official training sessions or other authorized programs or
activities of the Institute.
(6) Apply for, receive, and use for the purposes of the
Institute grants or other assistance from Federal sources.
(7) Establish, receive, and use for the purposes of the
Institute fees or other charges for goods or services
provided in fulfilling the Institute's purposes.
(8) Respond to the request of offices of Congress and other
departments or agencies of the Federal government to examine,
study, or report on any issue within the Institute's
competence, including the use of classified materials if
necessary.
(9) Work with the appropriate security offices of the House
of Representatives and Senate to obtain or retain need-based
security clearances for Institute personnel.
(10) Assign Institute personnel to temporary duty with
offices of the Federal government, international
organizations, agencies and other entities to fulfill this
title.
(11) Make other necessary expenditures.
SEC. 5405. DEFINITIONS.
In this title:
(1) The term ``Institute'' means the ``Alcee L. Hastings
Leadership Institute for Inclusive Transatlantic Engagement''
established as a pilot program under section 5401.
(2) The term ``Board'' means the Advisory Board of the
Institute.
SEC. 5406. AUTHORIZATION OF APPROPRIATIONS; DISBURSEMENTS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for fiscal year 2022 and each of the 4 succeeding fiscal
years such sums as may be necessary to carry out this title.
(2) Availability.--Amounts authorized to be appropriated
under paragraph (1) are authorized to remain available until
expended.
(b) Disbursements.--Amounts made available to the Institute
shall be disbursed on vouchers approved by the Chair and
Vice-Chair of the Board or by a majority vote of the Board.
(c) Use of Foreign Currencies.--For purposes of section
502(b) of the Mutual Security Act of 1954 (22 U.S.C.
1754(b)), the Institute shall be deemed to be a standing
committee of the Congress and shall be entitled to use funds
in accordance with such section.
(d) Foreign Travel.--Foreign travel for official purposes
by Members of the Institute who are Members of Congress and
Institute staff may be authorized by the Chair, Vice-Chair,
or Executive Director of the Institute.
(e) Effective Date.--This section shall take effect on the
date of enactment of this Act.
amendment no. 27 offered by ms. omar of minnesota
In section 1080(e)(1), add at the end the following:
(J) The impact of civilian harm and human rights
violations, including civilian casualties from airstrikes,
arbitrary detention, extrajudicial killings, and the use of
torture, on the security situation in Afghanistan, the
ability to equip and train the Afghan National Security
Force, and popular perceptions of the Afghan National
Government and the Taliban, including an examination of the
extent to which such events contributed to the resurgence of
the Taliban.
amendment no. 29 offered by mr. correa of california
At the end of title LX, add the following new section:
SEC. 60__. AFGHANISTAN REFUGE SPECIAL ENVOY.
(a) In General.--There is established in the Executive
Office of the President an Afghanistan Refuge Special Envoy.
(b) Responsibilities.--The Afghanistan Refuge Special Envoy
shall--
(1) coordinate with the Secretary of State and the heads of
other relevant Executive agencies (as defined under section
105 of title 5, United States Code) to oversee the evacuation
of persons from Afghanistan to the United States; and
(2) coordinate with the Director of the Office of Refugee
Resettlement to connect individuals evacuated from
Afghanistan to the United States with organizations that can
facilitate the resettlement of such individuals in the United
States.
(c) Appointment.--The President shall appoint the
Afghanistan Refuge Special Envoy.
(d) Non-competitive Service Position.--The position
established under this section shall not be a competitive
service position.
(e) Termination.--The position established under this
section shall terminate on the date that is two years after
the date of the enactment of this Act.
Amendment No. 31 Offered by Mrs. Torres of California
At the end of subtitle C of title XIII add the following:
SEC. 13__. RULE OF LAW AND DEMOCRATIC STABILITY IN CENTRAL
AMERICA ACT.
(a) Sanctions Relating to Acts of Significant Corruption
and Anti-democratic Behavior.--
(1) Extension of visa sanctions against persons engaging in
acts of significant corruption.--Each person listed pursuant
to the requirements of section 353(b) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (title III of division FF of Public
Law 116-260, relating to targeted sanctions to fight
corruption in El Salvador, Guatemala, and Honduras) or
pursuant to any other provision of law requiring a report
identifying foreign persons who the President, acting through
the Secretary of State, determines to have knowingly engaged
in actions that undermine democratic processes or
institutions, or in significant corruption or obstruction of
[[Page H4891]]
investigations, and all immediate family members of such
person, shall be deemed to be ineligible for entry into the
United States in the same manner and to the same extent as an
official ineligible for such entry pursuant to section
7031(c) of division K of such Act.
(2) International coordination.-- The Secretary of State
and Secretary of the Treasury shall seek to engage
international partners and international institutions for
information sharing and technical assistance for coordinated
action, including economic sanctions, visa restrictions, or
additional restrictions on security assistance or
cooperation, against undemocratic, corrupt actors.
(b) Limitation on Assistance With Respect to El Salvador,
Honduras, or Guatemala.--
(1) Limitation.--Funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for
the Department of Defense or the Department of State may be
obligated or expended for assistance, including training and
equipment, to a unit or member of the security forces of El
Salvador, Honduras, or Guatemala only if such unit--
(A)(i) has had no credible allegation of significant
corruption, including in its leadership, within the five
years prior to the date of the enactment of this section;
(ii) has had no credible allegation of impeding democratic
processes within the five years prior to such date of
enactment; and
(iii) has had no credible allegation of threatening
personnel of the United States Government or international
organizations within the five years prior to such date of
enactment; or
(B) the government of such country has taken effective
steps to hold accountable any person or unit of a security
force credibly alleged to have engaged in an activity
described in clauses (i) through (iii) of subparagraph (A).
(2) Vetting report required.--Not later than 60 days after
providing any assistance described in paragraph (1), the
Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report that--
(A) identifies the unit to which such assistance has been
provided;
(B) describes the vetting process used; and
(C) describes how such assistance is impacting United
States policy and how the relevant country is taking
effective steps to prevent any misuse of such assistance.
(3) Transfer authority.--The Secretary of Defense and the
Secretary of State, respectively, may make available amounts
withheld from obligation or expenditure pursuant to the
limitation under paragraph (1) for programs in El Salvador,
Honduras, or Guatemala that do not support the central
governments of such countries.
(4) Report on northern triangle countries.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, and shall submit to
the appropriate congressional committees a report that
includes the following:
(i) A description of any ongoing or planned activities in
cooperation with the security forces of the Northern Triangle
countries.
(ii) An assessment of the adherence of the security forces
of the Northern Triangle countries to human rights norms and
the rule of law, and a description of any ongoing or planned
activities between the United States and the Northern
Triangle countries focused on protection of human rights and
adherence to the rule of law, as well as the response by the
Department to any serious violations of human rights or anti-
democratic actions by the security forces of such countries.
(iii) A list of all United States training and equipment
provided to the security forces of the Northern Triangle
countries within the 2 years prior to the date of the
enactment of this Act, the number of inspections of the use
of such equipment that have occurred during that period, and
the nature of those inspections.
(iv) An evaluation of the current vetting process used to
ensure that any such equipment is not provided to a unit or
individual that is ineligible to receive such equipment under
paragraph (1).
(v) A list of any such units or individuals that are
credibly alleged to have engaged in serious violations of
human rights, significant corruption, or anti-democratic
activities that have received United States assistance within
the two years prior to the date of the enactment of this Act.
(vi) A list of any such units that are known to the
Secretary to have used United States equipment for any
purpose other than the purpose for which the equipment was
provided by the United States.
(B) Form.--The report required by subparagraph (A) shall be
submitted in unclassified form, but may contain a classified
annex.
(C) Definitions.--In this paragraph--
(i) the term ``Northern Triangle countries'' means El
Salvador, Honduras, and Guatemala; and
(ii) the term ``appropriate congressional committees''
means the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate.
(c) State Department Fellowships for Rule of Law Activities
in Central America.--
(1) Establishment.--There is established in the Department
of State a fellowship program, to be known as the ``Central
American Network for Democracy'', to support a regional corps
of civil society, activists, lawyers (including members of
the judiciary and prosecutors' offices), journalists, and
investigators to leverage lessons learned in order to
contribute to regional democracy and rule of law activities
in Central America, including electoral and transition
support, institutional reform, anti-corruption
investigations, and local engagement.
(2) Regional and international support.--The Secretary of
State shall take such steps as may be necessary to obtain
support for such fellowships from international foundations,
regional and United States governmental and nongovernmental
organizations, and regional and United States universities.
(3) Focus; safety.--Activities carried out under the
fellowship--
(A) should focus on coordination and consultation with key
bodies to continue their democracy efforts, including the
Department of Justice, Department of Treasury, Department of
State, the United States Agency for International
Development, the Organization of American States, the Inter-
American Court for Human Rights, and the United Nations; and
(B) may include strengthened protection for the physical
safety of individuals who must leave their home country to
participate in the program, including assistance for
temporary relocation, English language learning, and mental
health support.
(d) Reports and Briefing Required.--
(1) Annual progress report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to Congress a report entitled
``Rule of Law and Democratic Stability in Central America,''
that includes--
(i) a description of the efforts of the Department of
State, working with the United States Agency for
International Development, to address whole-of-government
approaches to counter democratic deficiencies or backsliding,
endemic corruption, efforts to weaken the rule of law, and
attacks against independent media and civil society
organizations that threaten political instability and prevent
equitable development opportunities in the preceding year;
and
(ii) a description of all economic sanctions, visa
restrictions, or other measures taken by the United States to
achieve the goals described in paragraph (1), and the impact
of such actions.
(B) Form; publication.--
(i) Form.--The report required by subparagraph (A) shall be
submitted in unclassified form but may include a classified
annex.
(ii) Publication.--The unclassified portion of each report
required by subparagraph (A) shall be made publicly available
by the committee or committees of Congress receiving such
report.
(2) Inclusion of corruption concerns in other reporting.--
The Secretary of State shall include consideration of
measures against corruption in the context of all required
reporting with respect to human rights, including in the
annual Country Reports on Human Rights Practices submitted
pursuant to section 116 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n).
(3) International financial institution funding
assessment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
Congress a review of all United States funding made available
to international financial institutions in the previous
fiscal year that includes a determination whether any such
funding has been provided to any individual or any
institution led by an individual credibly alleged to have
engaged in acts of corruption or the obstruction of
democratic processes or institutions. Such review shall also
include a description of the actions taken in the instance
that funds are misused, abused, or assessed to be misused,
abused, or otherwise used for corrupt or undemocratic
actions, and how the public procurement process played a role
in the matter.
(4) Central america intelligence assessment.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of State, in coordination with the Director of
National Intelligence and the heads of other applicable
Federal departments and agencies shall conduct and submit to
Congress an intelligence assessment examining improper
influence or interference by persons comprising corrupt power
structures and illicit networks, such as organized crime,
over the security sector, judicial sector, legislative
bodies, and public finance and procurement processes in
Central American countries, in order to prioritize
investigations of individuals who play a significant role in
enabling high level corruption and obstruction of democratic
processes, including--
(A) current or former officials of the security sector or
the justice sector, including officials of any sector or
ministry involved in the selection of prosecutors or other
judicial officers, who have willfully cooperated or colluded
with such corrupt structures or illicit networks;
(B) private citizens, entities, and nongovernmental
organizations involved in--
(i) the bribery of or threats against, personnel of the
justice sector, journalists, or activists; or
[[Page H4892]]
(ii) the misuse of disciplinary proceedings and formal and
informal sanctions with respect to the justice sector with
the intention of harassing, punishing, or otherwise
interfering with the legitimate exercise of a judge's
professional activities
(C) any other persons directly involved in, financing, or
otherwise supporting, the activities described in
subparagraph (A) or (B).
(5) Quarterly briefings.--
(A) In general.--The Secretary of State shall provide
quarterly briefings, including in classified form as
appropriate, to the appropriate congressional committees to
discuss the strategy of the Department to leverage all United
States tools, including non-public and public visa
restrictions or revocations, economic sanctions, asset
forfeitures, or criminal charges, to sanction the foreign
persons described in subparagraph (B), any actions taken in
the preceding quarter against corrupt and undemocratic
foreign persons, and the outcome of such actions to date.
Such briefings shall also include a discussion of actions
proposed to be taken in the forthcoming quarter with respect
to such persons.
(B) Targeted foreign nationals.--The foreign persons
described in this subparagraph are the following:
(i) Foreign persons identified in the intelligence
assessment required by paragraph (4), including persons
providing material support for acts of significant corruption
such as influence peddling, illicit enrichment, abuse of
power, or acts that serve to protect and maintain impunity.
(ii) Foreign persons engaging in a pattern or practice of
threatening justice sector personnel, witnesses, victims or
their representatives in an official proceeding, including
through direct communications, public defamation campaigns,
or the intentional misuse of legal process to harass such
persons with the purpose or effect of intimidating and
obstructing the judicial process, except that speech,
including through social media, that would be protected in
the United States under the First Amendment to the United
States Constitution may not be construed to constitute such a
pattern or practice.
(iii) Foreign persons providing a thing of value in
exchange for an official act, including--
(I) providing campaign funds for the purpose of securing
lax enforcement of the law or access to public resources; or
(II) supporting appointment to an official post in exchange
for favorable treatment.
(iv) Foreign persons obstructing justice in human rights or
corruption investigations or prosecutions, including by
filing legal claims for an improper purpose such as to
harass, delay or increase the cost of litigation.
(v) Foreign persons repressing free speech, assembly, or
organization.
(vi) Foreign persons threatening or committing violence or
intimidation against investigators, activists, journalists,
or human rights defenders.
(vii) Foreign persons committing actions or policies that
undermine democratic processes or institutions.
(viii) Foreign persons attempting to manipulate elections
or suppress votes, including through the misuse of
administrative resources, corrupt interference in the
regulation or administration of elections, intimidation at
the polls, or the intentional publication of false
information pertaining to elections, candidates, or parties.
(ix) Foreign persons interfering in any election for public
office in Central America or in the United States, including
official candidate selection processes or campaign finance.
(x) Foreign officials or groups providing financial support
or indirect support to any other person engaged in one or
more of the activities described in this paragraph.
(e) Authorization of Appropriations to Support Rule of Law
and Anti-corruption Activities.--There is authorized to be
appropriated $10,000,000 for the Secretary of State and the
Administrator of the United States Agency for International
Development to strengthen the rule of law, combat corruption,
consolidate democratic governance, and protect and defend
human rights, including for activities carried out with
respect to Central American countries.
Amendment No. 32 Offered by Mr. Langevin of Rhode Island
Add at the end of subtitle D of title XV of division A the
following:
SECTION 15__. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT
DETAILS ON NONREIMBURSABLE BASIS.
Section 1752(e) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and indenting
such subparagraphs two ems to the right;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by striking ``The Director may'' and
inserting the following:
``(1) In general.--The Director may'';
(3) in paragraph (1)--
(A) as redesignated by paragraph (2), by redesignating
subparagraphs (C) through (H) as subparagraphs (D) through
(I), respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) accept officers or employees of the United States or
members of the Armed Forces on a detail from an element of
the intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) or from another element of the Federal Government
on a nonreimbursable basis, as jointly agreed to by the heads
of the receiving and detailing elements, for a period not to
exceed three years;''; and
(4) by adding at the end the following new paragraph:
``(2) Rules of construction regarding details.--Paragraph
(1)(C) shall not be construed to impose any limitation on any
other authority for reimbursable or nonreimbursable details.
A nonreimbursable detail made under such paragraph shall not
be considered an augmentation of the appropriations of the
receiving element of the Office of the National Cyber
Director.''.
Amendment No. 33 Offered by Mr. Kahele of Hawaii
At the end of subtitle I of title V, insert the following:
SEC. 585. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT
WOUNDED KNEE CREEK ON DECEMBER 29, 1890.
(a) In General.--Each Medal of Honor awarded for acts at
Wounded Knee Creek, Lakota Pine Ridge Indian Reservation,
South Dakota, on December 29, 1890, is rescinded.
(b) Medal of Honor Roll.--The Secretary concerned shall
remove the name of each individual awarded a Medal of Honor
for acts described in subsection (a) from the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll maintained under
section 1134a of title 10, United States Code.
(c) Return of Medal Not Required.--No person may be
required to return to the Federal Government a Medal of Honor
rescinded under subsection (a).
(d) No Denial of Benefits.--This Act shall not be construed
to deny any individual any benefit from the Federal
Government.
Amendment No. 37 Offered by Ms. Houlahan of Pennsylvania
Add after title LIII the following new title:
TITLE LIV--FEDERAL CYBERSECURITY WORKFORCE EXPANSION
SEC. 5401. FINDINGS.
Congress finds that--
(1) the need for qualified cybersecurity personnel is
greater than ever, as demonstrated by the recent SolarWinds
breach and the growing spate of ransomware attacks on
critical infrastructure entities and State and local
governments;
(2) the Federal Government is facing a shortage of
qualified cybersecurity personnel, as noted in a March 2019
Government Accountability Office report on critical staffing
needs in the Federal cybersecurity workforce;
(3) there is a national shortage of qualified cybersecurity
personnel, and according to CyberSeek, a project supported by
the National Initiative for Cybersecurity Education within
the National Institute of Standards and Technology, there are
approximately 500,000 cybersecurity job openings around the
United States;
(4) in May 2021, the Department of Homeland Security
announced that the Department was initiating a 60 day sprint
to hire 200 cybersecurity personnel across the Department,
with 100 of those hires for the Cybersecurity and
Infrastructure Security Agency, to address a cybersecurity
workforce shortage; and
(5) the Federal Government needs to--
(A) expand the cybersecurity workforce pipeline of the
Federal Government to sustainably close a Federal
cybersecurity workforce shortage; and
(B) work cooperatively with the private sector and State
and local government authorities to expand opportunities for
new cybersecurity professionals.
SEC. 5402. CYBERSECURITY AND INFRASTRUCTURE SECURITY
APPRENTICESHIP PROGRAM.
Subtitle A of title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by adding at the end
the following:
``SEC. 2202A. APPRENTICESHIP PROGRAM.
``(a) Definitions.--In this section:
``(1) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
``(2) Community college.--The term `community college'
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is
an associate's degree, including--
``(A) a 2-year Tribal College or and University, as defined
in section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c); and
``(B) a public 2-year State institution of higher
education.
``(3) Cybersecurity work roles.--The term `cybersecurity
work roles' means the work roles outlined in the National
Initiative for Cybersecurity Education Cybersecurity
Workforce Framework (NIST Special Publication 800-181), or
any successor framework.
``(4) Education and training provider.--The term `education
and training provider' means--
``(A) an area career and technical education school;
``(B) an early college high school;
``(C) an educational service agency;
``(D) a high school;
[[Page H4893]]
``(E) a local educational agency or State educational
agency;
``(F) a Tribal educational agency, Tribally controlled
college or university, or Tribally controlled postsecondary
career and technical institution;
``(G) a postsecondary educational institution;
``(H) a minority-serving institution;
``(I) a provider of adult education and literacy activities
under the Adult Education and Family Literacy Act (29 U.S.C.
3271 et seq.);
``(J) a local agency administering plans under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741);
``(K) a related instruction provider, including a qualified
intermediary acting as a related instruction provider as
approved by a registration agency;
``(L) a Job Corps center, as defined in section 142 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or
``(M) a consortium of entities described in any of
subparagraphs (A) through (L).
``(5) Eligible entity.--
``(A) In general.--The term `eligible entity' means--
``(i) a program sponsor;
``(ii) a State workforce development board or State
workforce agency, or a local workforce development board or
local workforce development agency;
``(iii) an education and training provider;
``(iv) if the applicant is in a State with a State
apprenticeship agency, such State apprenticeship agency;
``(v) an Indian Tribe or Tribal organization;
``(vi) an industry or sector partnership, a group of
employers, a trade association, or a professional association
that sponsors or participates in a program under the national
apprenticeship system;
``(vii) a Governor of a State;
``(viii) a labor organization or joint labor-management
organization; or
``(ix) a qualified intermediary.
``(B) Sponsor requirement.--Not fewer than 1 entity
described in subparagraph (A) shall be the sponsor of a
program under the national apprenticeship system.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(7) Local educational agency; secondary school.--The
terms `local educational agency' and `secondary school' have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(8) Local workforce development board.--The term `local
workforce development board' has the meaning given the term
`local board' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(9) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
``(10) Provider of adult education.--The term `provider of
adult education' has the meaning given the term `eligible
provider' in section 203 of the Adult Education and Family
Literacy Act (29 U.S.C. 3272).
``(11) Related instruction.--The term `related instruction'
means an organized and systematic form of instruction
designed to provide an individual in an apprenticeship
program with the knowledge of the technical subjects related
to the intended occupation of the individual after completion
of the program.
``(12) Sponsor.--The term `sponsor' means any person,
association, committee, or organization operating an
apprenticeship program and in whose name the program is, or
is to be, registered or approved.
``(13) State apprenticeship agency.--The term `State
apprenticeship agency' has the meaning given the term in
section 29.2 of title 29, Code of Federal Regulations, or any
corresponding similar regulation or ruling.
``(14) State workforce development board.--The term `State
workforce development board' has the meaning given the term
`State board' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(15) WIOA terms.--The terms `career planning',
`community-based organization', `economic development
agency', `industry or sector partnership', `on-the-job
training', `recognized postsecondary credential', and
`workplace learning advisor' have the meanings given those
terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(16) Qualified intermediary.--
``(A) In general.--The term `qualified intermediary' means
an entity that demonstrates expertise in building,
connecting, sustaining, and measuring the performance of
partnerships described in subparagraph (B) and serves program
participants and employers by--
``(i) connecting employers to programs under the national
apprenticeship system;
``(ii) assisting in the design and implementation of such
programs, including curriculum development and delivery for
related instruction;
``(iii) supporting entities, sponsors, or program
administrators in meeting the registration and reporting
requirements of this Act;
``(iv) providing professional development activities such
as training to mentors;
``(v) supporting the recruitment, retention, and completion
of potential program participants, including nontraditional
apprenticeship populations and individuals with barriers to
employment;
``(vi) developing and providing personalized program
participant supports, including by partnering with
organizations to provide access to or referrals for
supportive services and financial advising;
``(vii) providing services, resources, and supports for
development, delivery, expansion, or improvement of programs
under the national apprenticeship system; or
``(viii) serving as a program sponsor.
``(B) Partnerships.--The term `partnerships described in
subparagraph (B)' means partnerships among entities involved
in, or applying to participate in, programs under the
national apprenticeship system, including--
``(i) industry or sector partnerships;
``(ii) partnerships among employers, joint labor-management
organizations, labor organizations, community-based
organizations, industry associations, State or local
workforce development boards, education and training
providers, social service organizations, economic development
organizations, Indian Tribes or Tribal organizations, one-
stop operators, one-stop partners, or veterans service
organizations in the State workforce development system; or
``(iii) partnerships among 1 or more of the entities
described in clauses (i) and (ii).
``(b) Establishment of Apprenticeship Programs.--Not later
than 2 years after the date of enactment of this section, the
Director may establish 1 or more apprenticeship programs as
described in subsection (c).
``(c) Apprenticeship Programs Described.--An apprenticeship
program described in this subsection is an apprenticeship
program that--
``(1) leads directly to employment in--
``(A) a cybersecurity work role with the Agency; or
``(B) a position with a company or other entity provided
that the position is--
``(i) certified by the Director as contributing to the
national cybersecurity of the United States; and
``(ii) funded at least in majority part through a contract,
grant, or cooperative agreement with the Agency;
``(2) is focused on competencies and related learning
necessary, as determined by the Director, to meet the
immediate and ongoing needs of cybersecurity work roles at
the Agency; and
``(3) is registered with and approved by the Office of
Apprenticeship of the Department of Labor or a State
apprenticeship agency pursuant to the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; 29
U.S.C. 50 et seq.).
``(d) Coordination.--In the development of an
apprenticeships program under this section, the Director
shall consult with the Secretary of Labor, the Director of
the National Institute of Standards and Technology, the
Secretary of Defense, the Director of the National Science
Foundation, and the Director of the Office of Personnel
Management to leverage existing resources, research,
communities of practice, and frameworks for developing
cybersecurity apprenticeship programs.
``(e) Optional Use of Grants or Cooperative Agreements.--An
apprenticeship program under this section may include
entering into a contract or cooperative agreement with or
making a grant to an eligible entity if determined
appropriate by the Director based on the eligible entity--
``(1) demonstrating experience in implementing and
providing career planning and career pathways toward
apprenticeship programs;
``(2) having knowledge of cybersecurity workforce
development;
``(3) being eligible to enter into a contract or
cooperative agreement with or receive grant funds from the
Agency as described in this section;
``(4) providing students who complete the apprenticeship
program with a recognized postsecondary credential;
``(5) using related instruction that is specifically
aligned with the needs of the Agency and utilizes workplace
learning advisors and on-the-job training to the greatest
extent possible; and
``(6) demonstrating successful outcomes connecting
graduates of the apprenticeship program to careers relevant
to the program.
``(f) Applications.--If the Director enters into an
arrangement as described in subsection (e), an eligible
entity seeking a contract, cooperative agreement, or grant
under the program shall submit to the Director an application
at such time, in such manner, and containing such information
as the Director may require.
``(g) Priority.--In selecting eligible entities to receive
a contract, grant, or cooperative agreement under this
section, the Director may prioritize an eligible entity
that--
``(1) is a member of an industry or sector partnership;
``(2) provides related instruction for an apprenticeship
program through--
``(A) a local educational agency, a secondary school, a
provider of adult education, an area career and technical
education school, or an institution of higher education; or
``(B) an apprenticeship program that was registered with
the Department of Labor or a State apprenticeship agency
before the
[[Page H4894]]
date on which the eligible entity applies for the grant under
subsection (g);
``(3) works with the Secretary of Defense, the Secretary of
Veterans Affairs, or veterans organizations to transition
members of the Armed Forces and veterans to apprenticeship
programs in a relevant sector; or
``(4) plans to use the grant to carry out the
apprenticeship program with an entity that receives State
funding or is operated by a State agency.
``(h) Technical Assistance.--The Director shall provide
technical assistance to eligible entities to leverage the
existing job training and education programs of the Agency
and other relevant programs at appropriate Federal agencies.
``(i) Excepted Service.--Participants in the program may be
entered into cybersecurity-specific excepted service
positions as determined appropriate by the Director and
authorized by section 2208.
``(j) Report.--
``(1) In general.--Not less than once every 2 years after
the establishment of an apprenticeship program under this
section, the Director shall submit to Congress a report on
the program, including--
``(A) a description of--
``(i) any activity carried out by the Agency under this
section;
``(ii) any entity that enters into a contract or agreement
with or receives a grant from the Agency under subsection
(e);
``(iii) any activity carried out using a contract,
agreement, or grant under this section as described in
subsection (e); and
``(iv) best practices used to leverage the investment of
the Federal Government under this section; and
``(B) an assessment of the results achieved by the program,
including the rate of continued employment at the Agency for
participants after completing an apprenticeship program
carried out under this section.
``(k) Performance Reports.--Not later than 1 year after the
establishment of an apprenticeship program under this
section, and annually thereafter, the Director shall submit
to Congress and the Secretary of Labor a report on the
effectiveness of the program based on the accountability
measures described in clauses (i) and (ii) of section
116(b)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)).
``(l) Authorization of Appropriations.--There is authorized
to be appropriated to the Agency such sums as necessary to
carry out this section.''.
SEC. 5403. PILOT PROGRAM ON CYBER TRAINING FOR VETERANS AND
MEMBERS OF THE ARMED FORCES TRANSITIONING TO
CIVILIAN LIFE.
(a) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means an individual who is--
(A) a member of the Armed Forces transitioning from service
in the Armed Forces to civilian life; or
(B) a veteran.
(2) Portable credential.--The term ``portable
credential''--
(A) means a documented award by a responsible and
authorized entity that has determined that an individual has
achieved specific learning outcomes relative to a given
standard; and
(B) includes a degree, diploma, license, certificate,
badge, and professional or industry certification that--
(i) has value locally and nationally in labor markets,
educational systems, or other contexts;
(ii) is defined publicly in such a way that allows
educators, employers, and other individuals and entities to
understand and verify the full set of skills represented by
the credential; and
(iii) enables a holder of the credential to move vertically
and horizontally within and across training and education
systems for the attainment of other credentials.
(3) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 31, United States Code.
(4) Work-based learning.--The term ``work-based learning''
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program under which the Secretary
shall provide cyber-specific training for eligible
individuals.
(c) Elements.--The pilot program established under
subsection (b) shall incorporate--
(1) virtual platforms for coursework and training;
(2) hands-on skills labs and assessments;
(3) Federal work-based learning opportunities and programs;
and
(4) the provision of portable credentials to eligible
individuals who graduate from the pilot program.
(d) Alignment With NICE Workforce Framework for
Cybersecurity.--The pilot program established under
subsection (b) shall align with the taxonomy, including work
roles and associated tasks, knowledge, and skills, from the
National Initiative for Cybersecurity Education Workforce
Framework for Cybersecurity (NIST Special Publication 800-
181), or any successor framework.
(e) Coordination.--
(1) Training, platforms, and frameworks.--In developing the
pilot program under subsection (b), the Secretary of Veterans
Affairs shall coordinate with the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of Labor, and
the Director of the Office of Personnel Management to
evaluate and, where possible, leverage existing training,
platforms, and frameworks of the Federal Government for
providing cyber education and training to prevent duplication
of efforts.
(2) Federal work-based learning opportunities and
programs.--In developing the Federal work-based learning
opportunities and programs required under subsection (c)(3),
the Secretary of Veterans Affairs shall coordinate with the
Secretary of Defense, the Secretary of Homeland Security, the
Secretary of Labor, the Director of the Office of Personnel
Management, and the heads of other appropriate Federal
agencies to identify or create interagency opportunities that
will enable the pilot program established under subsection
(b) to--
(A) bridge the gap between knowledge acquisition and skills
application for participants; and
(B) give participants the experience necessary to pursue
Federal employment.
(f) Resources.--
(1) In general.--In any case in which the pilot program
established under subsection (b)--
(A) uses a program of the Department of Veterans Affairs or
platforms and frameworks described in subsection (e)(1), the
Secretary of Veterans Affairs shall take such actions as may
be necessary to ensure that those programs, platforms, and
frameworks are expanded and resourced to accommodate usage by
eligible individuals participating in the pilot program; or
(B) does not use a program of the Department of Veterans
Affairs or platforms and frameworks described in subsection
(e)(1), the Secretary of Veterans Affairs shall take such
actions as may be necessary to develop or procure programs,
platforms, and frameworks necessary to carry out the
requirements of subsection (c) and accommodate the usage by
eligible individuals participating in the pilot program.
(2) Actions.--Actions described in paragraph (1) may
include providing additional funding, staff, or other
resources to--
(A) provide administrative support for basic functions of
the pilot program;
(B) ensure the success and ongoing engagement of eligible
individuals participating in the pilot program;
(C) connect graduates of the pilot program to job
opportunities within the Federal Government; and
(D) allocate dedicated positions for term employment to
enable Federal work-based learning opportunities and programs
for participants to gain the experience necessary to pursue
permanent Federal employment.
SEC. 5404. FEDERAL WORKFORCE ASSESSMENT EXTENSION.
Section 304(a) of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the
matter preceding paragraph (1), by striking ``2022'' and
inserting ``2025''.
SEC. 5405. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.
(a) Technical Amendments.--
(1) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(A) in the first section 2215 (6 U.S.C. 665; relating to
the duties and authorities relating to .gov internet domain),
by amending the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(B) in the second section 2215 (6 U.S.C. 665b; relating to
the joint cyber planning office), by amending the section
enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(C) in the third section 2215 (6 U.S.C. 665c; relating to
the Cybersecurity State Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(D) in the fourth section 2215 (6 U.S.C. 665d; relating to
Sector Risk Management Agencies), by amending the section
enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(E) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(F) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING
PROGRAMS.''.
(2) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
[[Page H4895]]
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. Apprenticeship program.''.
Amendment No. 43 Offered by Ms. Spanberger of Virginia
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. CHINA FINANCIAL THREAT MITIGATION.
(a) Report.--The Secretary of the Treasury shall conduct a
study and issue a report that includes a description and
analysis of any risks to the financial stability of the
United States and the global economy emanating from the
People's Republic of China, along with any recommendations to
the United States representatives at the International
Monetary Fund and the Financial Stability Board to strengthen
international cooperation to monitor and mitigate such
financial stability risks through the work of the
International Monetary Fund and the Financial Stability
Board.
(b) Transmission of Report.--The Secretary of the Treasury
shall transmit the report required under subsection (a) no
later than December 31, 2022, to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, the United
States Executive Director at the International Monetary Fund,
and any person representing the United States at the
Financial Stability Board.
(c) Publication of Report.--The Secretary of the Treasury
shall publish the report required under subsection (a) on the
website of the Department of the Treasury no later than
December 31, 2022.
Amendment No. 44 Offered by Mr. Gottheimer of New Jersey
In title LI, add at the end the following:
SEC. 5106. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
(a) Report on Financial Services Benefitting State Sponsors
of Terrorism, Human Rights Abusers, and Corrupt Officials.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of the Treasury shall issue a report to the
Committees on Financial Services and Foreign Affairs of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Foreign Relations of the
Senate that includes--
(A) a copy of any license issued by the Secretary in the
preceding 180 days that authorizes a financial institution to
provide financial services benefitting a state sponsor of
terrorism; and
(B) a list of any foreign financial institutions that, in
the preceding 180 days, knowingly conducted a significant
transaction or transactions, directly or indirectly, for a
sanctioned person included on the Department of the
Treasury's Specially Designated Nationals And Blocked Persons
List who--
(i) is owned or controlled by, or acts on behalf of, the
government of a state sponsor of terrorism; or
(ii) is designated pursuant to any of the following:
(I) Section 404 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012 (Public Law 112208).
(II) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328,
the Global Magnitsky Human Rights Accountability Act).
(III) Executive Order No. 13818.
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Waiver.--The Secretary of the Treasury may waive the
requirements of subsection (a) with respect to a foreign
financial institution described in paragraph (1)(B) of such
subsection--
(1) upon receiving credible assurances that the foreign
financial institution has ceased, or will imminently cease,
to knowingly conduct any significant transaction or
transactions, directly or indirectly, for a person described
in clause (i) or (ii) of such subparagraph (B); or
(2) upon certifying to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and Foreign
Relations of the Senate that the waiver is important to the
national interest of the United States, with an explanation
of the reasons therefor.
(c) Definitions.--For purposes of this section:
(1) Financial institution.--The term ``financial
institution'' means a United States financial institution or
a foreign financial institution.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 561.308 of title 31, Code of Federal Regulations.
(3) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
(d) Sunset.--The reporting requirement under this section
shall terminate on the date that is the end of the 7-year
period beginning on the date of the enactment of this Act.
Amendment No. 45 Offered by Ms. Adams of North Carolina
Page 389, line 12, insert ``status as a nursing mother,''
after ``pregnancy,''.
Amendment No. 46 Offered by Ms. Adams of North Carolina
Page 61, line 2, by inserting ``, including physical
infrastructure,'' after ``capability''.
Page 61, line 7, insert ``(including historically black
colleges and universities)'' after ``institutions''.
Page 61, after line 12, insert the following new paragraph
and redesignate the succeeding paragraph accordingly:
(3) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with the following:
(A) The Secretary of Education.
(B) The Secretary of Agriculture.
(C) The Secretary of Energy.
(D) The Administrator of the National Aeronautics and Space
Administration.
(E) The National Science Foundation.
(F) Such other organizations as the Secretary considers
appropriate.
Page 62, line 5, insert ``Historically Black Colleges and
Universities and'' before ``Minority Institutions''.
Page 63, line 1, insert ``, including physical
infrastructure,'' after ``capabilities''.
Page 65, after line 4, insert the following new paragraph
and redesignate the succeeding paragraphs accordingly:
(3) The term ``historically black college or university''
means a part B institution (as such term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))).
Page 65, strike lines 6 through 8 and insert the following:
(A) a historically black college or university; or
Amendment No. 47 Offered by Mr. Arrington of Texas
At the end of subtitle E of title I, add the following new
section:
SEC. 1__. BRIEFING ON MILITARY TYPE CERTIFICATIONS FOR
AIRCRAFT.
(a) Briefing Required.--Not later than April 30, 2022, the
Secretary of the Air Force, or the Secretary's designee,
shall provide to the congressional defense committees a
briefing on the process for evaluating and granting military
type certifications for aircraft.
(b) Elements.--The briefing under subsection (a) shall
include a detailed overview of the process for granting
military type certifications for aircraft, including the
following:
(1) The evaluation criteria used for determining the
suitability of an aircraft to receive a military type
certification, including the threshold requirements for
obtaining such a certification.
(2) Whether commercially available data is used as part of
the evaluation process, and if commercially available data is
not used, an explanation of the reasons such data is not
used.
(3) The list of aircraft granted military type
certifications over the past 10 years.
(4) The national security implications taken into account
when determining the suitability of an aircraft for a
military type certification.
(c) Form.--The briefing under subsection (a) shall be
submitted in unclassified format but may include a classified
annex.
(d) Submittal of Materials.--The Secretary of the Air Force
shall deliver any materials relevant to the briefing to the
congressional defense committees before the date of the
briefing.
Amendment No. 48 Offered by Mr. Arrington of Texas
At the end of subtitle A of title XIII, add the following:
SEC. 1304. REPORT RELATING TO NORDSTREAM 2 PIPELINE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretaries of Defense and State
shall jointly submit to the appropriate congressional
committees a report that includes--
(1) a descriptions of the hard currency and other financial
benefits the Russian Federation will obtain through the
operation of the Nordstream 2 Pipeline; and
(2) an analysis of the security risks of a completed
pipeline to Ukraine, our European allies and partners, and
the NATO alliance.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex. It shall also be publicly available on a website
operated by the Federal government.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
Amendment No. 49 Offered by Mr. Auchincloss of Massachusetts
In title LI of division E, after section 5105, insert the
following:
[[Page H4896]]
SEC. 5106. DETERMINATION WITH RESPECT TO PRIMARY MONEY
LAUNDERING CONCERN OF AFGHAN ILLICIT FINANCE.
(a) Determination.--If the Secretary of the Treasury
determines that reasonable grounds exist for concluding that
one or more financial institutions operating outside of the
United States, or 1 or more classes of transactions within,
or involving, a jurisdiction outside of the United States, or
1 or more types of accounts within, or involving, a
jurisdiction outside of the United States is of primary money
laundering concern in connection with Afghan illicit finance,
the Secretary of the Treasury may, by order, regulation, or
otherwise as permitted by law--
(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
described in section 5318A(b) of title 31, United States
Code; or
(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary)
involving any domestic financial institution or domestic
financial agency, if such transmittal of funds involves any
such institution, class of transaction, or type of account.
(b) Report Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Financial Services and Foreign
Affairs of the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Foreign Relations of
the Senate a report that shall identify any additional
regulations, statutory changes, enhanced due diligence, and
reporting requirements that are necessary to better identify,
prevent, and combat money laundering linked to Afghanistan,
including related to--
(A) identifying the beneficial ownership of anonymous
companies;
(B) strengthening current, or enacting new, reporting
requirements and customer due diligence requirements for
sectors and entities that support illicit financial activity
related to Afghanistan; and
(C) enhanced know-your-customer procedures and screening
for transactions involving Afghan political leaders, Afghan
state-owned or -controlled enterprises, and known Afghan
transnational organized crime figures.
(2) Format.--The report required under this subsection
shall be made available to the public, including on the
website of the Department of the Treasury, but may contain a
classified annex and be accompanied by a classified briefing.
(c) Sense of Congress on International Cooperation.--It is
the sense of the Congress that the Secretary of the Treasury
and other relevant cabinet members (such as the Secretary of
State, Secretary of Homeland Security, and Attorney General)
should work jointly with European, E.U., and U.K. financial
intelligence units, trade transparency units, and appropriate
law enforcement authorities to present, both in the report
required under subsection (b) and in future analysis of
suspicious transaction reports, cash transaction reports,
currency and monetary instrument reports, and other relevant
data to identify trends and assess risks in the movement of
illicit funds from Afghanistan through the United States,
British, and European financial systems.
(d) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering
concern, or of the requirement for 1 or more special measures
with respect to a primary money laundering concern made under
this section, if the designation or imposition, or both, were
based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C.
App.), such information may be submitted by the Secretary to
the reviewing court ex parte and in camera. This subsection
does not confer or imply any right to judicial review of any
finding made or any requirement imposed under this section.
(e) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section
5319 of title 31, United States Code, shall apply to any
report or record of report filed pursuant to a requirement
imposed under subsection (a) of this section. For purposes of
section 552 of title 5, United States Code, this subsection
shall be considered a statute described in subsection
(b)(3)(B) of that section.
(f) Penalties.--The penalties provided for in sections 5321
and 5322 of title 31, United States Code, that apply to
violations of special measures imposed under section 5318A of
title 31,United States Code, shall apply to violations of any
order, regulation, special measure, or other requirement
imposed under subsection (a) of this section, in the same
manner and to the same extent as described in sections 5321
and 5322.
(g) Injunctions.--The Secretary of the Treasury may bring a
civil action to enjoin a violation of any order, regulation,
special measure, or other requirement imposed under
subsection (a) of this section in the same manner and to the
same extent as described in section 5320 of title 31, United
States Code.
Amendment No. 50 Offered by Mr. auchincloss of Massachusetts
Page 868, after line 10, insert the following (and
redesignate the subsequent subsections accordingly):
(e) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any Federal department or agency information, including,
consistent with the obligation to protect intelligence
sources and methods, information in the possession of the
intelligence community, that is necessary to enable it to
carry out its purposes and functions under this section. Upon
request of the chair of the Commission, the chair of any
subcommittee created by a majority of the Commission, or any
member designated by a majority of the Commission, the head
of such department or agency shall furnish such information
to the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
Amendment No. 51 offered by Mr. Baird of Indiana
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. FUNDING FOR HYPERSONICS ADVANCED MANUFACTURING.
(a) In General.--Of the funds authorized to be appropriated
by section 201 for research, development, test, and
evaluation, Defense-wide, as specified in the corresponding
funding table in section 4201, for advanced technology
development for the Defense-wide manufacturing science and
technology program, line 050 (PE0603680D8Z), $15,000,000 is
authorized to be used in support of hypersonics advanced
manufacturing.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Space Force, as specified in the corresponding funding table
in section 4301, for contractor logistics and system support,
line 080, is hereby reduced by $15,000,000.
Amendment No. 52 offered by mr. banks of indiana
Add at the end of title LX the following new section:
SEC. ____. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO
MEMBERS OF BOARD OF VISITORS OF MILITARY
ACADEMIES WHOSE TERMS HAVE EXPIRED.
(a) United States Military Academy.--Section 7455(b) of
title 10, United States Code, is amended by striking ``is
appointed'' and inserting ``is appointed by the President''.
(b) United States Naval Academy.--Section 8468(b) of title
10, United States Code, is amended by striking ``is
appointed'' and inserting ``is appointed by the President''.
(c) United States Air Force Academy.--Section 9455(b)(1) of
title 10, United States Code, is amended by striking ``is
designated'' and inserting ``is designated by the
President''.
(d) United States Coast Guard Academy.--Section
1903(b)(2)(B) of title 14, United States Code, is amended by
striking ``is appointed'' and inserting ``is appointed by the
President''.
Amendment No. 53 offered by Mr. Barr of Kentucky
Add at the end of subtitle E of title XII of division A the
following:
SEC. 12__. REPORT ON INTELLIGENCE MATTERS REGARDING TAIWAN.
(a) In General.--Consistent with section 3(c) of the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), and
consistent with the protection of intelligence sources and
methods, not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of Defense, shall submit
to the congressional defense committees, the Permanent Select
Committee on Intelligence and the Committee on Foreign
Affairs of the House of Representatives, and the Select
Committee on Intelligence and the Committee on Foreign
Relations of the Senate a report on any--
(1) influence operations conducted by China to interfere in
or undermine peace and stability of the Taiwan Strait and the
Indo-Pacific region; and
(2) efforts by the United States to work with Taiwan to
disrupt such operations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of any significant efforts by the
intelligence community (as such term is defined in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) to coordinate technical and material support for
Taiwan to identify, disrupt, and combat influence operations
referred to in subsection (a)(1).
(2) A description of any efforts by the United States
Government to build the capacity of Taiwan to disrupt
external efforts that degrade its free and democratic
society.
(3) An assessment to achieve measurable progress in
enhancing the intelligence community's cooperation with
Taiwan, including through--
(A) development of strategies to engage Taiwan in the
discussions of United States-leading intelligence forums or
dialogues;
(B) an evaluation of the feasibility of cooperating with
Taiwan in the Mandarin language education and training for
the United States' intelligence community through the Foreign
Language Incentive Program and programs under the
Intelligence Language Institute; and
(C) implementing steps to increase exchanges and mutual
visits between the intelligence communities of the United
States and Taiwan at all levels in accordance with the Taiwan
Travel Act (Public Law 115-135)
[[Page H4897]]
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
amendment no. 54 offered by mr. barr of kentucky
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS.
(a) Pilot Program.--The Secretary of Defense, acting
through the Defense Health Agency, shall carry out a pilot
program to determine the prevalence of sleep apnea among
members of the Armed Forces assigned to initial training.
(b) Participation.--
(1) Members.--The Secretary shall ensure that the number of
members who participate in the pilot program under subsection
(a) is sufficient to collect statistically significant data
for each military department.
(2) Special rule.--The Secretary may not disqualify a
member from service in the Armed Forces by reason of the
member being diagnosed with sleep apnea pursuant to the pilot
program under subsection (a).
amendment no. 55 offered by ms. barragan of california
At the end of subtitle G of title X, add the following new
section:
SEC. __. NATIONAL MUSEUM OF THE SURFACE NAVY.
(a) Findings.--Congress makes the following findings:
(1) The United States Surface Navy represents the millions
of sailors and thousands of ships that sail on oceans around
the world to ensure the safety and freedom of Americans and
all people.
(2) The Battleship IOWA is an iconic Surface Navy vessel
that--
(A) served as home to hundreds of thousands of sailors from
all 50 States; and
(B) is recognized as a transformational feat of engineering
and innovation.
(3) In 2012, the Navy donated the Battleship IOWA to the
Pacific Battleship Center, a nonprofit organization pursuant
to section 501(c)(3) of the Internal Revenue Code of 1986,
after which the Center established the Battleship IOWA Museum
at the Port of Los Angeles in Los Angeles, California.
(4) The Battleship IOWA Museum is a museum and educational
institution that--
(A) has welcomed millions of visitors from across the
United States and receives support from thousands of
Americans throughout the United States to preserve the legacy
of those who served on the Battleship IOWA and all Surface
Navy ships;
(B) is home to Los Angeles Fleet Week, which has the
highest public engagement of any Fleet Week in the United
States and raises awareness of the importance of the Navy to
defending the United States, maintaining safe sea lanes, and
providing humanitarian assistance;
(C) hosts numerous military activities, including
enlistments, re-enlistments, commissionings, promotions, and
community service days, with participants from throughout the
United States;
(D) is a leader in museum engagement with innovative
exhibits, diverse programming, and use of technology;
(E) is an on-site training platform for Federal, State, and
local law enforcement personnel to use for a variety of
training exercises, including urban search and rescue and
maritime security exercises;
(F) is a partner with the Navy in carrying out Defense
Support of Civil Authorities efforts by supporting training
exercises and responses to crises, including the COVID-19
pandemic;
(G) is a science, technology, engineering, and mathematics
education platform for thousands of students each year;
(H) is an instrumental partner in the economic development
efforts along the Los Angeles waterfront by attracting
hundreds of thousands of visitors annually and improving the
quality of life for area residents; and
(I) provides a safe place for--
(i) veteran engagement and reintegration into the community
through programs and activities that provide a sense of
belonging to members of the Armed Forces and veterans; and
(ii) proud Americans to come together in common purpose to
highlight the importance of service to community for the
future of the United States.
(5) In January 2019, the Pacific Battleship Center received
a license for the rights of the National Museum of the
Surface Navy from the Navy for the purpose of building such
museum aboard the Battleship IOWA at the Port of Los Angeles.
(6) The National Museum of the Surface Navy will--
(A) be the official museum to honor millions of Americans
who have proudly served and continue to serve in the Surface
Navy since the founding of the Navy on October 13, 1775;
(B) be a community-based and future-oriented museum that
will raise awareness and educate the public on the important
role of the Surface Navy in ensuring international relations,
maintaining safe sea transit for free trade, preventing
piracy, providing humanitarian assistance, and enhancing the
role of the United States throughout the world;
(C) build on successes of the Battleship IOWA Museum by
introducing new exhibits and programs with a focus on
education, veterans, and community;
(D) borrow and exhibit artifacts from the Navy and other
museums and individuals throughout the United States; and
(E) work with individuals from the Surface Navy community
and the public to ensure that the story of the Surface Navy
community is accurately interpreted and represented.
(b) Designation.--
(1) In general.--The Battleship IOWA Museum, located in Los
Angeles, California, and managed by the Pacific Battleship
Center, shall be designated as the ``National Museum of the
Surface Navy''.
(2) Purposes.--The purposes of the National Museum of the
Surface Navy shall be to--
(A) provide and support--
(i) a museum dedicated to the United States Surface Navy
community; and
(ii) a platform for education, community, and veterans
programs;
(B) preserve, maintain, and interpret artifacts, documents,
images, stories, and history collected by the museum; and
(C) ensure that the American people understand the
importance of the Surface Navy in the continued freedom,
safety, and security of the United States.
Amendment No. 56 Offered by Ms. Barragan of California
Page 429, after line 7, insert the following:
SEC. 559I. NOTICE PROGRAM RELATING TO OPTIONS FOR
NATURALIZATION.
(a) Upon Enlistment.--Every military recruiter or officer
overseeing an enlistment shall provide to every recruit
proper notice of that recruit's options for naturalization
under title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.), and shall inform the recruit of
existing programs or services that may aid in the recruit's
naturalization process, including directing the recruit to
the Judge Advocate General or other designated point-of-
contact for naturalization.
(b) Upon Discharge.--The Secretary of Homeland Security,
acting through the Director of U.S. Citizenship and
Immigration Services, and in coordination with the Secretary
of Defense, shall provide to every former member of the Armed
Forces, upon separation from the Armed Forces, an adequate
notice of that former member's options for naturalization
under title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.), and shall inform the former member of
existing programs and services that may aid in the
naturalization process. The Secretary shall issue along with
this notice a copy of each form required for naturalization.
When appropriate, the Secretary of Defense shall provide the
former member, at no expense to the former member, with the
certification described in section 329(b)(3) of such Act (8
U.S.C. 1440(b)(3)).
Amendment No. 57 Offered by Mrs. Beatty of Ohio
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF
SURVIVORS OF TRAFFICKING AND INDIVIDUALS AT
RISK FOR TRAFFICKING.
(a) Definitions.--In this section:
(1) Survivor of a severe form of trafficking.--The term
``survivor of a severe form of trafficking'' has the meaning
given the term ``victim of a severe form of trafficking'' in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(2) Survivor of trafficking.--The term ``survivor of
trafficking'' has the meaning given the term ``victim of
trafficking'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(b) Study.--
(1) In general.--The United States Interagency Council on
Homelessness shall conduct a study assessing the availability
and accessibility of housing and services for individuals
experiencing homelessness or housing instability who are--
(A) survivors of trafficking, including survivors of severe
forms of trafficking; or
(B) at risk of being trafficked.
(2) Coordination and consultation.--In conducting the study
required under paragraph (1), the United States Interagency
Council on Homelessness shall--
(A) coordinate with--
(i) the Interagency Task Force to Monitor and Combat
Trafficking established under section 105 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103);
(ii) the United States Advisory Council on Human
Trafficking;
(iii) the Secretary of Housing and Urban Development;
(iv) the Secretary of Health and Human Services; and
(v) the Attorney General; and
(B) consult with--
(i) the National Advisory Committee on the Sex Trafficking
of Children and Youth in the United States;
(ii) survivors of trafficking;
(iii) direct service providers, including--
(I) organizations serving runaway and homeless youth;
(II) organizations serving survivors of trafficking through
community-based programs; and
(III) organizations providing housing services to survivors
of trafficking; and
(iv) housing and homelessness assistance providers,
including recipients of grants under--
(I) the continuum of care program authorized under subtitle
C of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11381 et seq.); and
[[Page H4898]]
(II) the Emergency Solutions Grants Program authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.).
(3) Contents.--The study conducted under paragraph (1)
shall include--
(A) with respect to the individuals described in that
paragraph--
(i) an evaluation of formal assessments and outreach
methods used to identify and assess the housing and service
needs of those individuals, including outreach methods to--
(I) ensure effective communication with individuals with
disabilities; and
(II) reach individuals with limited English proficiency;
(ii) a review of the availability and accessibility of
homelessness or housing services for those individuals,
including the family members of those individuals who are
minors involved in foster care systems, that identifies the
disability-related needs of those individuals, including the
need for housing with accessibility features;
(iii) the effect of any policies and procedures of
mainstream homelessness or housing services that facilitate
or limit the availability of those services and accessibility
for those individuals, including those individuals who are
involved in the legal system, as those services are in effect
as of the date on which the study is conducted;
(iv) an identification of best practices in meeting the
housing and service needs of those individuals; and
(v) an assessment of barriers to fair housing and housing
discrimination against survivors of trafficking who are
members of a protected class under the Fair Housing Act (42
U.S.C. 3601 et seq.);
(B) an assessment of the ability of mainstream homelessness
or housing services to meet the specialized needs of
survivors of trafficking, including trauma responsive
approaches specific to labor and sex trafficking survivors;
and
(C) an evaluation of the effectiveness of, and
infrastructure considerations for, housing and service-
delivery models that are specific to survivors of
trafficking, including survivors of severe forms of
trafficking, including emergency rental assistance models.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the United States Interagency Council
on Homelessness shall--
(1) submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing the
information described in subparagraphs (A) through (C) of
subsection (b)(3); and
(2) make the report submitted under paragraph (1) publicly
available.
Amendment No. 58 Offered by Mr. Bera of California
At the appropriate place in title LX of division E, insert
the following:
SEC. ___. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN
THE COALITION FOR EPIDEMIC PREPAREDNESS
INNOVATIONS.
(a) In General.--The United States is hereby authorized to
participate in the Coalition for Epidemic Preparedness
Innovations (``Coalition'').
(b) Designation.--The President is authorized to designate
an employee of the relevant Federal department or agency
providing the majority of United States contributions to the
Coalition, who should demonstrate knowledge and experience in
the fields of development and public health, epidemiology, or
medicine, to serve--
(1) on the Investors Council of the Coalition; and
(2) if nominated by the President, on the Board of
Directors of the Coalition, as a representative of the United
States.
(c) Reports to Congress.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a report that
includes the following:
(1) The United States planned contributions to the
Coalition and the mechanisms for United States participation
in such Coalition.
(2) The manner and extent to which the United States shall
participate in the governance of the Coalition.
(3) How participation in the Coalition supports relevant
United States Government strategies and programs in health
security and biodefense, including--
(A) the Global Health Security Strategy required by section
7058(c)(3) of division K of the Consolidated Appropriations
Act, 2018 (Public Law 115-141);
(B) the applicable revision of the National Biodefense
Strategy required by section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
(C) any other relevant decision-making process for policy,
planning, and spending in global health security, biodefense,
or vaccine and medical countermeasures research and
development.
(d) United States Contributions.--Amounts authorized to be
appropriated under chapters 1 and 10 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) are authorized to be made available for United
States contributions to the Coalition.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
Amendment No. 59 Offered by Mr. Bera of California
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. ___. SUPPORTING TAIWAN'S INVESTMENT IN ASYMMETRIC
CAPABILITIES.
(a) In General.--No later than 180 days following enactment
of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the appropriate
congressional committees a report on options to support
Taiwan's defense budgeting and procurement process in a
manner that facilitates sustained investment in capabilities
aligned with Taiwan's asymmetric defense strategy. The report
shall include the following:
(1) A review of technical advisory options for enhancing
defense budgeting across Taiwan's military services in Taiwan
that is aligned with Taiwan's asymmetric defense strategy.
(2) An evaluation of any administrative, institutional, or
personnel barriers in the United States or Taiwan to
implementing the options provided in paragraph (1).
(3) An evaluation of the most appropriate entities within
the Department of Defense to lead the options provided in
paragraph (1).
(4) An evaluation of the appropriate entities in Taiwan's
Ministry of National Defense and its National Security
Council to participate in options provided in paragraph (1).
(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to execute the options provided in paragraph (1).
(b) Form of Report.--The report required by subsection (a)
shall be classified, but it may include an unclassified
summary, if the Secretary of Defense determines it
appropriate.
Amendment No. 60 Offered by Mr. Bera of California
Add at the end of subtitle B of title XII the following:
SEC. 12___. JOINT REPORT ON USING THE SYNCHRONIZED
PREDEPLOYMENT AND OPERATIONAL TRACKER (SPOT)
DATABASE TO VERIFY AFGHAN SIV APPLICANT
INFORMATION.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Sate shall submit to appropriate congressional
committees a joint report on the use of the Department of
Defense Synchronized Predeployment and Operational Tracker
database (in this section referred to as the ``SPOT
database'') to verify the existence of Department of Defense
contracts and Afghan biographic data for Afghan special
immigrant visa applicants.
(b) Elements of Joint Report.--The joint report required
under subsection (a) shall--
(1) evaluate the improvements in the special immigrant visa
process following the use of the SPOT database to verify
special immigrant visa applications, including the extent to
which use of SPOT expedited special immigrant visa
processing, reduced the risk of fraudulent documents, and the
extent to which the SPOT database could be used for future
special immigrant visa programs;
(2) identify obstacles that persisted in documenting the
identity and employment of locally employed staff and
contractors after the use of the SPOT database in the special
immigrant visa process; and
(3) recommend best practices from the SPOT database that
could be used to implement a centralized interagency database
of information related to personnel conducting work on
executive agency contracts, grants, or cooperative agreements
that can be used to adjudicate special immigrant visas.
(c) Consultation.--For the purposes of preparing the joint
report required under this section, the Secretary of Defense
and the Secretary of State shall consult with the
Administrator of the United States Agency for International
Development and the Secretary of Homeland Security.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committees on Armed Services of the Senate and
House of Representatives, the Committee on Foreign Relations
of the Senate, and the Committee on Foreign Affairs of the
House of Representatives.
Amendment No. 61 Offered by Mr. Biggs of Arizona
Add at the end of subtitle C of title XII of division A the
following:
SEC. 13__. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer full security assistance and
related support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
Amendment no. 62 offered by mr. bilirakis of florida
At the appropriate place in title LX of division E, insert
the following:
[[Page H4899]]
SEC. __. SENSE OF CONGRESS ON ROLE OF HUMAN RIGHTS IN
REDUCING VIOLENCE IN NIGERIA.
It is the sense of Congress as follows:
(1) Violence committed by Boko Haram, Islamic State in West
Africa Province, and other violent extremist groups is a
grave danger to the Nigerian people, to the broader Lake Chad
Basin region, and to the continent.
(2) Frequent terrorist attacks on individuals, churches,
and communities in Nigeria based on religious identity,
ethnicity, or other affiliation is a serious violation of
human rights.
(3) The United States Government should cooperate with
Nigeria to better support the Nigerian security forces
capacity to respond more effectively to terrorist attacks and
sectarian violence.
Amendment No. 63 offered by Mr. Blumenauer of oregon
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 31__. DEPARTMENT OF ENERGY STUDY ON THE W80-4 NUCLEAR
WARHEAD LIFE EXTENSION PROGRAM.
(a) Department of Energy Study.--Not later than 30 days
after the date of the enactment of this Act, the Director for
Cost Estimation and Program Evaluation shall conduct a study
on the W80-4 nuclear warhead life extension program.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An explanation of the unexpected increase in cost of
the W80-4 nuclear warhead life extension program.
(2) An analysis of--
(A) the future costs of the program; and
(B) schedule requirements.
(3) An analysis of the impacts on other programs as a
result of the additional funding for W80-4, including--
(A) life-extension programs;
(B) infrastructure programs; and
(C) research, development, test, and evaluation programs.
(4) An analysis of the impacts that a delay of the program
will have on other programs due to--
(A) technical or management challenges; and
(B) changes in requirements for the program.
(c) Submission to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Director shall
submit to the congressional defense committees the study
under subsection (a), without change.
(d) Form.--The study under subsection (a) shall be in
unclassified form, but may include a classified annex.
Amendment No. 64 offered by mr. blumenauer of oregon
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on active Superfund facilities
where a hazardous substance originated from Department of
Defense activities occurring between the beginning of World
War I and the end of the Korean War. Such report shall
include a description of such Superfund facilities as well as
any actions, planned actions, communication with communities,
and cooperation with relevant agencies, including the
Environmental Protection Agency, carried out or planned to be
carried out by the Department of Defense.
(b) Superfund Facility.--In this section, the term
``Superfund facility'' means a facility included on the
National Priorities List pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605).
amendment no. 65 offered by ms. blunt rochester of delaware
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE
BASE, DELAWARE, HOME TO THE 436TH AIRLIFT WING,
THE 512TH AIRLIFT WING, AND THE CHARLES C.
CARSON CENTER FOR MORTUARY AFFAIRS.
(a) Findings.--Congress finds the following:
(1) The Dover Air Force Base is home to more than 4,000
active-duty military and civilian employees tasked with
defending the United States of America.
(2) The Dover Air Force Base supports the mission of the th
Airlift Wing, known as ``Eagle Wing'' and the 512th Airlift
Wing, known as ``Liberty Wing''.
(3) The ``Eagle Wing'' serves as a unit of the Eighteenth
Air Force headquartered with the Air Mobility Command at
Scott Air Force Base in Illinois. (4)
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world, provides a quarter of the United
States' strategic airlift capability, and boasts a global
reach to over 100 countries around the world.
(5) The Dover Air Force Base hosts incredible aircrews and
aircraft utilized by the United States Air Force, including
the C-5M Super Galaxy and C-17A Globemaster III aircraft.
(6) The recent Afghanistan airlift is testament to the
dedication and readiness of the Dover Air Force Base aircrews
and their aircraft.
(7) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of Defense,
fulfilling an important role in our Nation's military.
(8) The Air Mobility Command Museum is located on the Dover
Air Force base and welcomes thousands of visitors each year
to learn more about the United States Air Force.
(9) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring dignity,
honor, and respect to the fallen and care service and support
to their families.
(10) The recent events in Afghanistan brought to the fore
of public awareness the work of the service members and staff
of the Center for Mortuary Affairs.
(11) While the recent tragedy that befell our heroes in
Afghanistan was the most recent dignified transfer, it is
important to not forget that the Center for Mortuary Affairs
has conducted over 8,150 dignified transfers since September
11, 2001.
(12) This sacred mission has been entrusted to Dover Air
Force Base since 1955 and the Center is currently the only
Department of Defense mortuary in the continental United
States.
(13) Service members who serve at the Center for Mortuary
Affairs are often so moved by their work that they
voluntarily elect to serve multiple tours because they feel
called to serve our fallen heroes.
(b) Sense of Congress.--It is the sense of the Congress
that the people of the United States should--
(1) honor and express sincerest gratitude to the women and
men of the Dover Air Force Base for their distinguished
service;
(2) acknowledge the incredible sacrifice and service of the
families of active-duty members of the United States
military;
(3) keep in their thoughts and their prayers the women and
men of the United States Armed Forces; and
(4) recognize the incredibly unique and important work of
the Air Force Mortuary Affairs Operations and the role they
play in honoring our fallen heroes.
Amendment no. 66 offered by ms. bourdeaux of georgia
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. REPORT ON IMPROVEMENTS TO PROCUREMENT TECHNICAL
ASSISTANCE PROGRAMS.
Not later than March 1, 2022, the Secretary of Defense, in
consultation with the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the
congressional defense committees a report on the status of
the implementation of the following three recommendations set
forth in the report of the Government Accountability Office
titled ``Procurement Technical Assistance Program:
Opportunities Exist for DOD to Enhance Training and
Collaboration'' (GAO-21-287), dated March 31, 2021, to
improve procurement technical assistance programs established
under chapter 142 of title 10, United States Code:
(1) The Under Secretary of Defense for Acquisition and
Sustainment should require procurement technical assistance
centers to use the template developed by the Defense
Logistics Agency to help track fulfillment of training
requirements.
(2) The Under Secretary of Defense for Acquisition and
Sustainment should reach an agreement with the Association of
procurement technical assistance centers to provide the
Defense Logistics Agency with the aggregate results of
proficiency tests administered to measure the effectiveness
of procurement technical assistance centers counselor
training.
(3) The Under Secretary of Defense for Acquisition and
Sustainment should work with Administrator of the Small
Business Administration to formalize a collaborative
agreement for procurement technical assistance centers and
small business development centers (as defined under section
3 of the Small Business Act (15 U.S.C. 632)) in relation to
providing client services on government contracting.
amendment no. 67 offered by mr. brendan f. boyle of pennsylvania
At the end of subtitle B of title III, add the following
new section:
SEC. 3__. REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES
WITH RESPECT TO PREVENTION AND MITIGATION OF
SPILLS OF AQUEOUS FILM-FORMING FOAM.
(a) Review Required.--Not later than 180 days of after the
date of the enactment of this Act, the Secretary of Defense
shall complete a review of mutual support agreements entered
into with non-Department of Defense entities (including State
and local entities) that involve fire suppression activities
in support of missions of the Department.
(b) Matters.--The review under subsection (a) shall assess,
with respect to the agreements specified in such subsection,
the following:
(1) The preventative maintenance guidelines specified in
such agreements for fire trucks and fire suppression systems,
to mitigate the risk of equipment failure that may result in
a spill of aqueous film-forming foam (in this section
referred to as ``AFFF'').
(2) Any requirements specified in such agreements for the
use of personal protective equipment by personnel when
conducting a material transfer or maintenance activity
pursuant to the agreement that may result in a spill of AFFF,
or when conducting remediation activities for such a spill,
including requirements for side-shield safety glasses, latex
gloves, and respiratory protection equipment.
[[Page H4900]]
(3) The methods by which the Secretary, or the non-
Department entity with which the Secretary has entered into
the agreement, ensures compliance with guidance specified in
the agreement with respect to the use of such personal
protective equipment.
(c) Guidance.--Not later than 90 days after the date on
which the Secretary completes the review under subsection
(a), the Secretary shall issue guidance (based on the results
of such review) on requirements to include under the
agreements specified in such subsection, to ensure the
prevention and mitigation of spills of AFFF. Such guidance
shall include, at a minimum, best practices and recommended
requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance
activity carried out pursuant to such an agreement that may
result in such a spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities pursuant to such an agreement in the vicinity of
such drains or basins.
(3) The storage of materials for the cleanup and
containment of AFFF in close proximity to fire suppression
systems in buildings of the Department and the presence of
such materials during any transfer or activity specified in
paragraph (1).
(d) Briefing.--Not later than 30 days after the date on
which the Secretary issues the guidance under subsection (c),
the Secretary shall provide to the congressional defense
committees a briefing that summarizes the results of the
review conducted under subsection (a) and the guidance issued
under subsection (c).
amendment no. 68 oferred by mr. brown of maryland
At the end of title LX, insert the following:
SEC. __. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN
FORGIVENESS OF PAYROLL COSTS UNDER HIGHWAY AND
PUBLIC TRANSPORTATION PROJECT COST
REIMBURSEMENT CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title
48, Code of Federal Regulations (or successor regulations),
for the purposes of any cost-reimbursement contract for
architectural and engineering contracts initially awarded in
accordance with section 112 of title 23, United States Code,
or section 5325(b) of title 49, United States Code, or any
subcontract under such a contract, no cost reduction or cash
refund shall be due to the Department of Transportation or to
a State transportation department, transit agency, or other
recipient of assistance under chapter 1 of title 23, United
States Code, or chapter 53 of title 49, United States Code,
on the basis of forgiveness of the payroll costs of a covered
loan, as defined in section 7A of the Small Business Act (15
U.S.C. 636m), pursuant to the provisions of such section.
(b) Sunset.--This section shall expire on June 30, 2025.
amendment no. 69 offered by mr. brown of maryland
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. REPORT ON COMMERCIAL ITEM DETERMINATIONS.
(a) In General.--Not later than 180 days after enactment of
this Act, the Undersecretary for Acquisitions and Sustainment
shall submit to the congressional defense committees a report
on commercial item determinations containing the following:
(1) An accounting of the training available for the
acquisition workforce related to commercial item
determinations and price reasonableness determinations under
Federal Acquisition Regulations Part 12, including a
description of the training, duration, periodicity, whether
the training is optional or mandatory, and the date on which
the training materials were last substantially revised.
(2) An assessment of the currency of the acquisition
workforce in the training described in paragraph (2).
(b) Publication.--The Undersecretary for Acquisitions and
Sustainment shall publish on an appropriate publicly
available website of the Department of Defense the report
required by subsection (a).
amendment no. 70 offered by mr. brown of maryland
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. INTERGOVERNMENTAL SUPPORT AGREEMENTS FOR
INSTALLATION-SUPPORT SERVICES.
Section 2679(a)(3) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``and the installation-support services to be
provided are not included on the procurement list of section
8503 of title 41''.
amendment no. 71 offered by mr. brown of maryland
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. REPORT ON DEMOGRAPHICS OF MILITARY POLICE AND
SECURITY FORCES CITATIONS.
(a) In General.--Not later than March 1 of each year, the
Secretary of Defense, in coordination with each Secretary of
a military department, shall submit to the congressional
defense committees a report on the demographics of citations
issued by the military police and other security forces of
each Armed Force.
(b) Elements.--The report required by subsection (a) shall
include each of the following elements:
(1) The number of security citations issued in each Armed
Force in the preceding fiscal year, disaggregated by--
(A) the offense for which the citation was issued;
(B) the race, gender, and ethnicity of the individual who
was issued the citation; and
(C) the race, gender, and ethnicity of the individual who
issued the citation.
(2) An assessment of any disparities in race, gender, and
ethnicity in citations issued to individuals in the preceding
fiscal year.
(3) An assessment of any disparities in race, gender, and
ethnicity in citations issued by individuals in the preceding
fiscal year, including consideration of the race, gender, and
ethnicity of the individual to whom the citation was issued.
(4) An assessment of any trends in disparities in race,
gender, and ethnicity in citations over the preceding ten
fiscal years.
(5) Actions taken in the preceding fiscal by the Secretary
of Defense and each Secretary of a military department to
address any disparities in race, gender, or ethnicity in
citations issued to individuals.
(6) A plan to reduce any disparities in race, gender, or
ethnicity in citations issued to individuals during the
fiscal year in which the report is submitted.
(c) Publication.--The Secretary of Defense shall--
(1) publish on an appropriate publicly available website of
the Department of Defense the reports required by subsection
(a); and
(2) ensure that any data included with each such report is
made available in a machine-readable format that is
downloadable, searchable, and sortable.
(d) Termination.--The requirement under this section shall
terminate on December 31, 2026.
amendment no. 72 offered by ms. brownley of california
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF
UNIFORMS TO MEMBERS OF THE ARMED FORCES.
(a) Implementation of GAO Recommendations.--Not later than
September 30, 2022, the Secretary of Defense shall implement
the four recommendations of the Government Accountability
Office in the report titled ``Military Service Uniforms DOD
Could Better Identify and Address Out-of-Pocket Cost
Inequities'' (GAO-21-120).
(b) Regulations.--Not later than September 30, 2022, each
Secretary concerned (as that term is defined in section 101
of title 10, United States Code) shall prescribe regulations
that ensure the following:
(1) The out-of-pocket cost to an officer or enlisted member
of an Armed Force for a uniform (or part of such uniform) may
not exceed such cost to another officer or enlisted member of
that Armed Force for such uniform (or part, or equivalent
part, of such uniform) solely based on gender.
(2) If a change to a uniform of an Armed Force affects only
officers or enlisted members of one gender, an officer or
enlisted member of such gender in such Armed Force shall be
entitled to an allowance equal to the out-of-pocket cost to
the officer or enlisted member relating to such change.
(c) One-time Allowance.--Not later than September 30, 2022,
each Secretary concerned may provide a one-time allowance to
each female officer and female enlisted member under the
jurisdiction of the Secretary concerned. The amount of such
an allowance shall be--
(1) based on gender disparities in out-of-pocket costs
relating to uniforms (including the costs of changes to
uniforms that affected only one gender) during the 10 years
preceding the date of the enactment of this Act; and
(2) proportional to the length of service of the officer or
enlisted member in the Armed Forces.
(d) Application.--The allowances described in subsections
(b)(2) and (c) may not apply to an individual who has
separated or retired, or been discharged or dismissed, from
the Armed Forces.
amendment no. 73 offered by ms. brownley of california
Page 481, after line 2, insert the following new section:
SEC. 576. JUSTICE FOR WOMEN VETERANS.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally authorized
the appointment and enlistment of women in the regular
components of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members
of the regular components of the Armed Forces could become
pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in
1951, which granted the Armed Forces the authority to
involuntarily separate or discharge a woman if she became
pregnant, gave birth to a child, or became a parent by
adoption or a stepparent.
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who
became pregnant, regardless of whether the pregnancy was
planned, unplanned, or the result of sexual abuse.
[[Page H4901]]
(5) Although the Armed Forces were required to offer women
who were involuntarily separated or discharged due to
pregnancy the opportunity to request retention in the
military, many such women were not offered such opportunity.
(6) The Armed Forces did not provide required separation
benefits, counseling, or assistance to the members of the
Armed Forces who were separated or discharged due to
pregnancy.
(7) Thousands of members of the Armed Forces were
involuntarily separated or discharged from the Armed Forces
as a result of pregnancy.
(8) There are reports that the practice of the Armed Forces
to systematically separate or discharge pregnant members
caused some such members to seek an unsafe or inaccessible
abortion, which was not legal at the time, or to put their
children up for adoption, and that, in some cases, some women
died by suicide following their involuntary separation or
discharge from the Armed Forces.
(9) Such involuntary separation or discharge from the Armed
Forces on the basis of pregnancy was challenged in Federal
district court by Stephanie Crawford in 1975, whose legal
argument stated that this practice violated her
constitutional right to due process of law.
(10) The Court of Appeals for the Second Circuit ruled in
Stephanie Crawford's favor in 1976 and found that Executive
Order 10240 and any regulations relating to the Armed Forces
that made separation or discharge mandatory due to pregnancy
were unconstitutional.
(11) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces
because of pregnancy or any form of parenthood were
rescinded.
(12) Today, women comprise 17 percent of the Armed Forces,
and many are parents, including 12 percent of whom are single
parents.
(13) While military parents face many hardships, today's
Armed Forces provides various lengths of paid family leave
for mothers and fathers. for both birth and adoption of
children.
(b) Sense of Congress.--
(1) Sense of congress.--It is the sense of Congress that
women who served in the Armed Forces before February 23, 1976
should not have been involuntarily separated or discharged
due to pregnancy or parenthood.
(2) Expression of remorse.--Congress hereby expresses deep
remorse for the women who patriotically served in the Armed
Forces, but were forced, by official United States policy, to
endure unnecessary and discriminatory actions, including the
violation of their constitutional right to due process of
law, simply because they became pregnant or became a parent
while a member of the Armed Forces.
(c) GAO Study of Women Involuntarily Separated or
Discharged Due to Pregnancy or Parenthood.--
(1) Study required.--The Comptroller General of the United
States shall conduct a study regarding women involuntarily
separated or discharged from the Armed Forces due to
pregnancy or parenthood during the period of 1951 through
1976. The study shall identify--
(A) the number of such women, disaggregated by--
(i) Armed Force;
(ii) grade;
(iii) race; and
(iv) ethnicity;
(B) the characters of such discharges or separations;
(C) discrepancies in uniformity of such discharges or
separations;
(D) how such discharges or separations affected access of
such women to health care and benefits through the Department
of Veterans Affairs; and
(E) recommendations for improving access of such women to
resources through the Department of Veterans Affairs.
(2) Briefing and report.--
(A) Briefing.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall brief
the Committees on Armed Services and the Committees on
Veterans' Affairs of the Senate and the House of
Representatives on the study.
(B) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit a
report to the Committees on Armed Services and the Committees
on Veterans' Affairs of the Senate and the House of
Representatives on the results of the study conducted under
paragraph (1).
amendment no. 74 offered by ms. brownley of california
At the end of title LX, add the following new section:
SEC. 60__. GRANTS TO STATES FOR SEAL OF BILITERACY PROGRAMS.
(a) Findings.--Congress finds the following:
(1) The people of the United States celebrate cultural and
linguistic diversity and seek to prepare students with skills
to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who
have achieved proficiency in multiple languages and to
encourage their peers to follow in their footsteps.
(3) The congressionally requested Commission on Language
Learning, in its 2017 report ``America's Languages: Investing
in Language Education for the 21st Century'', notes the
pressing national need for more people of the United States
who are proficient in two or more languages for national
security, economic growth, and the fulfillment of the
potential of all people of the United States.
(4) The Commission on Language Learning also notes the
extensive cognitive, educational, and employment benefits
deriving from biliteracy.
(5) Biliteracy in general correlates with higher graduation
rates, higher grade point averages, higher rates of
matriculation into higher education, and higher earnings for
all students, regardless of background.
(6) The study of America's languages in elementary and
secondary schools should be encouraged because it contributes
to a student's cognitive development and to the national
economy and security.
(7) Recognition of student achievement in language
proficiency will enable institutions of higher education and
employers to readily recognize and acknowledge the valuable
expertise of bilingual students in academia and the
workplace.
(8) States such as Utah, Arizona, Washington, and New
Mexico have developed innovative testing methods for
languages, including Native American languages, where no
formal proficiency test currently exists.
(9) The use of proficiency in a government-recognized
official Native American language as the base language for a
Seal of Biliteracy, with proficiency in any additional
partner language demonstrated through tested proficiency, has
been successfully demonstrated in Hawaii.
(10) Students in every State and every school should be
able to benefit from a Seal of Biliteracy program.
(b) Definitions.--In this section:
(1) Esea definitions.--The terms ``English learner'',
``secondary school'', and ``State'' have the meanings given
those terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Native american languages.--The term ``Native American
languages'' has the meaning given the term in section 103 of
the Native American Languages Act (25 U.S.C. 2902).
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program described in section
4(a) that is established or improved, and carried out, with
funds received under this section.
(4) Second language.--The term ``second language'' means
any language other than English (or a Native American
language, pursuant to section 4(a)(2)), including Braille,
American Sign Language, or a Classical language.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(c) Grants for State Seal of Biliteracy Programs.--
(1) Establishment of program.--
(A) In general.--From amounts made available under
paragraph (6), the Secretary shall award grants, on a
competitive basis, to States to enable the States to
establish or improve, and carry out, Seal of Biliteracy
programs to recognize student proficiency in speaking,
reading, and writing in both English and a second language.
(B) Inclusion of native american languages.--
Notwithstanding subparagraph (A), each Seal of Biliteracy
program shall contain provisions allowing the use of Native
American languages, including allowing speakers of any Native
American language recognized as official by any American
government, including any Tribal government, to use
equivalent proficiency in speaking, reading, and writing in
the Native American language in lieu of proficiency in
speaking, reading, and writing in English.
(C) Duration.--A grant awarded under this section shall be
for a period of 2 years, and may be renewed at the discretion
of the Secretary.
(D) Renewal.--At the end of a grant term, a State that
receives a grant under this section may reapply for a grant
under this section.
(E) Limitations.--A State shall not receive more than 1
grant under this section at any time.
(F) Return of unspent grant funds.--Each State that
receives a grant under this section shall return any unspent
grant funds not later than 6 months after the date on which
the term for the grant ends.
(2) Grant application.--A State that desires a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information
and assurances as the Secretary may require, including--
(A) a description of the criteria a student must meet to
demonstrate the proficiency in speaking, reading, and writing
in both languages necessary for the State Seal of Biliteracy
program;
(B) a detailed description of the State's plan--
(i) to ensure that English learners and former English
learners are included in the State Seal of Biliteracy
program;
(ii) to ensure that--
(I) all languages, including Native American languages, can
be tested for the State Seal of Biliteracy program; and
(II) Native American language speakers and learners are
included in the State Seal of Biliteracy program, including
students at tribally controlled schools and at schools funded
by the Bureau of Indian Education; and
(iii) to reach students, including eligible students
described in paragraph (3)(B) and
[[Page H4902]]
English learners, their parents, and schools with information
regarding the State Seal of Biliteracy program;
(C) an assurance that a student who meets the requirements
under subparagraph (A) and paragraph (3) receives--
(i) a permanent seal or other marker on the student's
secondary school diploma or its equivalent; and
(ii) documentation of proficiency on the student's official
academic transcript; and
(D) an assurance that a student is not charged a fee for
providing information under paragraph (3)(A).
(3) Student participation in a seal of biliteracy
program.--
(A) In general.--To participate in a Seal of Biliteracy
program, a student shall provide information to the State
that serves the student at such time, in such manner, and
including such information and assurances as the State may
require, including an assurance that the student has met the
criteria established by the State under paragraph (2)(A).
(B) Student eligibility for participation.--A student who
gained proficiency in a second language outside of school may
apply under subparagraph (A) to participate in a Seal of
Biliteracy program.
(4) Use of funds.--Grant funds made available under this
section shall be used for--
(A) the administrative costs of establishing or improving,
and carrying out, a Seal of Biliteracy program that meets the
requirements of paragraph (2); and
(B) public outreach and education about the Seal of
Biliteracy program.
(5) Report.--Not later than 18 months after receiving a
grant under this section, a State shall issue a report to the
Secretary describing the implementation of the Seal of
Biliteracy program for which the State received the grant.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2022 through 2026.
amendment no. 75 offered by ms. brownley of california
At the end of title LX, insert the following new section:
SEC. 60__ ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN
VETERANS.
Subsection (c)(1) of section 542 of title 38, United States
Code, is amended by striking ``even-numbered year'' and
inserting ``year''.
amendment no. 76 offered by mr. buchanan of florida
Page 191, after line 6, insert the following:
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS RELATING TO MITIGATION AND
PREVENTION OF TRAINING ACCIDENTS.
(a) Requirements.--The Secretary of the Defense shall take
such steps as may be necessary to carry out the following
with respect to the Army, Navy, Marine Corps, and Air Force:
(1) To develop more clearly defined roles for vehicle
commanders and establish mechanisms and procedures for
tactical vehicle risk management to be used by first-line
supervisors, including vehicle commanders.
(2) To evaluate the number of personnel within operational
units who are responsible for tactical vehicle safety and
determine if these units are appropriately staffed, or if any
adjustments are needed to workloads or resource levels to
implement operational unit ground-safety programs.
(3) To ensure that tactical vehicle driver training
programs, including licensing, unit, and follow-on training
programs, have a well-defined process with specific
performance criteria and measurable standards to identify
driver skills and experience under diverse conditions.
(4) To evaluate--
(A) the extent to which ranges and training areas are
fulfilling responsibilities to identify and communicate
hazards to units; and
(B) to the extent to which such responsibilities are not
being carried out, whether existing solutions are adequate or
if additional resources should be applied to fulfill such
responsibilities.
(b) Consultation Requirement.--The Secretary of the Army,
the Secretary of the Navy, the Secretary of the Air Force,
and the Commandant of the Marine Corps shall jointly
establish a formal collaboration forum among Army, Navy, Air
Force, and Marine Corps range officials through which such
officials shall share methods for identifying and
communicating hazards to units.
amendment no. 77 offered by mr. buck of colorado
Page 922, line 17, strike ``and'' at the end.
Page 922, line 21, strike the period and insert ``; and''.
Page 922, insert after line 21 the following:
(6) the United States condemns the People's Republic of
China's ongoing genocide and violation of fundamental human
rights in Xinjiang.
amendment no. 78 offered by mr. budd of north carolina
At the end of subtitle B of title XII of division A, add
the following:
SEC. 12_. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE
ACCOUNTINGS OF MILITARY ASSISTANCE PROVIDED TO
THE AFGHAN SECURITY FORCES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2022 may be used to remove from the website of
the Department of Defense or any other agency publicly
available accountings of military assistance provided to the
Afghan security forces that was publicly available online as
of July 1, 2021.
amendment no. 79 offered by mr. burchett of tennessee
At the end of subtitle E of title X, add the following new
section:
SEC. 10__. BRIEFING ON ELECTRIC AUTONOMOUS SHUTTLES ON
MILITARY INSTALLATIONS.
(a) Briefing Required.--Not later than March 1, 2022, the
Secretary of Defense, in coordination with the Secretaries of
the military departments, shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on the current and future plans of the Department
of Defense for fielding electric autonomous shuttles on
military installations for the purpose of transporting
personnel and equipment in a safe, cost-efficient, and
sustainable manner.
(b) Elements.--The briefing under subsection (a) shall
include analysis of the following:
(1) The effectiveness of current or past demonstration
projects of electric autonomous shuttles on military
installations.
(2) The impact that reliable, energy-efficient shuttles
could have on quality of life, base operating costs, and
traffic patterns.
(3) How best to leverage existing commercially available
shuttles to satisfy this function.
(4) How and where the Department would best employ the
shuttles to maximize fixed route or on-demand autonomous
shuttle service for military installations serving the
``first and last mile'' transportation needs of personnel and
logistical missions.
(5) What type of data could be gathered from the shuttles
to assist in the expansion of electric autonomous vehicle use
in other military contexts.
amendment no. 80 offered by ms. bush of missouri
At the end of title LX, insert the following:
SEC. 60__. STUDY ON CONTAMINATION OF COLDWATER CREEK,
MISSOURI.
(a) In General.--The Administrator of the Environmental
Protection Agency, in coordination with the Secretary of the
Army, the Secretary of Energy, the Administrator of the
Agency for Toxic Substances and Disease Registry, and other
appropriate Federal agencies, shall--
(1) undertake a review of prior and ongoing efforts to
remediate radiological contamination in the vicinity of
Coldwater Creek in North St. Louis County, Missouri,
associated with historic radiological waste storage near the
St. Louis Airport;
(2) consult with State and local agencies, and
representatives of the Coldwater Creek community;
(3) take into consideration the Public Health Assessment
for the Evaluation of Community Exposure Related to Coldwater
Creek, dated April 30, 2019, and prepared by the Agency for
Toxic Substances and Disease Registry; and
(4) within 180 days of the date of enactment of this
section, issue a report to Congress on the status of efforts
to reduce or eliminate the potential human health impacts
from potential exposure to such contamination, including any
recommendations for further action.
(b) Installation of Signage to Prevent Potential Exposure
Risks.--In accordance with the recommendations of the Public
Health Assessment for the Evaluation of Community Exposure
Related to Coldwater Creek, the Administrator of the
Environmental Protection Agency, in coordination with the
Secretary of the Army, shall install signage to inform
residents and visitors of potential exposure risks in areas
around Coldwater Creek where remediation efforts have not
been undertaken or completed.
amendment no. 81 offered by mrs. bustos of illinois
Add at the end of title LX the following:
SEC. 60__. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS
WHO SERVED IN UNITED STATES CADET NURSE CORPS
DURING WORLD WAR II.
Section 106 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1)(A) Service as a member of the United States Cadet
Nurse Corps during the period beginning on July 1, 1943, and
ending on December 31, 1948, of any individual who was
honorably discharged therefrom pursuant to subparagraph (B)
shall be considered active duty for purposes of eligibility
and entitlement to benefits under chapters 23 and 24 of this
title (including with respect to headstones and markers),
other than such benefits relating to the interment of the
individual in Arlington National Cemetery provided solely by
reason of such service.
``(B)(i) Not later than one year after the date of the
enactment of this subsection, the Secretary of Defense shall
issue to each individual who served as a member of the United
States Cadet Nurse Corps during the period beginning on July
1, 1943, and ending on December 31, 1948, a discharge from
such service under honorable conditions if the Secretary
determines that the nature and duration of the service of the
individual so warrants.
``(ii) A discharge under clause (i) shall designate the
date of discharge. The date of discharge shall be the date,
as determined by the Secretary, of the termination of service
[[Page H4903]]
of the individual concerned as described in that clause.
``(2) An individual who receives a discharge under
paragraph (1)(B) for service as a member of the United States
Cadet Nurse Corps shall be honored as a veteran but shall not
be entitled by reason of such service to any benefit under a
law administered by the Secretary of Veterans Affairs, except
as provided in paragraph (1)(A).
``(3) The Secretary of Defense may design and produce a
service medal or other commendation, or memorial plaque or
grave marker, to honor individuals who receive a discharge
under paragraph (1)(B).''.
amendment no. 82 offered by mrs. bustos of illinois
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. PILOT PROGRAM TO TRANSITION DIGITALLY SECURED
MANUFACTURING TECHNOLOGIES.
(a) Program Required.--The Under Secretary of Defense for
Research and Engineering shall carry out a pilot program to
ensure the transition of digitally secured manufacturing
technologies developed by a manufacturing innovation
institute that is funded by the Department of Defense to
covered defense contractors to promote the development of
digitally secured manufacturing technologies to--
(1) enhance and secure the supply chain for such digitally
secured manufacturing technologies for use in weapon systems;
and
(2) ensure increased quality and decreased costs of such
digitally secured manufacturing technologies.
(b) Partnership.--Under the pilot program, the Under
Secretary shall reimburse related costs to covered defense
contractors to facilitate the transition of digitally secured
manufacturing technologies from such manufacturing innovation
institutes to such covered defense contractors.
(c) Annual Report.--Not later than 90 days after the last
day of each fiscal year during which the pilot program is
operational, the Under Secretary of Defense for Research and
Engineering shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
participation in and the impact of the pilot program.
(d) Definitions.--In this section:
(1) The term ``covered defense contractor'' means a
contractor in the defense industrial base that--
(A) manufactures and delivers aircraft, ships, vehicles,
weaponry, or electronic systems; or
(B) provides services, such as logistics or engineering
support, to the Department of Defense.
(2) The term ``digitally secured manufacturing technology''
means an existing or experimental manufacturing technology
determined by the Under Secretary of Defense for Research and
Engineering to meet the needs of the Department of Defense.
(e) Termination.--The pilot program established under this
section shall terminate 3 years after the date of the
enactment of this Act.
(f) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for Manufacturing Technology Program,
line 051 is hereby increased by $3,000,000.
(g) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for Office of the Secretary of Defense, line 540 is hereby
reduced by $3,000,000.
amendment no. 83 offered by mrs. bustos of illinois
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. ROADMAP FOR RESEARCH AND DEVELOPMENT OF DISRUPTIVE
MANUFACTURING CAPABILITIES.
(a) Roadmap.--The Under Secretary of Defense for Research
and Engineering, in consultation with the Department of
Defense Manufacturing Innovation Institutes, shall develop a
capabilities integration roadmap for disruptive manufacturing
technologies including workforce skills needed to support it
and proposed pilot-scale demonstration projects proving
concepts, models, technologies, and engineering barriers.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on the roadmap developed under subsection (a).
amendment no. 84 offered by mrs. cammack of florida
At the end of title LX, add the following new section:
SEC. 60__. REPORT RELATING TO ESTABLISHMENT OF PRECLEARANCE
FACILITY IN TAIWAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Commerce,
shall submit to the appropriate congressional committees a
report that includes an assessment of establishing a
preclearance facility in Taiwan.
(2) Elements.--The assessment required under paragraph (1)
shall include the following:
(A) An assessment with respect to the feasibility and
advisability of establishing a CBP Preclearance facility in
Taiwan.
(B) An assessment of the impacts preclearance operations in
Taiwan will have with respect to--
(i) trade and travel, including impacts on passengers
traveling to the United States; and
(ii) CBP staffing.
(C) Country-specific information relating to--
(i) anticipated benefits to the United States; and
(ii) security vulnerabilities associated with such
preclearance operations.
(b) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the Committee on
Finance, and the Committee on Ways and Means of the House of
Representatives; and
(B) the Committee on Commerce, Science, and Transportation,
the Committee on Finance, and the Joint Committee on Taxation
of the Senate.
(2) The term ``CBP'' means U.S. Customs and Border
Protection.
amendment no. 85 offered by mrs. cammack of florida
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. SURVEY ON EFFECTS OF COVID-19 MANDATE ON MATTERS
RELATING TO RECRUITMENT AND REINLISTMENT.
(a) Survey.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct
an anonymous survey to determine the effects that the COVID-
19 vaccine mandate issued by the Secretary on August 24,
2021, has had on recruitment to and reenlistment in the Armed
Forces.
(b) Matters.--The survey under subsection (a) shall include
an assessment of the following:
(1) Whether the announcement of the COVID-19 vaccine
mandate encouraged the reenlistment, discouraged the
reenlistment, or had any effect on the reenlistment, of
members of the Armed Forces.
(2) Whether the announcement of the COVID-19 vaccine
mandate encouraged individuals to join the Armed Forces,
discouraged individuals to join the Armed Forces, or had any
other effect on recruitment efforts for the Armed Forces.
(c) Publication and Submission to Congress.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress the results of the survey under subsection (a) and
publish such results on an internet website of the Department
of Defense.
(2) Privacy considerations.--In submitting and publishing
the results of the survey under paragraph (1), the Secretary
shall ensure that such results do not include any personally
identifiable information of Armed Forces recruits, members of
the Armed Forces, or any other individual surveyed under this
section.
amendment no. 86 offered by mr. carbajal of california
Page 1008, line 4, insert ``and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate'' after ``tees''.
Page 1008, line 13, insert ``to support government and
commercial launch'' after ``Space Force''.
Page 1008, line 14, insert ``, as well as an identification
of any impacts the proposed authorities could have on
competition in the commercial launch industry'' after ``are
needed''.
Page 1008, line 17, insert ``and allow for commercial
investment for mutually beneficial projects'' after ``Space
Force''.
Page 1008, line 18, insert ``and an identification of any
impacts the proposed authorities could have on competition in
the commercial launch industry'' after ``such proposals''.
amendment no. 87 offered by mr. carson of indiana
At the end of subtitle C of title VII, insert the following
new section:
SEC. 748. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for R&D Research is hereby increased by $5,000,000 for
the purposes of pancreatic cancer research, of which
$5,000,000 is for the purposes of a pancreatic cancer early
detection initiative (EDI).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Base Operations/Communications is hereby reduced by
$5,000,000.
amendment no. 88 offered by mr. case of hawaii
At the appropriate place in title XII, insert the
following:
[[Page H4904]]
SEC. 12_. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 113 note) is amended by
adding at the end the following:
``(32)(A) An assessment of China's military expansion into
the Pacific Islands region, including an assessment of
China's--
``(i) strategic interests in the region;
``(ii) exchanges of senior defense officials;
``(iii) diplomatic and military engagements;
``(iv) offers of military education and training in China;
``(v) development of Chinese language and culture centers;
``(vi) financial assistance for infrastructure development,
including through the Belt and Road Initiative;
``(vii) investment in ports or wharfs, including
identification of those ports with the capacity to service
Chinese naval vessels;
``(viii) military assistance, including financial aid,
donations of military equipment, and offers of military
training; and
``(ix) military bases in the region or plans to pursue a
more formalized military presence in the region.
``(B) In this paragraph, the term `Pacific Island region'
includes the Republic of Fiji, the Republic Kiribati, the
Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, the Republic of Palau, the Independent
State of Samoa, the Solomon Islands, the Kingdom of Tonga,
Tuvalu, and the Republic of Vanuatu.''.
amendment no. 89 offered by mr. case of hawaii
At the appropriate place in title XII, insert the
following:
SEC. 12_. UNITED STATES MILITARY PRESENCE IN PALAU.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the Republic of Palau have a
strong relationship based on strengthening regional security,
ensuring a free and open Indo-Pacific, and protecting
fisheries from illegal, unreported and unregulated fishing;
and
(2) Congress is receptive to the Republic of Palau's
request to the United States to establish a regular United
States military presence in Palau for purposes of Palau's
defense and encourages the Department of Defense to review
such request.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide a report and briefing to the appropriate
congressional committees on the Department of Defense's plans
to review the Republic of Palau's request to the United
States to establish a regular United States military presence
in Palau and any planned military construction associated
with such military presence.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
amendment no. 90 offered by mr. case of hawaii
At the appropriate place in title XII, insert the
following:
SEC. 12_. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN
THE UNITED STATES AND INDO-PACIFIC COUNTRIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on the
activities and resources required to enhance security
partnerships between the United States and Indo-Pacific
countries.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description of the Department of Defense's approach
to conducting security cooperation activities in Indo-Pacific
countries, including how the Department identifies and
prioritizes its security partnerships in such countries.
(2) A description of how the Department of Defense's
security cooperation activities benefit other Federal
departments and agencies that are operating in the Indo-
Pacific region.
(3) Recommendations to improve the ability of the
Department of Defense to achieve sustainable security
benefits from its security cooperation activities in the
Indo-Pacific region, which may include--
(A) the establishment of contingency locations;
(B) small-scale construction conducted in accordance with
existing law; and
(C) the acquisition of additional training and equipment by
Indo-Pacific countries to improve their organizational,
operational, mobility, and sustainment capabilities.
(4) Recommendations to expand and strengthen the capability
of Indo-Pacific countries to conduct security activities,
including traditional activities of the combatant commands,
train and equip opportunities, State partnerships with the
National Guard, and through multilateral activities.
(5) A description of how the following factors may impact
the ability of the Department of Defense to strengthen
security partnerships in Indo-Pacific countries:
(A) The economic development and stability of such
countries within the Indo-Pacific area of operations.
(B) The military, intelligence, diplomatic, developmental,
and humanitarian efforts of the People's Republic of China
and Russia in Indo-Pacific countries.
(C) The ability of the United States and its allies and
partners to combat violent extremist organizations operating
in the Indo-Pacific region.
(D) Any other matters the Secretary of Defense determines
to be relevant.
(c) Form.--The report required under subsection (a) may be
submitted in classified form, but shall include an
unclassified summary.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
amendment no. 91 offered by mr. case of hawaii
At the end of subtitle H of title XXVIII, add the following
new section:
SEC. 28__. ANNUAL REPORT ON RENEWAL OF DEPARTMENT OF DEFENSE
EASEMENTS AND LEASES OF LAND IN HAWAI`I.
(a) Findings.--Congress finds the following:
(1) Lands throughout the State of Hawai`i, which are
currently owned and leased by the Department of Defense or in
which the Department of Defense otherwise has a real property
interest, are critical to maintaining the readiness of the
Armed Forces now stationed or to be stationed in Hawai`i and
throughout the Indo-Pacific region and elsewhere.
(2) Securing long-term continued utilization of those lands
by the Armed Forces is thus critical to the national defense.
(3) As a result of various factors, including complex land
ownership and utilization issues and competing actual and
potential uses, the interdependency of the various military
components, and the necessity of maintaining public support
for the presence and operations of the Armed Forces in
Hawai'i, the realization of the congressional and Department
of Defense goals of ensuring the continuity of critical land
and facilities infrastructure requires a sustained,
dedicated, funded, top-level effort to coordinate realization
of these goals across the Armed Forces, between the
Department of Defense and other agencies of the Federal
Government, and between the Department of Defense and the
State of Hawai'i and its civilian sector.
(4) The end result of this effort must account for military
and civilian concerns and for the changing missions and needs
of all components of the Armed Forces stationed or otherwise
operating out of the State of Hawai`i as the Department of
Defense adjusts to meet the objectives outlined in the
National Defense Strategy.
(b) Annual Report.--
(1) Report required.--Not later than February 1 of each
year, the Secretary of Defense shall submit to the
congressional defense committee a report describing the
progress being made by the Department of Defense to renew
each Department of Defense land lease and easement in the
State of Hawai`i that--
(A) encompasses one acre or more; and
(B) will expire within 10 years after the date of the
submission of the report.
(2) Report elements.-- Each report submitted under
paragraph (1) shall include the following:
(A) The location, size, and expiration date of each lease
and easement.
(B) Major milestones and expected timelines for maintaining
access to the land covered by each lease and easement.
(C) Actions completed over the preceding two years for each
lease and easement.
(D) Department-wide and service-specific authorities
governing each lease and easement extension.
(E) A summary of coordination efforts between the Secretary
of Defense and the Secretaries of the military departments.
(F) The status of efforts to develop an inventory of
military land in Hawai`i, including current and possible
future uses of the land, that would assist in land
negotiations with the State of Hawai`i.
(G) The risks and potential solutions to ensure the
renewability of required and critical leases and easements.
amendment no. 92 offered by mr. case of hawaii
At the end of subtitle B of title III, add the following
new section:
SEC. 3__. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT
RED HILL BULK FUEL STORAGE FACILITY, HAWAI`I.
(a) Findings.--Congress finds the following:
(1) The continued availability and use of the Red Hill Bulk
Fuel Storage Facility in Honolulu, Hawai`i is a matter of
national security. Persistent fuel availability in quantity,
location, and secured siting is a key
[[Page H4905]]
component in ensuring resilient logistical support for
sustained forward operations in the Indo-Pacific region and
the execution of the National Defense Strategy, including the
objectives of maintaining a free and open Indo-Pacific.
(2) The Red Hill Bulk Fuel Facility is constructed in
basalt rock that overlays a key aquifer serving as one of the
major ground water resources for the fresh water needs of the
City of Honolulu, including key military installations and
associated facilities. Past leaks from the tanks and other
infrastructure of the Red Hill Bulk Fuel Storage Facility,
while not resulting in any appreciable effect to the aquifer,
raise significant questions whether the facility is being
operated and maintained to the highest standard possible and
whether the facility presents a material risk to the aquifer
and to Honolulu water resources.
(3) Safety inspections of the Red Hill Bulk Fuel Storage
Facility at 10-year intervals, as required by the American
Petroleum Institute 570 standards, set the upper boundaries
for inspections.
(b) Sense of Congress.--In order to fully effectuate
national security, assure the maximum safe utilization of the
Red Hill Bulk Fuel Storage Facility, and fully address
concerns as to potential impacts of the facility on public
health, it is the sense of Congress that the Secretary of the
Navy and the Defense Logistics Agency should--
(1) operate and maintain the Red Hill Bulk Fuel Storage
Facility to the highest standard possible; and
(2) require safety inspections to be conducted more
frequently based on the corrosion rate of the piping and
overall condition of the pipeline system and support
equipment at the facility.
(c) Inspection Requirement.--
(1) Inspection required.--The Secretary of the Navy shall
direct the Naval Facilities Engineering Command to conduct an
inspection of the pipeline system, supporting infrastructure,
and appurtenances, including valves and any other corrosion
prone equipment, at the Red Hill Bulk Fuel Storage Facility.
(2) Inspection agent; standards.--The inspection required
by this subsection shall be performed--
(A) by an independent American Petroleum Institute
certified inspector who will present findings of the
inspection and options to the Secretary of the Navy for
improving the integrity of the Red Hill Bulk Fuel Storage
Facility and its appurtenances; and
(B) in accordance with the Unified Facilities Criteria
(UFC-3-460-03) and American Petroleum Institute 570
inspection standards.
(3) Exception.--The inspection required by this subsection
excludes the fuel tanks at the Red Hill Bulk Fuel Storage
Facility.
(d) Life-cycle Sustainment Plan.--In conjunction with the
inspection required by subsection (c), the Naval Facilities
Engineering Command shall prepare a life-cycle sustainment
plan for the Red Hill Bulk Fuel Storage Facility, which shall
consider the current condition and service life of the tanks,
pipeline system, and support equipment.
(e) Submission of Results and Plan.--Not later than one
year after the date of the enactment of this Act, the
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing--
(1) the results of the inspection conducted under
subsection (c);
(2) the life-cycle sustainment plan prepared under
subsection (d); and
(3) options on improving the security and maintenance of
the Red Hill Bulk Fuel Storage Facility.
amendment no. 93 offered by mr. case of hawaii
At the end of subtitle H of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON LONG-TERM INFRASTRUCTURE NEEDS TO
SUPPORT MARINE CORPS REALIGNMENT IN UNITED
STATES INDO-PACIFIC COMMAND AREA OF
RESPONSIBILITY.
Not later than one year after the date of the enactment of
this Act, the Deputy Commandant, Installations and Logistics,
of the Marine Corps shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report listing and describing the infrastructure that will be
needed to directly support the Marine Corps realignment in
the United States Indo-Pacific Command Area of
Responsibility. The report shall include the known or
estimated scope, cost, and schedule for each military
construction project, repair project, or other infrastructure
project included on the infrastructure list.
amendment no. 94 offered by mr. case of hawaii
At the end of subtitle H of title XXVIII, add the following
new section:
SEC. 28__. FIVE-YEAR UPDATES OF HAWAI`I MILITARY LAND USE
MASTER PLAN.
(a) Findings.--Congress finds the following:
(1) The continued presence of the Armed Forces and
Department of Defense in the State of Hawai`i supports the
United State's objective of a free and open Indo-Pacific
region.
(2) Given the strategic location of Hawai`i in the central
Pacific, the State is home to the United States Indo-Pacific
Command and all of its subcomponent commanders.
(3) The Armed Forces and Department of Defense presence in
Hawai`i is extensive and significant despite the limited
geography of the State.
(b) Sense of Congress.--Given the extent and significance
of the Armed Forces and Department of Defense presence in
Hawai`i and the limited geography of the State, it is the
sense of Congress that the Secretary of Defense should--
(1) synchronize all of the Armed Forces' training
activities, land holdings, and operations for the most
efficient use and stewardship of land in Hawai`i; and
(2) ensure that the partnership between the DoD and State
of Hawai`i is mutually advantageous and based on the
following principles:
(A) Respect for the land, people, and culture of Hawai`i.
(B) Commitment to building strong, resilient communities.
(C) Maximum joint use of Department of Defense land
holdings.
(D) Optimization of existing Armed Forces training,
operational, and administrative facilities.
(E) Synchronized communication from United States Indo-
Pacific Command across all military components with State
government, State agencies, county governments, communities,
and Federal agencies on critical land and environmental
topics.
(c) Required Update of Master Plan.--
(1) Plan update required.--Not later than December 31,
2025, and every five years thereafter through December 31,
2045, the Deputy Assistant Secretary of Defense for Real
Property shall update the Hawai`i Military Land Use Master
Plan, which was first produced by the Department of Defense
in 1995 and updated in 2002 and 2021.
(2) Elements.--In updating the Hawai`i Military Land Use
Master Plan, the Deputy Assistant Secretary of Defense for
Real Property shall consider, address, and include the
following:
(A) The priorities of each individual Armed Force and joint
priorities within the State of Hawai`i.
(B) The historical background of Armed Forces and
Department of Defense use of lands in Hawai`i and the
cultural significance of the historical land holdings.
(C) A summary of all leases and easements held by the
Department.
(D) An overview of Army, Navy, Marine Corps, Air Force,
Space Force, Coast Guard, Hawai`i National Guard, and Hawai`i
Air National Guard assets in the State, including the
following for each asset:
(i) The location and size of facilities.
(ii) Any tenet commands.
(iii) Training lands.
(iv) Purpose of the asset.
(v) Priorities for the asset for the next five years,
including any planned divestitures and expansions.
(E) A summary of encroachment planning efforts.
(F) A summary of efforts to synchronize the inter-service
use of training lands and ranges.
(3) Cooperation.--The Deputy Assistant Secretary of Defense
for Real Property shall carry out this subsection in
conjunction with the Commander of United States Indo-Pacific
Command.
(d) Submission of Updated Plan.--Not later than 30 days
after the date of the completion of an update to the Hawai`i
Military Land Use Master Plan under subsection (c), the
Deputy Assistant Secretary of Defense for Real Property shall
submit the updated master plan to the Committees on Armed
Services of the Senate and the House of Representatives.
amendment no. 95 offered by mr. case of hawaii
At the end of subtitle F of title III, insert the
following:
SEC. 3__. DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING
INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) Investigation required.--The Secretary of Defense shall
conduct a formal investigation into incidents of military
aircraft being lazed by the general population in Hawaii. The
Secretary shall carry out such investigation in coordination
and collaboration with appropriate non-Department of Defense
entities.
(2) Report to congress.--Not later than March 31, 2022, the
Secretary shall submit to the congressional defense
committees a report on the findings of the investigation
conducted pursuant to paragraph (1).
(b) Information Sharing.-- The Secretary shall seek to
increase information sharing between the Department of
Defense and the States with respect to incidents of lazing of
military aircraft, including by entering into memoranda of
understanding with State law enforcement agencies on
information sharing in connection with such incidents to
provide for procedures for closer cooperation with local law
enforcement in responding to such incidents as soon as they
are reported.
(c) Data Collection and Tracking.--The Secretary shall
collect such data as may be necessary to track the
correlation between noise complaints and incidents of
military aircraft lazing.
(d) Operating Procedures.--The Secretary shall give
consideration to adapting local operating procedures in areas
with high incidence of military aircraft lazing incidents to
reduce potential injury to aircrew.
(e) Eye Protection.--The Secretary shall examine the
availability of commercial off-the-shelf laser eye protection
equipment that protects against the most commonly
[[Page H4906]]
available green light lasers that are available to the
public. If the Secretary determines that no such laser eye
protection equipment is available, the Secretary shall
conduct research and develop such equipment.
amendment no. 96 offered by mr. case of hawaii
At the end of subtitle J of title V, insert the following:
SEC. 5__. REPORT REGARDING BEST PRACTICES FOR COMMUNITY
ENGAGEMENT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary of
Defense and the Secretaries of the military departments shall
jointly submit to Congress a report on best practices for
coordinating relations with State and local governmental
entities in the State of Hawaii.
(b) Best Practices.--The best practices referred to in
subsection (a) shall address each of the following issues:
(1) Identify comparable locations with joint base military
installations or of other densely populated metropolitan
areas with multiple military installations and summarize
lessons learns from any similar efforts to engage with the
community and public officials.
(2) Identify all the major community engagement efforts by
the services, commands, installations and other military
organizations in the State of Hawaii.
(3) Evaluate the current community outreach efforts to
identify any outreach gaps or coordination challenges that
undermine the military engagement with the local community
and elected official in the State of Hawaii.
(4) Propose options available to create an enhanced,
coordinated community engagement effort in the State of
Hawaii based on the department's evaluation.
(5) Resources to support the coordination described in this
subsection, including the creation of joint liaison offices
that are easily accessible to public officials to facilitate
coordinating relations with State and local governmental
agencies.
amendment no. 97 offered by mr. castro of texas
Add at the end of subtitle C of title XIII the following:
SEC. 13__. DEPARTMENT OF STATE EFFORTS REGARDING FIREARMS
TRAFFICKING TO MEXICO.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall report to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate on the
Department of State's actions to disrupt firearms trafficking
to Mexico that includes--
(1) the results of the Department's efforts in Mexico on
combating firearms trafficking from the United States; and
(2) the Department's actions to implement the
recommendations, including targets with baselines and
timeframes for the Department's efforts in Mexico on
combating firearms trafficking, contained in the report of
the Government Accountability Office entitled ``Firearms
Trafficking: U.S. Efforts to Disrupt Gun Smuggling into
Mexico Would Benefit from Additional Data and Analysis'',
dated February 22, 2021 (GAO-21-322).
amendment no. 98 offered by mr. castro of texas
At the appropriate place in title LX of division E, insert
the following:
SEC. __. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST
MIGRANTS ABROAD.
(a) Information to Include in Annual Country Reports on
Human Rights Practices.--The Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at the end;
(B) in paragraph (12)(C)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms or human rights of migrants
located in a foreign country.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever
applicable, such report shall also include information
regarding violence or discrimination that affects the
fundamental freedoms or human rights of migrants permanently
or temporarily located in a foreign country.''.
(b) Review at Diplomatic and Consular Posts.--In preparing
the annual country reports on human rights practices required
under section 116 or 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n and 2304), as amended by subsection
(a), the Secretary of State shall obtain information from
each diplomatic and consular post with respect to--
(1) incidents of violence against migrants located in the
country in which such post is located;
(2) an analysis of the factors enabling or aggravating such
incidents, such as government policy, societal pressure, or
the actions of external actors; and
(3) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(c) Migrant.--For the purposes of this section and the
amendments made by this section, the term ``migrant''
includes economic migrants, guest workers, refugees, asylum-
seekers, stateless persons, trafficked persons, undocumented
migrants, and unaccompanied children, in addition to other
individuals who change their country of usual residence
temporarily or permanently.
amendment no. 99 offered by mr. chabot of ohio
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. 13__. GRAY ZONE REVIEW ACT.
(a) Study Required.--Not later than 180 days after the
enactment of this Act, the Comptroller General shall submit
to Congress a study on the capabilities of the United States
to conduct and respond to gray zone campaigns.
(b) Elements With Respect to the Nature of Gray Zone
Operations.--
(1) An evaluation of the adequacy and utility of the
definitions set forth in subsection (h) for understanding
gray zone activity and for operationalizing gray zone
campaigns.
(2) Agencies, offices, and units of the Federal Government
that are suited to gray zone operations or are at particular
risk from gray zone operations that are not covered agencies
for purposes of this section.
(c) Elements With Respect to Covered Agencies.--The study
shall examine the following with respect to each covered
agency:
(1) The capabilities, offices, and units that are
especially suited to gray zone operations and a description
of the roles each can play.
(2) Recommendations for addressing gaps within covered
agencies for effectively conducting gray zone operations
including proposed necessary investments to significantly
increase these capabilities to mitigate gray zone threats,
the rationale for each, and expected cost.
(d) Subdivisions With Respect to Certain Covered
Agencies.--In addition to the elements described in paragraph
(2) with respect to the agency as a whole, the report
required under paragraph (1) shall also include specifically
disaggregated information on the following:
(1) With respect to the section of the report relating to
the Department of Defense, the information described in
subsection (c) with respect to each military service and
regional combatant command, as appropriate.
(2) With respect to the section of the study relating to
the Department of State--
(A) an identification of 25 priority countries at the front
lines of adversary gray zone aggression; and
(B) the adequacy of the Department of State's public
affairs elements, including the Global Engagement Center, for
conducting and responding to information operations conducted
as part of a gray zone campaign.
(e) Elements With Respect to Interagency.--The study shall
examine the following with respect to interagency
coordination of and capacity to conduct and respond to gray
zone campaigns:
(1) The capacity of the interagency to marshal disparate
elements of national power to effectively respond in a
coordinated manner to adversary gray zone campaigns against
the United States or partner nations.
(2) The capacity to recognize adversary campaigns from weak
signals, including rivals' intent, capability, impact,
interactive effects, and impact on United States interests.
(3) A description of the process for determining the
tolerance for adversary gray zone activity, including the
methods and mechanisms for--
(A) determining which adversary gray zone activities are
unacceptable;
(B) communicating these positions to adversaries;
(C) developing theories of deterrence; and
(D) establishing and regularly reviewing protocols with
allies and partners to respond to such activities.
(4) Recommendations for addressing gaps between covered
agencies as well as inadequacies and inefficiencies in the
interagency coordination of covered agencies and their
elements including a discussion of how such recommendations
will be sufficient to achieve United States gray zone
objectives and to counter adversary gray zone campaigns.
(f) Form.--The report described in this subsection shall be
submitted in an unclassified format insofar as possible and
shall include a classified annex.
(g) Covered Agencies Defined.--For purposes of the review
and report described in paragraph (1), the term ``covered
agencies'' means the following:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Commerce.
(5) The Department of Homeland Security.
(6) The Department of the Treasury.
(7) The Office of the Director of National Intelligence.
(8) The Central Intelligence Agency.
(9) The National Security Agency.
(10) The United States International Development Finance
Corporation.
(11) The United States Agency for Global Media.
(12) The United States Trade Representative.
(h) Definition.--For purposes of this section:
(1) The term ``gray zone operations'' is defined as state-
directed operations against another state that are not
associated with routine statecraft and are meant to advance a
country's foreign objectives without crossing a threshold
that results in a conventional military response or open
hostilities. Such activities include the following:
[[Page H4907]]
(A) Information warfare, including the spreading of
disinformation or propaganda.
(B) Encouraging internal strife within target countries.
(C) Coordinated efforts to unduly influence democratic
elections or related political activities.
(D) Economic coercion.
(E) Cyber operations, below the threshold of conflict,
aimed at coercion, espionage, or otherwise undermining a
target.
(F) Support of domestic or foreign proxy forces.
(G) Coercive investment and bribery for political aims.
(H) Industrial policy designed to monopolize a strategic
industry or to destroy such an industry in other nations,
especially when coordinated with other gray zone operations.
(I) Military, paramilitary, or similar provocations and
operations short of war.
(J) Government financing or sponsorship of activities
described in subparagraphs (A) through (I).
(2) The term ``gray zone campaigns'' is the use of gray
zone operations, including the coordination of gray zone
operations against multiple domains, with the goal of
achieving a political or military objective.
amendment no. 100 offered by ms. cheney of wyoming
Add at the end of subtitle A of title XVI the following new
section:
SEC. 16__. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE
PROGRAM FOR MULTIGLOBAL NAVIGATION SATELLITE
SYSTEM RECEIVER DEVELOPMENT.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Office
of the Secretary of the Air Force, not more than 80 percent
may be obligated or expended until the date on which the
Secretary of Defense--
(1) certifies to the congressional defense committees that
the Secretary of the Air Force is carrying out the program
required under section 1607 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1724); and
(2) provides to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on how the
Secretary is implementing such program, including with
respect to addressing each element specified in subsection
(b) of such section.
amendment no. 101 offered by ms. cheney of wyoming
At the end of subtitle C of title VIII, add the following
new section:
SEC. 8__. ENSURING CONSIDERATION OF THE NATIONAL SECURITY
IMPACTS OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Energy and the Secretary of Commerce,
shall conduct an assessment of the effect on national
security that would result from uranium ceasing to be
designated as a critical mineral by the Secretary of the
Interior under section 7002(c) of the Energy Act of 2020
(Public Law 116-260; 30 U.S.C. 1606(c)).
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of
the assessment conducted under subsection (a), including--
(1) the effects of the loss of domestic uranium production
on--
(A) Federal national security programs, including any
existing and potential future uses of unobligated uranium
originating from domestic sources; and
(B) the energy security of the United States;
(2) a description of the extent of the reliance of the
United States on imports of uranium from foreign sources,
including from state-owned entities, to supply fuel for
commercial reactors; and
(3) the effects of such reliance and other factors on the
domestic production, conversion, fabrication, and enrichment
of uranium.
(c) Uranium Critical Mineral Designation Change
Restricted.--Notwithstanding section 7002(c) of the Energy
Act of 2020 (Public Law 116-260; 30 U.S.C. 1606(c)), until
the submission of the report required under subsection (b),
the designation of uranium as a critical mineral pursuant to
such section may not be altered or eliminated.
amendment no. 102 offered by ms. chu of california
At the appropriate place in title V, insert the following:
SEC. 5__. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND
RESPONSE TO BULLYING IN THE ARMED FORCES.
Section 549 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is
amended--
(1) in the section heading, by inserting ``and bullying''
after ``hazing'';
(2) in subsection (a)--
(A) in the heading, by inserting ``and anti-bullying''
after ``Anti-hazing'';
(B) by inserting ``(including formal, informal, and
anonymous reports)'' after ``collection of reports''; and
(C) by inserting ``or bullying'' after ``hazing'' both
places it appears;
(3) in subsection (b), by inserting ``and bullying'' after
``hazing''; and
(4) in subsection (c)--
(A) in the heading, by inserting ``and bullying'' after
``hazing'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``January 31, 2021'' and inserting
``January 31, 2027''; and
(II) by striking ``each Secretary of a military department,
in consultation with the Chief of Staff of each Armed Force
under the jurisdiction of such Secretary,'' and inserting
``the Secretary of Defense'';
(ii) in subparagraph (A), by inserting ``or bullying''
after ``hazing'';
(iii) in subparagraph (B), by inserting ``formally,
informally, and'' before ``anonymously''; and
(iv) in subparagraph (C), by inserting ``and anti-
bullying'' after ``anti-hazing''; and
(C) in amending paragraph (2) to read as follows:
``(2) Additional elements.--Each report required by this
subsection shall include the following:
``(A) A description of comprehensive data-collection
systems of each Armed Force described in subsection (b) and
the Office of the Secretary of Defense for collecting hazing
or bullying reports involving a member of the Armed Forces,
including formal, informal, and anonymous reports.
``(B) A description of processes of each Armed Force
described in subsection (b) to identify, document, and report
alleged instances of hazing or bullying. Such description
shall include the methodology each such Armed Force uses to
categorize and count potential instances of hazing or
bullying.
``(C) An assessment by each Secretary of a military
department of the quality and need for training on
recognizing and preventing hazing and bullying provided to
members under the jurisdiction of such Secretary.
``(D) An assessment by the Office of the Secretary of
Defense of--
``(i) the effectiveness of each Armed Force described in
subsection (b) in tracking and reporting instances of hazing
or bullying;
``(ii) whether the performance of each such Armed Force was
satisfactory or unsatisfactory in the preceding fiscal year.
``(E) Recommendations of the Secretary to improve--
``(i) elements described in subparagraphs (A) through (D).
``(ii) the Uniform Code of Military Justice or the Manual
for Courts-Martial to improve the prosecution of persons
alleged to have committed hazing or bullying in the Armed
Forces.
``(F) The status of efforts of the Secretary to evaluate
the prevalence of hazing and bullying in the Armed Forces.
``(G) Data on allegations of hazing and bullying in the
Armed Forces, including--
``(i) number of formal, informal, and anonymous reports;
and
``(ii) final disposition of investigations.
``(H) Plans of the Secretary to improve hazing and bullying
prevention and response during the next reporting year.''.
amendment no. 103 offered by ms. chu of california
Add at the end of subtitle B of title XII of division A the
following:
SEC. 12__. SENSE OF CONGRESS RELATING TO KABUL AIR STRIKE.
It is the sense of Congress that--
(1) an investigation by the Commander of United States
Central Command, General Kenneth F. McKenzie, found that an
August air strike in Kabul resulted in the deaths of as many
as ten civilians, including up to seven children;
(2) Secretary of Defense, Lloyd J. Austin III, expressed
condolences to the surviving family members on behalf of the
Department of Defense;
(3) senior defense officials must ensure that there is full
accountability for this tragic mistake;
(4) the Department of Defense must conduct a timely,
comprehensive, and transparent investigation into the events
that led to the deaths of innocent civilians, including
accountability measures to be taken and consideration of the
degree to which strike authorities, procedures, and processes
need to be altered in the future; and
(5) while no amount of recompense can make up for the loss
or grief of the affected families, the United States must
provide appropriate compensation for those families through
the form of ex gratia payments or other means of
remuneration.
amendment no. 104 offered by mr. cicilline of rhode island
At the end of subtitle B of title XIV of division A, insert
the following:
SEC. ___. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL
COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such title
is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional
Commission shall include the following counties:
``(1) Rhode island.--Each county in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, New Haven,
Windham, Tolland, Middlesex, and New London in the State of
Connecticut.
``(3) Massachusetts.--The counties of Hampden, Plymouth,
Barnstable, Essex, Worcester, and Bristol in the State of
Massachusetts.''.
[[Page H4908]]
(2) Technical and conforming amendment.--The analysis for
Subchapter II of chapter 157 of such title is amended by
adding at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States
Code, shall apply with respect to the Southern New England
Regional Commission beginning with fiscal year 2022.
amendment no. 106 offered by ms. clark of massachusetts
At the end of title LX, add the following new section:
SEC. __. SENSE OF CONGRESS ON RECOGNIZING WOMEN IN THE UNITED
STATES FOR THEIR SERVICE IN WORLD WAR II AND
RECOGNIZING THE ROLE OF REPRESENTATIVE EDITH
NOURSE ROGERS IN ESTABLISHING THE WOMEN'S ARMY
AUXILIARY CORPS AND THE WOMEN'S ARMY CORPS.
It is the sense of Congress that, on the 79th anniversary
of the establishment of the Women's Auxiliary Corps by
Congresswoman Edith Nourse Rogers, the United States--
(1) honors the women who served the United States in
military capacities during World War II;
(2) commends those women who, through a sense of duty and
willingness to defy stereotypes and social pressures,
performed military assignments to aid the war effort,
allowing for more combat capacity;
(3) recognizes that those women, by serving with diligence
and merit, not only opened up opportunities for women that
had previously been reserved for men, but also contributed
vitally to the victory of the United States and the Allies in
World War II; and
(4) honors the contributions of Congresswoman Edith Nourse
Rogers and her fellow Members of Congress who supported the
establishment of the Women's Army Auxiliary Corps and the
Women's Army Corps.
amendment no. 107 offered by ms. clarke of new york
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY.
(a) In General.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by adding at the end
the following new section:
``SEC. 2220A. CYBERSENTRY PROGRAM.
``(a) Establishment.--The Director shall establish and
maintain in the Agency a program, to be known as
`CyberSentry', to provide continuous monitoring and detection
of cybersecurity risks to critical infrastructure entities
that own or operate industrial control systems that support
national critical functions, upon request and subject to the
consent of such owner or operator.
``(b) Activities.--The Director, through CyberSentry,
shall--
``(1) enter into strategic partnerships with critical
infrastructure owners and operators that, in the
determination of the Director and subject to the availability
of resources, own or operate regionally or nationally
significant industrial control systems that support national
critical functions, in order to provide technical assistance
in the form of continuous monitoring of industrial control
systems and the information systems that support such systems
and detection of cybersecurity risks to such industrial
control systems and other cybersecurity services, as
appropriate, based on and subject to the agreement and
consent of such owner or operator;
``(2) leverage sensitive or classified intelligence about
cybersecurity risks regarding particular sectors, particular
adversaries, and trends in tactics, techniques, and
procedures to advise critical infrastructure owners and
operators regarding mitigation measures and share information
as appropriate;
``(3) identify cybersecurity risks in the information
technology and information systems that support industrial
control systems which could be exploited by adversaries
attempting to gain access to such industrial control systems,
and work with owners and operators to remediate such
vulnerabilities;
``(4) produce aggregated, anonymized analytic products,
based on threat hunting and continuous monitoring and
detection activities and partnerships, with findings and
recommendations that can be disseminated to critical
infrastructure owners and operators; and
``(5) support activities authorized in accordance with
section 1501 of the National Defense Authorization Act for
Fiscal Year 2022.
``(c) Privacy Review.--Not later than 180 days after the
date of enactment of this Act, the Privacy Officer of the
Agency under section 2202(h) shall--
``(1) review the policies, guidelines, and activities of
CyberSentry for compliance with all applicable privacy laws,
including such laws governing the acquisition, interception,
retention, use, and disclosure of communities; and
``(2) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
certifying compliance with all applicable privacy laws as
referred to in paragraph (1), or identifying any instances of
noncompliance with such privacy laws.
``(d) Report to Congress.--Not later than one year after
the date of the enactment of this Act, the Director shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a briefing and written
report on implementation of this section.
``(e) Savings.--Nothing in this section may be construed to
permit the Federal Government to gain access to information
of a remote computing service provider to the public or an
electronic service provider to the public, the disclosure of
which is not permitted under section 2702 of title 18, United
States Code.
``(f) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 2209(a).
``(2) Industrial control system.--The term `industrial
control system' means an information system used to monitor
and/or control industrial processes such as manufacturing,
product handling, production, and distribution, including
supervisory control and data acquisition (SCADA) systems used
to monitor and/or control geographically dispersed assets,
distributed control systems (DCSs), Human-Machine Interfaces
(HMIs), and programmable logic controllers that control
localized processes.
``(3) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9)).''.
(b) Responsibilities of the CISA Director Relating to
Industrial Control Systems That Support National Critical
Functions.--
(1) In general.--Subsection (c) of section 2202 of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended--
(A) in paragraph (11), by striking ``and'' after the
semicolon;
(B) in the first paragraph (12) (relating to appointment of
a Cybersecurity State Coordinator) by striking ``as described
in section 2215; and'' and inserting ``as described in
section 2217;'';
(C) by redesignating the second paragraph (12) (relating to
the .gov internet domain) as paragraph (13);
(D) in such redesignated paragraph (13), by striking
``and'' after the semicolon;
(E) by inserting after such redesignated paragraph (13) the
following new paragraph:
``(14) maintain voluntary partnerships with critical
infrastructure entities that own or operate industrial
control systems that support national critical functions,
which may include, upon request and subject to the consent of
the owner or operator, providing technical assistance in the
form of continuous monitoring and detection of cybersecurity
risks (as such term is defined in section 2209(a)) in
furtherance of section 2220A; and''; and
(F) by redesignating the third paragraph (12) (relating to
carrying out such other duties and responsibilities) as
paragraph (15).
(2) Continuous monitoring and detection.--Section
2209(c)(6) of the Homeland Security Act of 2002 (6 U.S.C.
659) is amended by inserting ``, which may take the form of
continuous monitoring and detection of cybersecurity risks to
critical infrastructure entities that own or operate
industrial control systems that support national critical
functions'' after ``mitigation, and remediation''.
(c) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(i) in the first section 2215 (6 U.S.C. 665; relating to
the duties and authorities relating to .gov internet domain),
by amending the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(ii) in the second section 2215 (6 U.S.C. 665b; relating to
the joint cyber planning office), by amending the section
enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iii) in the third section 2215 (6 U.S.C. 665c; relating to
the Cybersecurity State Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(iv) in the fourth section 2215 (6 U.S.C. 665d; relating to
Sector Risk Management Agencies), by amending the section
enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(v) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vi) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING
PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
[[Page H4909]]
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. CyberSentry program.''.
Amendment No. 108 offered by Ms. Clarke of New York
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CYBER INCIDENT REVIEW OFFICE.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220A. CYBER INCIDENT REVIEW OFFICE.
``(a) Definitions.--In this section:
``(1) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services
related to cloud computing, as defined by the National
Institutes of Standards and Technology in NIST Special
Publication 800-145 and any amendatory or superseding
document relating thereto.
``(2) Covered entity.--The term `covered entity' means an
entity that owns or operates critical infrastructure that
satisfies the definition established by the Director in the
reporting requirements and procedures issued pursuant to
subsection (d).
``(3) Covered cybsecurity incident.--The term `covered
cybersecurity incident' means a cybersecurity incident
experienced by a covered entity that satisfies the definition
and criteria established by the Director in the reporting
requirements and procedures issued pursuant to subsection
(d).
``(4) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(5) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501).
``(6) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(7) Defensive measure.--The term `defensive measure' has
the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(8) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' has the
meaning given such term in section 2222(5).
``(9) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9)).
``(10) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(11) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as
network, application, infrastructure, or security services,
via ongoing and regular support and active administration on
customers' premises, in the managed service provider's data
center (such as hosting), or in a third-party data center.
``(12) Security control.--The term `security control' has
the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(13) Security vulnerability.--The term `security
vulnerability' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113; 6 U.S.C. 1501)).
``(14) Significant cyber incident.--The term `significant
cyber incident' means a cyber incident, or a group of related
cyber incidents, that the Director determines is likely to
result in demonstrable harm to the national security
interests, foreign relations, or economy of the United States
or to the public confidence, civil liberties, or public
health and safety of the American people.
``(15) Supply chain attack.--The term `supply chain attack'
means an attack that allows an adversary to utilize implants
or other vulnerabilities inserted into information technology
hardware, software, operating systems, peripherals (such as
information technology products), or services at any point
during the life cycle in order to infiltrate the networks of
third parties where such products, services, or technologies
are deployed.
``(b) Cyber Incident Review Office.--There is established
in the Agency a Cyber Incident Review Office (in this section
referred to as the `Office') to receive, aggregate, and
analyze reports related to covered cybersecurity incidents
submitted by covered entities in furtherance of the
activities specified in subsection (c) of this section and
sections 2202(e), 2209(c), and 2203 to enhance the
situational awareness of cybersecurity threats across
critical infrastructure sectors.
``(c) Activities.--The Office shall, in furtherance of the
activities specified in sections 2202(e), 2209(c), and 2203--
``(1) receive, aggregate, analyze, and secure reports from
covered entities related to a covered cybersecurity incident
to assess the effectiveness of security controls and identify
tactics, techniques, and procedures adversaries use to
overcome such controls;
``(2) facilitate the timely sharing between relevant
critical infrastructure owners and operators and, as
appropriate, the intelligence community of information
relating to covered cybersecurity incidents, particularly
with respect to an ongoing cybersecurity threat or security
vulnerability;
``(3) for a covered cybersecurity incident that also
satisfies the definition of a significant cyber incident, or
are part of a group of related cyber incidents that together
satisfy such definition, conduct a review of the details
surrounding such covered cybersecurity incident or group of
such incidents and identify ways to prevent or mitigate
similar incidents in the future;
``(4) with respect to covered cybersecurity incident
reports under subsection (d) involving an ongoing
cybersecurity threat or security vulnerability, immediately
review such reports for cyber threat indicators that can be
anonymized and disseminated, with defensive measures, to
appropriate stakeholders, in coordination with other
Divisions within the Agency, as appropriate;
``(5) publish quarterly unclassified, public reports that
describe aggregated, anonymized observations, findings, and
recommendations based on covered cybersecurity incident
reports under subsection (d);
``(6) leverage information gathered regarding cybersecurity
incidents to enhance the quality and effectiveness of bi-
directional information sharing and coordination efforts with
appropriate stakeholders, including sector coordinating
councils, information sharing and analysis organizations,
technology providers, cybersecurity and incident response
firms, and security researchers, including by establishing
mechanisms to receive feedback from such stakeholders
regarding how the Agency can most effectively support private
sector cybersecurity; and
``(6) proactively identify opportunities, in accordance
with the protections specified in subsections (e) and (f), to
leverage and utilize data on cybersecurity incidents in a
manner that enables and strengthens cybersecurity research
carried out by academic institutions and other private sector
organizations, to the greatest extent practicable.
``(d) Covered Cybersecurity Incident Reporting Requirements
and Procedures.--
``(1) In general.--Not later than 270 days after the date
of the enactment of this section, the Director, in
consultation with Sector Risk Management Agencies and the
heads of other Federal departments and agencies, as
appropriate, shall, after a 60 day consultative period,
followed by a 90 day comment period with appropriate
stakeholders, including sector coordinating councils, publish
in the Federal Register an interim final rule implementing
this section. Notwithstanding section 553 of title 5, United
States Code, such rule shall be effective, on an interim
basis, immediately upon publication, but may be subject to
change and revision after public notice and opportunity for
comment. The Director shall issue a final rule not later than
one year after publication of such interim final rule. Such
interim final rule shall--
``(A) require covered entities to submit to the Office
reports containing information relating to covered
cybersecurity incidents; and
``(B) establish procedures that clearly describe--
``(i) the types of critical infrastructure entities
determined to be covered entities;
``(ii) the types of cybersecurity incidents determined to
be covered cybersecurity incidents;
``(iii) the mechanisms by which covered cybersecurity
incident reports under subparagraph (A) are to be submitted,
including--
``(I) the contents, described in paragraph (4), to be
included in each such report, including any supplemental
reporting requirements;
``(II) the timing relating to when each such report should
be submitted; and
``(III) the format of each such report;
``(iv) describe the manner in which the Office will carry
out enforcement actions under subsection (g), including with
respect to the issuance of subpoenas, conducting
examinations, and other aspects relating to noncompliance;
and
``(v) any other responsibilities to be carried out by
covered entities, or other procedures necessary to implement
this section.
``(2) Covered entities.--In determining which types of
critical infrastructure entities are covered entities for
purposes of this section, the Secretary, acting through the
Director, in consultation with Sector Risk Management
Agencies and the heads of other Federal departments and
agencies, as appropriate, shall consider--
``(A) the consequences that disruption to or compromise of
such an entity could cause to national security, economic
security, or public health and safety;
[[Page H4910]]
``(B) the likelihood that such an entity may be targeted by
a malicious cyber actor, including a foreign country;
``(C) the extent to which damage, disruption, or
unauthorized access to such and entity will disrupt the
reliable operation of other critical infrastructure assets;
and
``(D) the extent to which an entity or sector is subject to
existing regulatory requirements to report cybersecurity
incidents, and the possibility of coordination and sharing of
reports between the Office and the regulatory authority to
which such entity submits such other reports.
``(3) Outreach to covered entities.--
``(A) In general.--The Director shall conduct an outreach
and education campaign to inform covered entities of the
requirements of this section.
``(B) Elements.--The outreach and education campaign under
subparagraph (A) shall include the following:
``(i) Overview of the interim final rule and final rule
issued pursuant to this section.
``(ii) Overview of reporting requirements and procedures
issued pursuant to paragraph (1).
``(iii) Overview of mechanisms to submit to the Office
covered cybersecurity incident reports and information
relating to the disclosure, retention, and use of incident
reports under this section.
``(iv) Overview of the protections afforded to covered
entities for complying with requirements under subsection
(f).
``(v) Overview of the steps taken under subsection (g) when
a covered entity is not in compliance with the reporting
requirements under paragraph (1).
``(C) Coordination.--The Director may conduct the outreach
and education campaign under subparagraph (A) through
coordination with the following:
``(i) The Critical Infrastructure Partnership Advisory
Council established pursuant to section 871.
``(ii) Information Sharing and Analysis Organizations.
``(iii) Any other means the Director determines to be
effective to conduct such campaign.
``(4) Covered cybersecurity incidents.--
``(A) Considerations.--In accordance with subparagraph (B),
in determining which types of incidents are covered
cybersecurity incidents for purposes of this section, the
Director shall consider--
``(i) the sophistication or novelty of the tactics used to
perpetrate such an incident, as well as the type, volume, and
sensitivity of the data at issue;
``(ii) the number of individuals directly or indirectly
affected or potentially affected by such an incident; and
``(iii) potential impacts on industrial control systems,
such as supervisory control and data acquisition systems,
distributed control systems, and programmable logic
controllers.
``(B) Minimum thresholds.--For a cybersecurity incident to
be considered a covered cybersecurity incident a
cybersecurity incident shall, at a minimum, include at least
one of the following:
``(i) Unauthorized access to an information system or
network that leads to loss of confidentiality, integrity, or
availability of such information system or network, or has a
serious impact on the safety and resiliency of operational
systems and processes.
``(ii) Disruption of business or industrial operations due
to a denial of service attack, a ransomware attack, or
exploitation of a zero-day vulnerability, against--
``(I) an information system or network; or
``(II) an operational technology system or process.
``(iii) Unauthorized access or disruption of business or
industrial operations due to loss of service facilitated
through, or caused by a compromise of, a cloud service
provider, managed service provider, other third-party data
hosting provider, or supply chain attack.
``(5) Reports.--
``(A) Timing.--
``(i) In general.--The Director, in consultation with
Sector Risk Management Agencies and the heads of other
Federal departments and agencies, as appropriate, shall
establish reporting timelines for covered entities to submit
promptly to the Office covered cybersecurity incident
reports, as the Director determines reasonable and
appropriate based on relevant factors, such as the nature,
severity, and complexity of the covered cybersecurity
incident at issue and the time required for investigation,
but in no case may the Director require reporting by a
covered entity earlier than 72 hours after confirmation that
a covered cybersecurity incident has occurred.
``(ii) Considerations.--In determining reporting timelines
under clause (i), the Director shall--
``(I) consider any existing regulatory reporting
requirements, similar in scope purpose, and timing to the
reporting requirements under this section, to which a covered
entity may also be subject, and make efforts to harmonize the
timing and contents of any such reports to the maximum extent
practicable; and
``(II) balance the Agency's need for situational awareness
with a covered entity's ability to conduct incident response
and investigations.
``(B) Third party reporting.--
``(i) In general.--A covered entity may submit a covered
cybersecurity incident report through a third party entity or
Information Sharing and Analysis Organization.
``(ii) Duty to ensure compliance.--Third party reporting
under this subparagraph does not relieve a covered entity of
the duty to ensure compliance with the requirements of this
paragraph.
``(C) Supplemental reporting.--A covered entity shall
submit promptly to the Office, until such date that such
covered entity notifies the Office that the cybersecurity
incident investigation at issue has concluded and the
associated covered cybersecurity incident has been fully
mitigated and resolved, periodic updates or supplements to a
previously submitted covered cybersecurity incident report if
new or different information becomes available that would
otherwise have been required to have been included in such
previously submitted report. In determining reporting
timelines, the Director may choose to establish a flexible,
phased reporting timeline for covered entities to report
information in a manner that aligns with investigative
timelines and allows covered entities to prioritize incident
response efforts over compliance.
``(D) Contents.--Covered cybersecurity incident reports
submitted pursuant to this section shall contain such
information as the Director prescribes, including the
following information, to the extent applicable and
available, with respect to a covered cybersecurity incident:
``(i) A description of the covered cybersecurity incident,
including identification of the affected information systems,
networks, or devices that were, or are reasonably believed to
have been, affected by such incident, and the estimated date
range of such incident.
``(ii) Where applicable, a description of the
vulnerabilities exploited and the security defenses that were
in place, as well as the tactics, techniques, and procedures
relevant to such incident.
``(iii) Where applicable, any identifying information
related to the actor reasonably believed to be responsible
for such incident.
``(iv) Where applicable, identification of the category or
categories of information that was, or is reasonably believed
to have been, accessed or acquired by an unauthorized person.
``(v) Contact information, such as telephone number or
electronic mail address, that the Office may use to contact
the covered entity or, where applicable, an authorized agent
of such covered entity, or, where applicable, the service
provider, acting with the express permission, and at the
direction, of such covered entity, to assist with compliance
with the requirements of this section.
``(6) Responsibilities of covered entities.--Covered
entities that experience a covered cybersecurity incident
shall coordinate with the Office to the extent necessary to
comply with this section, and, to the extent practicable,
cooperate with the Office in a manner that supports enhancing
the Agency's situational awareness of cybersecurity threats
across critical infrastructure sectors.
``(7) Harmonizing reporting requirements.--In establishing
the reporting requirements and procedures under paragraph
(1), the Director shall, to the maximum extent practicable--
``(A) review existing regulatory requirements, including
the information required in such reports, to report
cybersecurity incidents that may apply to covered entities,
and ensure that any such reporting requirements and
procedures avoid conflicting, duplicative, or burdensome
requirements; and
``(B) coordinate with other regulatory authorities that
receive reports relating to cybersecurity incidents to
identify opportunities to streamline reporting processes, and
where feasible, enter into agreements with such authorities
to permit the sharing of such reports with the Office,
consistent with applicable law and policy, without impacting
the Office's ability to gain timely situational awareness of
a covered cybersecurity incident or significant cyber
incident.
``(e) Disclosure, Retention, and Use of Incident Reports.--
``(1) Authorized activities.--No information provided to
the Office in accordance with subsections (d) or (h) may be
disclosed to, retained by, or used by any Federal department
or agency, or any component, officer, employee, or agent of
the Federal Government, except if the Director determines
such disclosure, retention, or use is necessary for--
``(A) a cybersecurity purpose;
``(B) the purpose of identifying--
``(i) a cybersecurity threat, including the source of such
threat; or
``(ii) a security vulnerability;
``(C) the purpose of responding to, or otherwise
preventing, or mitigating a specific threat of--
``(i) death;
``(ii) serious bodily harm; or
``(iii) serious economic harm, including a terrorist act or
a use of a weapon of mass destruction;
``(D) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating a serious
threat to a minor, including sexual exploitation or threats
to physical safety; or
``(E) the purpose of preventing, investigating, disrupting,
or prosecuting an offense related to a threat--
``(i) described in subparagraphs (B) through (D); or
``(ii) specified in section 105(d)(5)(A)(v) of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1504(d)(5)(A)(v))).
[[Page H4911]]
``(2) Exceptions.--
``(A) Rapid, confidential, bi-directional sharing of cyber
threat indicators.--Upon receiving a covered cybersecurity
incident report submitted pursuant to this section, the
Office shall immediately review such report to determine
whether the incident that is the subject of such report is
connected to an ongoing cybersecurity threat or security
vulnerability and where applicable, use such report to
identify, develop, and rapidly disseminate to appropriate
stakeholders actionable, anonymized cyber threat indicators
and defensive measures.
``(B) Principles for sharing security vulnerabilities.--
With respect to information in a covered cybersecurity
incident report regarding a security vulnerability referred
to in paragraph (1)(B)(ii), the Director shall develop
principles that govern the timing and manner in which
information relating to security vulnerabilities may be
shared, consistent with common industry best practices and
United States and international standards.
``(3) Privacy and civil liberties.--Information contained
in reports submitted to the Office pursuant to subsections
(d) and (h) shall be retained, used, and disseminated, where
permissible and appropriate, by the Federal Government in a
manner consistent with processes for the protection of
personal information adopted pursuant to section 105 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1504)).
``(4) Prohibition on use of information in regulatory
actions.--
``(A) In general.--Information contained in reports
submitted to the Office pursuant to subsections (d) and (h)
may not be used by any Federal, State, Tribal, or local
government to regulate, including through an enforcement
action, the lawful activities of any non-Federal entity.
``(B) Exception.--A report submitted to the Agency pursuant
to subsection (d) or (h) may, consistent with Federal or
State regulatory authority specifically relating to the
prevention and mitigation of cybersecurity threats to
information systems, inform the development or implementation
of regulations relating to such systems.
``(f) Protections for Reporting Entities and Information.--
Reports describing covered cybersecurity incidents submitted
to the Office by covered entities in accordance with
subsection (d), as well as voluntarily-submitted
cybersecurity incident reports submitted to the Office
pursuant to subsection (h), shall be--
``(1) entitled to the protections against liability
described in section 106 of the Cybersecurity Act of 2015
(enacted as division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C. 1505));
``(2) exempt from disclosure under section 552 of title 5,
United States Code, as well as any provision of State,
Tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring disclosure of information or records;
and
``(3) considered the commercial, financial, and proprietary
information of the covered entity when so designated by the
covered entity.
``(g) Noncompliance With Required Reporting.--
``(1) Purpose.--In the event a covered entity experiences a
cybersecurity incident but does not comply with the reporting
requirements under this section, the Director may obtain
information about such incident by engaging directly such
covered entity in accordance with paragraph (2) to request
information about such incident, or, if the Director is
unable to obtain such information through such engagement, by
issuing a subpoena to such covered entity, subject to
paragraph (3), to gather information sufficient to determine
whether such incident is a covered cybersecurity incident,
and if so, whether additional action is warranted pursuant to
paragraph (4).
``(2) Initial request for information.--
``(A) In general.--If the Director has reason to believe,
whether through public reporting, intelligence gathering, or
other information in the Federal Government's possession,
that a covered entity has experienced a cybersecurity
incident that may be a covered cybersecurity incident but did
not submit pursuant to subsection (d) to the Office a covered
cybersecurity incident report relating thereto, the Director
may request information from such covered entity to confirm
whether the cybersecurity incident at issue is a covered
cybersecurity incident, and determine whether further
examination into the details surrounding such incident are
warranted pursuant to paragraph (4).
``(B) Treatment.--Information provided to the Office in
response to a request under subparagraph (A) shall be treated
as if such information was submitted pursuant to the
reporting procedures established in accordance with
subsection (d).
``(3) Authority to issue subpoenas.--
``(A) In general.--If, after the date that is seven days
from the date on which the Director made a request for
information in paragraph (2), the Director has received no
response from the entity from which such information was
requested, or received an inadequate response, the Director
may issue to such entity a subpoena to compel disclosure of
information the Director considers necessary to determine
whether a covered cybersecurity incident has occurred and
assess potential impacts to national security, economic
security, or public health and safety, determine whether
further examination into the details surrounding such
incident are warranted pursuant to paragraph (4), and if so,
compel disclosure of such information as is necessary to
carry out activities described in subsection (c).
``(B) Civil action.--If a covered entity does not comply
with a subpoena, the Director may bring a civil action in a
district court of the United States to enforce such subpoena.
An action under this paragraph may be brought in the judicial
district in which the entity against which the action is
brought resides, is found, or does business. The court may
punish a failure to obey an order of the court to comply with
the subpoena as a contempt of court.
``(C) Non-applicability of protections.--The protections
described in subsection (f) do not apply to a covered entity
that is the recipient of a subpoena under this paragraph (3).
``(4) Additional actions.--
``(A) Examination.--If, based on the information provided
in response to a subpoena issued pursuant to paragraph (3),
the Director determines that the cybersecurity incident at
issue is a significant cyber incident, or is part of a group
of related cybersecurity incidents that together satisfy the
definition of a significant cyber incident, and a more
thorough examination of the details surrounding such incident
is warranted in order to carry out activities described in
subsection (c), the Director may direct the Office to conduct
an examination of such incident in order to enhance the
Agency's situational awareness of cybersecurity threats
across critical infrastructure sectors, in a manner
consistent with privacy and civil liberties protections under
applicable law.
``(B) Provision of certain information to attorney
general.--Notwithstanding subsection (e)(4) and paragraph
(2)(B), if the Director determines, based on the information
provided in response to a subpoena issued pursuant to
paragraph (3) or identified in the course of an examination
under subparagraph (A), that the facts relating to the
cybersecurity incident at issue may constitute grounds for a
regulatory enforcement action or criminal prosecution, the
Director may provide such information to the Attorney General
or the appropriate regulator, who may use such information
for a regulatory enforcement action or criminal prosecution.
``(h) Voluntary Reporting of Cyber Incidents.--The Agency
shall receive cybersecurity incident reports submitted
voluntarily by entities that are not covered entities, or
concerning cybersecurity incidents that do not satisfy the
definition of covered cybersecurity incidents but may
nevertheless enhance the Agency's situational awareness of
cybersecurity threats across critical infrastructure sectors.
The protections under this section applicable to covered
cybersecurity incident reports shall apply in the same manner
and to the same extent to voluntarily-submitted cybersecurity
incident reports under this subsection.
``(i) Notification to Impacted Covered Entities.--If the
Director receives information regarding a cybersecurity
incident impacting a Federal agency relating to unauthorized
access to data provided to such Federal agency by a covered
entity, and with respect to which such incident is likely to
undermine the security of such covered entity or cause
operational or reputational damage to such covered entity,
the Director shall, to the extent practicable, notify such
covered entity and provide to such covered entity such
information regarding such incident as is necessary to enable
such covered entity to address any such security risk or
operational or reputational damage arising from such
incident.
``(j) Exemption.--Subchapter I of chapter 35 of title 44,
United States Code, does not apply to any action to carry out
this section.
``(k) Saving Provision.--Nothing in this section may be
construed as modifying, superseding, or otherwise affecting
in any manner any regulatory authority held by a Federal
department or agency, including Sector Risk Management
Agencies, existing on the day before the date of the
enactment of this section, or any existing regulatory
requirements or obligations that apply to covered
entities.''.
(b) Reports.--
(1) On stakeholder engagement.--Not later than 30 days
before the date on which that the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security intends to issue an interim
final rule under subsection (d)(1) of section 2220A of the
Homeland Security Act of 2002 (as added by subsection (a)),
the Director shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that describes how the Director engaged stakeholders
in the development of such interim final rules.
(2) On opportunities to strengthen cybersecurity
research.--Not later than one year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
describing how the Cyber Incident Review Office of the
Department of Homeland Security (established pursuant to
section 2220A of the Homeland Security Act of 2002, as added
by
[[Page H4912]]
subsection (a)) has carried out activities under subsection
(c)(6) of such section 2220A by proactively identifying
opportunities to use cybersecurity incident data to inform
and enable cybersecurity research carried out by academic
institutions and other private sector organizations.
(c) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(i) in section 2202 (6 U.S.C. 652)--
(I) in paragraph (11), by striking ``and'' after the
semicolon;
(II) in the first paragraph (12) (relating to appointment
of a Cybersecurity State Coordinator) by striking ``as
described in section 2215; and'' and inserting ``as described
in section 2217;'';
(III) by redesignating the second paragraph (12) (relating
to the .gov internet domain) as paragraph (13); and
(IV) by redesignating the third paragraph (12) (relating to
carrying out such other duties and responsibilities) as
paragraph (14);
(ii) in the first section 2215 (6 U.S.C. 665; relating to
the duties and authorities relating to .gov internet domain),
by amending the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(iii) in the second section 2215 (6 U.S.C. 665b; relating
to the joint cyber planning office), by amending the section
enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iv) in the third section 2215 (6 U.S.C. 665c; relating to
the Cybersecurity State Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(v) in the fourth section 2215 (6 U.S.C. 665d; relating to
Sector Risk Management Agencies), by amending the section
enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(vi) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vii) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING
PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. Cyber Incident Review Office.''.
amendment no. 109 offered by mr. cleaver of missouri
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. AML EXAMINATION AUTHORITY DELEGATION STUDY.
(a) Study.--The Secretary of the Treasury shall carry out a
study, in consultation with State bank supervisors (as
defined under section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813)), and other relevant stakeholders, on the
Secretary's delegation of examination authority under the
Bank Secrecy Act, including--
(1) an evaluation of the efficacy of the delegation,
especially with respect to the mission of the Bank Secrecy
Act;
(2) whether the delegated agencies have appropriate
resources to perform their delegated responsibilities; and
(3) whether the examiners in delegated agencies have
sufficient training and support to perform their
responsibilities.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) recommendations to improve the efficacy of delegation
authority, including the potential for de-delegation of any
or all such authority where it may be appropriate.
(c) Bank Secrecy Act Defined.--The term ``Bank Secrecy
Act'' has the meaning given that term under section 5312 of
title 31, United States Code.
amendment no. 110 offered by mr. cohen of tennessee
Add at the end of subtitle C of title XIII of division A
the following:
SEC. ___. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND
PREVENTION.
(a) Findings.--Congress makes the following findings:
(1) The International Criminal Police Organization
(INTERPOL) works to prevent and fight crime through enhanced
cooperation and innovation on police and security matters,
including kleptocracy, counterterrorism, cybercrime,
counternarcotics, and transnational organized crime.
(2) United States membership and participation in INTERPOL
advances the national security and law enforcement interests
of the United States related to combating kleptocracy,
terrorism, cybercrime, narcotics, and transnational organized
crime.
(3) Article 2 of INTERPOL's Constitution states that the
organization aims ``[to] ensure and promote the widest
possible mutual assistance between all criminal police
authorities . . . in the spirit of the `Universal Declaration
of Human Rights' ''.
(4) Article 3 of INTERPOL's Constitution states that ``[i]t
is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military,
religious or racial character''.
(5) These principles provide INTERPOL with a foundation
based on respect for human rights and avoidance of
politically motivated actions by the organization and its
members.
(6) According to the Justice Manual of the United States
Department of Justice, ``[i]n the United States, national law
prohibits the arrest of the subject of a Red Notice issued by
another INTERPOL member country, based upon the notice
alone''.
(b) Sense of Congress.--It is the sense of Congress that
some INTERPOL member countries have repeatedly misused
INTERPOL's databases and processes, including Notice and
Diffusion mechanisms, for activities of an overtly political
or other unlawful character and in violation of international
human rights standards, including making requests to harass
or persecute political opponents, human rights defenders, or
journalists.
(c) Support for Interpol Institutional Reforms.--The
Attorney General and the Secretary of State shall--
(1) use the voice, vote, and influence of the United
States, as appropriate, within INTERPOL's General Assembly
and Executive Committee to promote reforms aimed at improving
the transparency of INTERPOL and ensuring its operation
consistent with its Constitution, particularly articles 2 and
3, and Rules on the Processing of Data, including--
(A) supporting INTERPOL's reforms enhancing the screening
process for Notices, Diffusions, and other INTERPOL
communications to ensure they comply with INTERPOL's
Constitution and Rules on the Processing of Data (RPD);
(B) supporting and strengthening INTERPOL's coordination
with the Commission for Control of INTERPOL's Files (CCF) in
cases in which INTERPOL or the CCF has determined that a
member country issued a Notice, Diffusion, or other INTERPOL
communication against an individual in violation of articles
2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit
such member country from seeking the publication or issuance
of any subsequent Notices, Diffusions, or other INTERPOL
communication against the same individual based on the same
set of claims or facts;
(C) increasing, to the extent practicable, dedicated
funding to the CCF and the Notices and Diffusions Task Force
in order to further expand operations related to the review
of requests for red notices and red diffusions;
(D) supporting candidates for positions within INTERPOL's
structures, including the Presidency, Executive Committee,
General Secretariat, and CCF who have demonstrated experience
relating to and respect for the rule of law;
(E) seeking to require INTERPOL in its annual report to
provide a detailed account, disaggregated by member country
or entity of--
(i) the number of Notice requests, disaggregated by color,
that it received;
(ii) the number of Notice requests, disaggregated by color,
that it rejected;
(iii) the category of violation identified in each instance
of a rejected Notice;
(iv) the number of Diffusions that it cancelled without
reference to decisions by the CCF; and
(v) the sources of all INTERPOL income during the reporting
period; and
(F) supporting greater transparency by the CCF in its
annual report by providing a detailed account, disaggregated
by country, of--
(i) the number of admissible requests for correction or
deletion of data received by the CCF regarding issued
Notices, Diffusions, and other INTERPOL communications; and
(ii) the category of violation alleged in each such
complaint;
(2) inform the INTERPOL General Secretariat about incidents
in which member countries abuse INTERPOL communications for
politically motivated or other unlawful purposes so that, as
appropriate, action can be taken by INTERPOL; and
(3) request to censure member countries that repeatedly
abuse and misuse INTERPOL's red notice and red diffusion
mechanisms, including restricting the access
[[Page H4913]]
of those countries to INTERPOL's data and information
systems.
(d) Report on Interpol.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and biannually thereafter for a period
of 4 years, the Attorney General and the Secretary of State,
in consultation with the heads of other relevant United
States Government departments or agencies, shall submit to
the appropriate committees of Congress a report containing an
assessment of how INTERPOL member countries abuse INTERPOL
Red Notices, Diffusions, and other INTERPOL communications
for political motives and other unlawful purposes within the
past three years.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A list of countries that the Attorney General and the
Secretary determine have repeatedly abused and misused the
red notice and red diffusion mechanisms for political
purposes.
(B) A description of the most common tactics employed by
member countries in conducting such abuse, including the
crimes most commonly alleged and the INTERPOL communications
most commonly exploited.
(C) An assessment of the adequacy of INTERPOL mechanisms
for challenging abusive requests, including the Commission
for the Control of INTERPOL's Files (CCF), an assessment of
the CCF's March 2017 Operating Rules, and any shortcoming the
United States believes should be addressed.
(D) A description of how INTERPOL's General Secretariat
identifies requests for red notice or red diffusions that are
politically motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and addresses cases
in which a member country has abused or misused the red
notice and red diffusion mechanisms for overtly political
purposes.
(E) A description of any incidents in which the Department
of Justice assesses that United States courts and executive
departments or agencies have relied on INTERPOL
communications in contravention of existing law or policy to
seek the detention of individuals or render judgments
concerning their immigration status or requests for asylum,
with holding of removal, or convention against torture claims
and any measures the Department of Justice or other executive
departments or agencies took in response to these incidents.
(F) A description of how the United States monitors and
responds to likely instances of abuse of INTERPOL
communications by member countries that could affect the
interests of the United States, including citizens and
nationals of the United States, employees of the United
States Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
present in the United States, or aliens with pending asylum,
withholding of removal, or convention against torture claims,
though they may be unlawfully present in the United States.
(G) A description of what actions the United States takes
in response to credible information it receives concerning
likely abuse of INTERPOL communications targeting employees
of the United States Government for activities they undertook
in an official capacity.
(H) A description of United States advocacy for reform and
good governance within INTERPOL.
(I) A strategy for improving interagency coordination to
identify and address instances of INTERPOL abuse that affect
the interests of the United States, including international
respect for human rights and fundamental freedoms, citizens
and nationals of the United States, employees of the United
States Government, aliens lawfully admitted for permanent
residence in the United States, aliens who are lawfully
present in the United States, or aliens with pending asylum,
withholding of removal, or convention against torture claims,
though they may be unlawfully present in the United States.
(3) Form of report.--Each report required under this
subsection shall be submitted in unclassified form, but may
include a classified annex, as appropriate. The unclassified
portion of the report shall be posted on a publicly available
website of the Department of State and of the Department of
Justice.
(4) Briefing.--Not later than 30 days after the submission
of each report under paragraph (1), the Department of Justice
and the Department of State, in coordination with other
relevant United States Government departments and agencies,
shall brief the appropriate committees of Congress on the
content of the reports and recent instances of INTERPOL abuse
by member countries and United States efforts to identify and
challenge such abuse, including efforts to promote reform and
good governance within INTERPOL.
(e) Prohibition Regarding Basis for Extradition.--No United
States Government department or agency may extradite an
individual based solely on an INTERPOL Red Notice or
Diffusion issued by another INTERPOL member country for such
individual.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(2) Interpol communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion or
any entry into any INTERPOL database or other communications
system maintained by INTERPOL.
(g) Interpol Red Notices.--Chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
``SEC. 5337 INTERPOL RED NOTICES.
``(b) Termination.--A financial institution may not
terminate any service such financial institution offers to a
person with respect to whom the International Criminal Police
Organization has issued a Red Notice solely on the basis of
the issuance of such Red Notice.
``(c) Exclusion.--A financial institution may not exclude
from any service offered by such financial institution a
person with respect to whom the International Criminal Police
Organization issued a Red Notice solely on the basis of the
issuance of such Red Notice.''.
SEC. ___. COMBATING GLOBAL CORRUPTION.
(a) Definitions.--In this section:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain,
including by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
(b) Publication of Tiered Ranking List.--
(1) In general.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking
of all foreign countries.
(2) Tier 1 countries.--A country shall be ranked as a tier
1 country in the ranking published under paragraph (1) if the
government of such country is complying with the minimum
standards set forth in section 4.
(3) Tier 2 countries.--A country shall be ranked as a tier
2 country in the ranking published under paragraph (1) if the
government of such country is making efforts to comply with
the minimum standards set forth in section 4, but is not
achieving the requisite level of compliance to be ranked as a
tier 1 country.
(4) Tier 3 countries.--A country shall be ranked as a tier
3 country in the ranking published under paragraph (1) if the
government of such country is making de minimis or no efforts
to comply with the minimum standards set forth in subsection
(c).
(c) Minimum Standards for the Elimination of Corruption and
Assessment of Efforts to Combat Corruption.--
(1) In general.--The government of a country is complying
with the minimum standards for the elimination of corruption
if the government--
(A) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(B) enforces the laws described in subparagraph (A) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(C) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(D) is making serious and sustained efforts to address
corruption, including through prevention.
(2) Factors for assessing government efforts to combat
corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(A) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption,
and convicts and sentences persons responsible for such acts
over which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(B) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in
foreign military assignments, trade delegations abroad, or
other similar missions, who engage in or facilitate
significant corruption;
(C) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform
and educate the public, including potential victims, about
the causes and consequences of corruption;
(D) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or
[[Page H4914]]
condoning corruption, including the investigation,
prosecution, and conviction of such officials;
(E) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and
monitoring;
(F) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(G) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat
significant corruption, including, as appropriate,
cooperating with the governments of other countries to
extradite corrupt actors;
(H) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being
further victimized or persecuted by corrupt actors,
government officials, or others;
(I) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(J) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(K) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(L) whether the government of the country is facilitating
corruption in other countries in connection with state-
directed investment, loans or grants for major
infrastructure, or other initiatives; and
(M) such other information relating to corruption as the
Secretary of State considers appropriate.
(3) Assessing government efforts to combat corruption in
relation to relevant international commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of
State shall consider the government of a country's compliance
with the following, as relevant:
(A) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(B) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done
at Paris December 21, 1997 (commonly referred to as the
``Anti-Bribery Convention'').
(C) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(D) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(E) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
(d) Imposition of Sanctions Under Global Magnitsky Human
Rights Accountability Act.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of the Treasury, should evaluate whether
there are foreign persons engaged in significant corruption
for the purposes of potential imposition of sanctions under
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note)--
(A) in all countries identified as tier 3 countries under
subsection (b); or
(B) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(2) Report required.--Not later than 180 days after
publishing the list required by subsection (b)(1) and
annually thereafter, the Secretary of State shall submit to
the committees specified in paragraph (6) a report that
includes--
(A) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
paragraph (1);
(B) the dates on which such sanctions were imposed;
(C) the reasons for imposing such sanctions; and
(D) a list of all foreign persons found to have been
engaged in significant corruption in relation to the
planning, construction, or operation of the Nord Stream 2
pipeline.
(3) Form of report.--Each report required by paragraph (2)
shall be submitted in unclassified form but may include a
classified annex.
(4) Briefing in lieu of report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except
with respect to the list required by paragraph (2)(D))
provide a briefing to the committees specified in paragraph
(6) instead of submitting a written report required under
paragraph (2), if doing so would better serve existing United
States anti-corruption efforts or the national interests of
the United States.
(5) Termination of requirements relating to nord stream
2.--The requirements under paragraphs (1)(B) and (2)(D) shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(6) Committees specified.--The committees specified in this
subsection are--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate;
and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
(e) Designation of Embassy Anti-corruption Points of
Contact.--
(1) In general.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under section 3, or which the Secretary otherwise
determines is in need of such a point of contact. The point
of contact shall be the chief of mission or the chief of
mission's designee.
(2) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(A) promote good governance in foreign countries; and
(B) enhance the ability of such countries--
(i) to combat public corruption; and
(ii) to develop and implement corruption risk assessment
tools and mitigation strategies.
(3) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under paragraph (1).
amendment no. 111 offered by mr. cohen of tennessee
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. REQUIREMENT TO ATTEMPT RECOVERY OF AIRCRAFT.
The Secretary of Defense shall use amounts appropriated
pursuant to the authorization under section 1212 to attempt
to recover any aircraft that were provided by the United
States to the Afghan security forces that have been relocated
to other countries, including the 46 aircraft flown to
Uzbekistan, during the collapse of the Afghan government.
amendment no. 112 offered by mr. comer of kentucky
Add at the end of subtitle B of title XII the following:
SEC. 1214. ADDITIONAL REPORTS REQUIRED OF THE OFFICE OF THE
SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN
RECONSTRUCTION.
The Office of the Special Inspector General for Afghanistan
Reconstruction shall conduct investigations, submit progress
reports on such investigations to the appropriate
congressional committees through the quarterly reports
required to be submitted to such committees under law, and
submit to such committees a final report containing summary
of all such investigations with respect to the withdrawal of
United States and allied forces from Afghanistan, which
shall, at a minimum, include the following:
(1) The types of military equipment provided by the United
States to the Afghanistan military or security forces that
was left in Afghanistan after withdrawal of United States
forces, including equipment provided to the Afghan Air Force,
whether the Taliban have control over such equipment, and
whether it is being moved or sold to any third parties.
(2) Whether Afghan government officials fled Afghanistan
with United States taxpayer dollars.
(3) Whether funds made available from the Afghan Security
Force Fund were stolen by Afghan government officials or were
diverted from their originally intended purposes.
(4) Whether equipment provided to Afghanistan military or
security forces was used to assist Afghan government
officials to flee Afghanistan.
amendment no. 113 offered by mr. connolly of virginia
At the appropriate place in title LX of division E, insert
the following:
SEC. __. PROTECTION OF SAUDI DISSIDENTS ACT OF 2021.
(a) Restrictions on Transfers of Defense Articles and
Services, Design and Construction Services, and Major Defense
Equipment to Saudi Arabia.--
(1) Initial period.--During the 120-day period beginning on
the date of the enactment of this Act, the President may not
sell, authorize a license for the export of, or otherwise
transfer any defense articles or defense services, design and
construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to an
intelligence, internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality.
(2) Subsequent periods.--
(A) In general.--During the 120-day period beginning after
the end of the 120-day period described in paragraph (1), and
each 120-day period thereafter, the President may not sell,
authorize a license for the export of, or otherwise transfer
any defense articles or services, design and construction
services, or
[[Page H4915]]
major defense equipment under the Arms Export Control Act (22
U.S.C. 2751 et seq.), regardless of the amount of such
articles, services, or equipment, to an intelligence,
internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality, unless the President has submitted to the
chairman and ranking member of the appropriate congressional
committees a certification described in subparagraph (B).
(B) Certification.--A certification described in this
subparagraph is a certification that contains a determination
of the President that, during the 120-day period preceding
the date of submission of the certification, the United
States Government has not determined that the Government of
Saudi Arabia has conducted any of the following activities:
(i) Forced repatriation, intimidation, or killing of
dissidents in other countries.
(ii) The unjust imprisonment in Saudi Arabia of United
States citizens or aliens lawfully admitted for permanent
residence or the prohibition on these individuals and their
family members from exiting Saudi Arabia.
(iii) Torture of detainees in the custody of the Government
of Saudi Arabia.
(3) Exception.--The restrictions in this section shall not
apply with respect to the sale, authorization of a license
for export, or transfer of any defense articles or services,
design and construction services, or major defense equipment
under the Arms Export Control Act (22 U.S.C. 2751 et seq.)
for use in--
(A) the defense of the territory of Saudi Arabia from
external threats; or
(B) the defense of United States military or diplomatic
personnel or United States facilities located in Saudi
Arabia.
(4) Waiver.--
(A) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days
before the granting of such waiver that contains--
(i) a determination of the President that such a waiver is
in the vital national security interests of the United
States; and
(ii) a detailed justification for the use of such waiver
and the reasons why the restrictions in this section cannot
be met.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may contain a classified
annex.
(5) Sunset.--This subsection shall terminate on the date
that is 3 years after the date of the enactment of this Act.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Armed
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed
Services of the Senate.
(b) Report on Consistent Pattern of Acts of Intimidation or
Harassment Directed Against Individuals in the United
States.--
(1) Findings.--Congress finds the following:
(A) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) states that ``no transfers or letters of offer may be
issued, no credits or guarantees may be extended, and no
export licenses may be issued under this Act with respect to
any country determined by the President to be engaged in a
consistent pattern of acts of intimidation or harassment
directed against individuals in the United States''.
(B) Section 6 of the Arms Export Control Act further
requires the President to report any such determination
promptly to the Speaker of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of
the Senate.
(2) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report on--
(A) whether any official of the Government of Saudi Arabia
engaged in a consistent pattern of acts of intimidation or
harassment directed against Jamal Khashoggi or any individual
in the United States; and
(B) whether any United States-origin defense articles were
used in the activities described in subparagraph (A).
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(c) Report and Certification With Respect to Saudi
Diplomats and Diplomatic Facilities in the United States.--
(1) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report covering the
three-year period preceding such date of enactment regarding
whether and to what extent covered persons used diplomatic
credentials, visas, or covered facilities to facilitate
monitoring, tracking, surveillance, or harassment of, or harm
to, other nationals of Saudi Arabia living in the United
States.
(2) Certification.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and each 120-day period
thereafter, the President shall, if the President determines
that such is the case, submit to the appropriate
congressional committees a certification that the United
States Government has not determined covered persons to be
using diplomatic credentials, visas, or covered facilities to
facilitate serious harassment of, or harm to, other nationals
of Saudi Arabia living in the United States during the time
period covered by each such certification.
(B) Failure to submit certification.--If the President does
not submit a certification under subparagraph (A), the
President shall--
(i) close one or more covered facilities for such period of
time until the President does submit such a certification;
and
(ii) submit to the appropriate congressional committee a
report that contains--
(I) a detailed explanation of why the President is unable
to make such a certification;
(II) a list and summary of engagements of the United States
Government with the Government of Saudi Arabia regarding the
use of diplomatic credentials, visas, or covered facilities
described in subparagraph (A); and
(III) a description of actions the United States Government
has taken or intends to take in response to the use of
diplomatic credentials, visas, or covered facilities
described in subparagraph (A).
(3) Form.--The report required by paragraph (1) and the
certification and report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Waiver.--
(A) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days
before the granting of such waiver that contains--
(i) a determination of the President that such a waiver is
in the vital national security interests of the United
States; and
(ii) a detailed justification for the use of such waiver
and the reasons why the restrictions in this section cannot
be met.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may contain a classified
annex.
(5) Sunset.--This subsection shall terminate on the date
that is 3 years after the date of the enactment of this Act.
(6) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(ii) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(B) Covered facility.--The term ``covered facility'' means
a diplomatic or consular facility of Saudi Arabia in the
United States.
(C) Covered person.--The term ``covered person'' means a
national of Saudi Arabia credentialed to a covered facility.
(d) Report on the Duty to Warn Obligation of the Government
of the United States.--
(1) Findings.--Congress finds that Intelligence Community
Directive 191 provides that--
(A) when an element of the intelligence community of the
United States collects or acquires credible and specific
information indicating an impending threat of intentional
killing, serious bodily injury, or kidnapping directed at a
person, the agency must ``warn the intended victim or those
responsible for protecting the intended victim, as
appropriate'' unless an applicable waiver of the duty is
granted by the appropriate official within the element; and
(B) when issues arise with respect to whether the threat
information rises to the threshold of ``duty to warn'', the
directive calls for resolution in favor of warning the
intended victim.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the heads of other relevant United
States intelligence agencies, shall submit to the appropriate
congressional committees a report with respect to--
(A) whether and how the intelligence community fulfilled
its duty to warn Jamal Khashoggi of threats to his life and
liberty pursuant to Intelligence Community Directive 191; and
(B) in the case of the intelligence community not
fulfilling its duty to warn as described in paragraph (1),
why the intelligence community did not fulfill this duty.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(ii) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
[[Page H4916]]
(B) Duty to warn.--The term ``duty to warn'' has the
meaning given that term in Intelligence Community Directive
191, as in effect on July 21, 2015.
(C) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(D) Relevant united states intelligence agency.--The term
``relevant United States intelligence agency'' means any
element of the intelligence community that may have possessed
intelligence reporting regarding threats to Jamal Khashoggi.
amendment No. 114 offered by Mr. Connolly of virginia
At the appropriate place in title LX of division E, insert
the following:
SEC. __. GLOBAL HEALTH SECURITY ACT OF 2021.
(a) Global Health Security Agenda Interagency Review
Council.--
(1) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (in this
section referred to as the ``Council'') to perform the
general responsibilities described in paragraph (3) and the
specific roles and responsibilities described in paragraph
(5).
(2) Meetings.--The Council shall meet not less than four
times per year to advance its mission and fulfill its
responsibilities.
(3) General responsibilities.--The Council shall be
responsible for the following activities:
(A) Provide policy-level recommendations to participating
agencies on Global Health Security Agenda (GHSA) goals,
objectives, and implementation, and other international
efforts to strengthen pandemic preparedness and response.
(B) Facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation.
(C) Provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA, and other
international efforts to strengthen pandemic preparedness and
response.
(D)(i) Review the progress toward and work to resolve
challenges in achieving United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets.
(ii) The Council shall consider, among other issues, the
following:
(I) The status of United States financial commitments to
the GHSA in the context of commitments by other donors, and
the contributions of partner countries to achieve the GHSA
targets.
(II) The progress toward the milestones outlined in GHSA
national plans for those countries where the United States
Government has committed to assist in implementing the GHSA
and in annual work-plans outlining agency priorities for
implementing the GHSA.
(III) The external evaluations of United States and partner
country capabilities to address infectious disease threats,
including the ability to achieve the targets outlined within
the WHO Joint External Evaluation tool, as well as gaps
identified by such external evaluations.
(4) Participation.--The Council shall be headed by the
Assistant to the President for National Security Affairs, in
coordination with the heads of relevant Federal agencies. The
Council shall consist of representatives from the following
agencies:
(A) The Department of State.
(B) The Department of Defense.
(C) The Department of Justice.
(D) The Department of Agriculture.
(E) The Department of Health and Human Services.
(F) The Department of the Treasury.
(G) The Department of Labor.
(H) The Department of Homeland Security.
(I) The Office of Management and Budget.
(J) The Office of the Director of National Intelligence.
(K) The United States Agency for International Development.
(L) The Environmental Protection Agency.
(M) The Centers for Disease Control and Prevention.
(N) The Office of Science and Technology Policy.
(O) The National Institutes of Health.
(P) The National Institute of Allergy and Infectious
Diseases.
(Q) Such other agencies as the Council determines to be
appropriate.
(5) Specific roles and responsibilities.--
(A) In general.--The heads of agencies described in
paragraph (4) shall--
(i) make the GHSA and its implementation and global
pandemic preparedness a high priority within their respective
agencies, and include GHSA- and global pandemic preparedness-
related activities within their respective agencies'
strategic planning and budget processes;
(ii) designate a senior-level official to be responsible
for the implementation of this Act;
(iii) designate, in accordance with paragraph (4), an
appropriate representative at the Assistant Secretary level
or higher to participate on the Council;
(iv) keep the Council apprised of GHSA-related activities
undertaken within their respective agencies;
(v) maintain responsibility for agency-related programmatic
functions in coordination with host governments, country
teams, and GHSA in-country teams, and in conjunction with
other relevant agencies;
(vi) coordinate with other agencies that are identified in
this section to satisfy programmatic goals, and further
facilitate coordination of country teams, implementers, and
donors in host countries; and
(vii) coordinate across national health security action
plans and with GHSA and other partners, as appropriate, to
which the United States is providing assistance.
(B) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in subparagraph (A),
the heads of agencies described in paragraph (4) shall carry
out their respective roles and responsibilities described in
subsections (b) through (i) of section 3 of Executive Order
13747 (81 Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and Secure
from Infectious Disease Threats), as in effect on the day
before the date of the enactment of this Act.
(b) United States Coordinator for Global Health Security.--
(1) In general.--The President shall appoint an individual
to the position of United States Coordinator for Global
Health Security, who shall be responsible for the
coordination of the interagency process for responding to
global health security emergencies. As appropriate, the
designee shall coordinate with the President's Special
Coordinator for International Disaster Assistance.
(2) Congressional briefing.--Not less frequently than twice
each year, the employee designated under this section shall
provide to the appropriate congressional committees a
briefing on the responsibilities and activities of the
individual under this section.
(c) Strategy and Reports.--
(1) Statement of policy.--It is the policy of the United
States to--
(A) promote and invest in global health security and
pandemic preparedness as a core national security interest;
(B) advance the aims of the Global Health Security Agenda;
(C) collaborate with other countries to detect and mitigate
outbreaks early to prevent the spread of disease;
(D) encourage and support other countries to advance
pandemic preparedness by investing in basic resilient and
sustainable health care systems; and
(E) strengthen global health security across the
intersection of human and animal health to prepare for and
prevent infectious disease outbreaks and combat the growing
threat of antimicrobial resistance.
(2) Strategy.--The President shall coordinate the
development and implementation of a strategy to implement the
policy aims described in paragraph (1), which shall--
(A) seek to strengthen United States diplomatic leadership
and improve the effectiveness of United States foreign
assistance for global health security to prevent, detect, and
respond to infectious disease threats, including through
advancement of the Global Health Security Agenda (GHSA), the
International Health Regulations (2005), and other relevant
frameworks that contribute to global health security and
pandemic preparedness;
(B) establish specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans for United States foreign assistance for
global health security that promote learning and reflect
international best practices relating to global health
security, transparency, and accountability;
(C) establish mechanisms to improve coordination and avoid
duplication of effort between the United States Government
and partner countries, donor countries, the private sector,
multilateral organizations, and other key stakeholders;
(D) prioritize working with partner countries with
demonstrated--
(i) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, GHSA Action Packages, and other
complementary or successor indicators of global health
security and pandemic preparedness; and
(ii) commitment to transparency, including budget and
global health data transparency, complying with the
International Health Regulations (2005), investing in
domestic health systems, and achieving measurable results;
(E) reduce long-term reliance upon United States foreign
assistance for global health security by promoting partner
country ownership, improved domestic resource mobilization,
co-financing, and appropriate national budget allocations for
global health security and pandemic preparedness and
response;
(F) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate effective national
action plans for health security, including mechanisms to
enhance budget and global health data transparency, as
necessary and appropriate;
(G) support and be aligned with country-owned global health
security policy and investment plans developed with input
from key stakeholders, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a multi-
sectoral approach to global health security;
[[Page H4917]]
(I) support the long-term success of programs by building
the capacity of local organizations and institutions in
target countries and communities;
(J) develop community resilience to infectious disease
threats and emergencies;
(K) support global health budget and workforce planning in
partner countries, including training in financial management
and budget and global health data transparency;
(L) align United States foreign assistance for global
health security with national action plans for health
security in partner countries, developed with input from key
stakeholders, including the private sector, to the greatest
extent practicable and appropriate;
(M) strengthen linkages between complementary bilateral and
multilateral foreign assistance programs, including efforts
of the World Bank, the World Health Organization, the Global
Fund to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the
Vaccine Alliance, that contribute to the development of more
resilient health systems and supply chains in partner
countries with the capacity, resources, and personnel
required to prevent, detect, and respond to infectious
disease threats;
(N) support innovation and public-private partnerships to
improve pandemic preparedness and response, including for the
development and deployment of effective, accessible, and
affordable infectious disease tracking tools, diagnostics,
therapeutics, and vaccines;
(O) support collaboration with and among relevant public
and private research entities engaged in global health
security; and
(P) support collaboration between United States
universities and public and private institutions in partner
countries that promote global health security and innovation.
(3) Strategy submission.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation
with the head of each relevant Federal department and agency,
shall submit to the appropriate congressional committees the
strategy required under paragraph (2) that provides a
detailed description of how the United States intends to
advance the policy set forth in paragraph (1) and the agency-
specific plans described in subparagraph (B).
(B) Agency-specific plans.--The strategy required under
subsection (a) shall include specific implementation plans
from each relevant Federal department and agency that
describe--
(i) the anticipated contributions of the department or
agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(ii) the efforts of the department or agency to ensure that
the activities and programs carried out pursuant to the
strategy are designed to achieve maximum impact and long-term
sustainability.
(4) Report.--
(A) In general.--Not later than 1 year after the date on
which the strategy required under paragraph (2) is submitted
to the appropriate congressional committees under paragraph
(3), and not later than October 1 of each year thereafter,
the President shall submit to the appropriate congressional
committees a report that describes the status of the
implementation of the strategy.
(B) Contents.--The report required under subparagraph (A)
shall--
(i) identify any substantial changes made in the strategy
during the preceding calendar year;
(ii) describe the progress made in implementing the
strategy;
(iii) identify the indicators used to establish benchmarks
and measure results over time, as well as the mechanisms for
reporting such results in an open and transparent manner;
(iv) contain a transparent, open, and detailed accounting
of expenditures by relevant Federal departments and agencies
to implement the strategy, including, to the extent
practicable, for each Federal department and agency, the
statutory source of expenditures, amounts expended, partners,
targeted populations, and types of activities supported;
(v) describe how the strategy leverages other United States
global health and development assistance programs and
bilateral and multilateral institutions;
(vi) assess efforts to coordinate United States global
health security programs, activities, and initiatives with
key stakeholders;
(vii) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and sharing
lessons learned with a wide range of stakeholders, including
key stakeholders, in an open, transparent manner; and
(viii) describe the progress achieved and challenges
concerning the United States Government's ability to advance
GHSA and pandemic preparedness, including data disaggregated
by priority country using indicators that are consistent on a
year-to-year basis and recommendations to resolve, mitigate,
or otherwise address the challenges identified therein.
(5) Form.--The strategy required under paragraph (2) and
the report required under paragraph (4) shall be submitted in
unclassified form but may contain a classified annex.
(d) Establishment of Fund for Global Health Security and
Pandemic Preparedness.--
(1) Negotiations for establishment of a fund for global
health security and pandemic preparedness.--The Secretary of
State, in coordination with the Secretary of the Treasury,
the Administrator of the United States Agency for
International Development, the Secretary of Health and Human
Services, and the heads of other relevant Federal departments
and agencies as necessary and appropriate, should seek to
enter into negotiations with donors, relevant United Nations
agencies, including the World Health Organization, and other
key multilateral stakeholders, for the establishment of--
(A) a multilateral, catalytic financing mechanism for
global health security and pandemic preparedness, which may
be known as the Fund for Global Health Security and Pandemic
Preparedness (in this title referred to as ``the Fund''), in
accordance with the provisions of this section; and
(B) an Advisory Board to the Fund in accordance with
subsection (g).
(2) Purpose.--The purpose of the Fund should be to close
critical gaps in global health security and pandemic
preparedness and build capacity in eligible partner countries
in the areas of global health security, infectious disease
control, and pandemic preparedness, such that it--
(A) prioritizes capacity building and financing
availability in eligible partner countries;
(B) incentivizes countries to prioritize the use of
domestic resources for global health security and pandemic
preparedness;
(C) leverages government, nongovernment, and private sector
investments;
(D) regularly responds to and evaluates progress based on
clear metrics and benchmarks, such as the Joint External
Evaluation and Global Health Security Index;
(E) aligns with and complements ongoing bilateral and
multilateral efforts and financing, including through the
World Bank, the World Health Organization, the Global Fund to
Fight AIDS, Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance; and
(F) accelerates country compliance with the International
Health Regulations (2005) and fulfillment of the Global
Health Security Agenda 2024 Framework, in coordination with
the ongoing Joint External Evaluation national action
planning process.
(3) Executive board.--
(A) In general.--The Fund should be governed by an
Executive Board, which should be composed of not more than 20
representatives of donor governments, foundations, academic
institutions, civil society, and the private sector that meet
a minimum threshold in annual contributions and agree to
uphold transparency measures.
(B) Duties.--The Executive Board should be charged with
approving strategies, operations, and grant-making
authorities, such that it is able to conduct effective
fiduciary, monitoring, and evaluation efforts, and other
oversight functions. In addition, the Executive Board
should--
(i) be comprised only of contributors to the Fund at not
less than the minimum threshold to be established pursuant to
subparagraph (A);
(ii) determine operational procedures such that the Fund is
able to effectively fulfill its mission; and
(iii) provide oversight and accountability for the Fund in
collaboration with the Inspector General to be established
pursuant to subsection (f)(5)(A).
(C) Composition.--The Executive Board should include--
(i) representatives of the governments of founding
permanent member countries who, in addition to the
requirements in subparagraph (A), qualify based upon meeting
an established initial contribution threshold, which should
be not less than 10 percent of total initial contributions,
and a demonstrated commitment to supporting the International
Health Regulations (2005);
(ii) term members, who are from academic institutions,
civil society, and the private sector and are selected by the
permanent members on the basis of their experience and
commitment to innovation, best practices, and the advancement
of global health security objectives; and
(iii) representatives of the World Health Organization, and
the chair of the Global Health Security Steering Group.
(D) Qualifications.--Individuals appointed to the Executive
Board should have demonstrated knowledge and experience
across a variety of sectors, including human and animal
health, agriculture, development, defense, finance, research,
and academia.
(E) Conflicts of interest.--
(i) Technical experts.--The Executive Board may include
independent technical experts, provided they are not
affiliated with or employed by a recipient country or
organization.
(ii) Multilateral bodies and institutions.--Executive Board
members appointed under subparagraph (C)(iii) should recuse
themselves from matters presenting conflicts of interest,
including financing decisions relating to such bodies and
institutions.
(F) United states representation.--
(i) In general.--
(I) Founding permanent member.--The Secretary of State
shall seek to establish the United States as a founding
permanent member of the Fund.
(II) United states representation.--The United States shall
be represented on the Executive Board by an officer or
employee of the United States appointed by the President.
(ii) Effective and termination dates.--
[[Page H4918]]
(I) Effective date.--This paragraph shall take effect upon
the date the Secretary of State certifies and transmits to
Congress an agreement establishing the Fund.
(II) Termination date.--The membership established pursuant
to clause (i) shall terminate upon the date of termination of
the Fund.
(G) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive Board
who engage in a consistent pattern of human rights abuses,
fail to uphold global health data transparency requirements,
or otherwise violate the established standards of the Fund,
including in relation to corruption.
(H) Enforceability.--Any agreement concluded under the
authorities provided by this section shall be legally
effective and binding upon the United States, as may be
provided in the agreement, upon--
(i) the enactment of appropriate implementing legislation
which provides for the approval of the specific agreement or
agreements, including attachments, annexes, and supporting
documentation, as appropriate; or
(ii) if concluded and submitted as a treaty, receiving the
necessary consent of the Senate.
(I) Eligible partner country defined.--In this section, the
term ``eligible partner country'' means a country with
demonstrated--
(i) need, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, national action plans for
health security, and other complementary or successor
indicators of global health security and pandemic
preparedness; and
(ii) commitment to transparency, including budget and
global health data transparency, complying with the
International Health Regulations (2005), investing in
domestic health systems, and achieving measurable results,
and in which the Fund for Global Health Security and Pandemic
Preparedness established under this section may finance
global health security and pandemic preparedness assistance
programs under this Act.
(e) Fund Authorities.--
(1) Program objectives.--
(A) In general.--In carrying out the purpose set forth in
subsection (d), the Fund, acting through the Executive Board,
should provide grants, including challenge grants, technical
assistance, concessional lending, catalytic investment funds,
and other innovative funding mechanisms, as appropriate, to--
(i) help eligible partner countries close critical gaps in
health security, as identified through the Joint External
Evaluation process, the Global Health Security Index
classification of health systems, and national action plans
for health security and other complementary or successor
indicators of global health security and pandemic
preparedness; and
(ii) support measures that enable such countries, at both
national and sub-national levels, and in partnership with
civil society and the private sector, to strengthen and
sustain resilient health systems and supply chains with the
resources, capacity, and personnel required to prevent,
detect, mitigate, and respond to infectious disease threats
before they become pandemics.
(B) Activities supported.--The activities to be supported
by the Fund should include efforts to--
(i) enable eligible partner countries to formulate and
implement national health security and pandemic preparedness
action plans, advance action packages under the Global Health
Security Agenda, and adopt and uphold commitments under the
International Health Regulations (2005) and other related
international health agreements, as appropriate;
(ii) support global health security budget planning in
eligible partner countries, including training in financial
management and budget and global health data transparency;
(iii) strengthen the health security workforce, including
hiring, training, and deploying experts to improve frontline
preparedness for emerging epidemic and pandemic threats;
(iv) improve infection control and the protection of
healthcare workers within healthcare settings;
(v) combat the threat of antimicrobial resistance;
(vi) strengthen laboratory capacity and promote biosafety
and biosecurity through the provision of material and
technical assistance;
(vii) reduce the risk of bioterrorism, zoonotic disease
spillover, and accidental biological release;
(viii) build technical capacity to manage global health
security related supply chains, including for personal
protective equipment, oxygen, testing reagents, and other
lifesaving supplies, through effective forecasting,
procurement, warehousing, and delivery from central
warehouses to points of service in both the public and
private sectors;
(ix) enable bilateral, regional, and international
partnerships and cooperation, including through pandemic
early warning systems and emergency operations centers, to
identify and address transnational infectious disease threats
exacerbated by natural and man-made disasters, human
displacement, and zoonotic infection;
(x) establish partnerships for the sharing of best
practices and enabling eligible countries to meet targets and
indicators under the Joint External Evaluation process, the
Global Health Security Index classification of health
systems, and national action plans for health security
relating to the detection, treatment, and prevention of
neglected tropical diseases;
(xi) build the technical capacity of eligible partner
countries to prepare for and respond to second order
development impacts of infectious disease outbreaks, while
accounting for the differentiated needs and vulnerabilities
of marginalized populations;
(xii) develop and utilize metrics to monitor and evaluate
programmatic performance and identify best practices,
including in accordance with Joint External Evaluation
benchmarks, Global Health Security Agenda targets, and Global
Health Security Index indicators;
(xiii) develop and deploy mechanisms to enhance the
transparency and accountability of global health security and
pandemic preparedness programs and data, in compliance with
the International Health Regulations (2005), including
through the sharing of trends, risks, and lessons learned;
and
(xiv) develop and implement simulation exercises, produce
and release after action reports, and address related gaps.
(C) Implementation of program objectives.--In carrying out
the objectives of this paragraph, the Fund should work to
eliminate duplication and waste by upholding strict
transparency and accountability standards and coordinating
its programs and activities with key partners working to
advance global health security and pandemic preparedness,
including--
(i) governments, civil society, faith-based, and
nongovernmental organizations, research and academic
institutions, and private sector entities in eligible partner
countries;
(ii) the pandemic early warning systems and emergency
operations centers to be established under subparagraph
(B)(ix);
(iii) the World Health Organization;
(iv) the Global Health Security Agenda;
(v) the Global Health Security Initiative;
(vi) the Global Fund to Fight AIDS, Tuberculosis, and
Malaria;
(vii) the United Nations Office for the Coordination of
Humanitarian Affairs, UNICEF, and other relevant funds,
programs, and specialized agencies of the United Nations;
(viii) Gavi, the Vaccine Alliance;
(ix) the Coalition for Epidemic Preparedness Innovations;
(x) the Global Polio Eradication Initiative; and
(xi) the United States Coordinator for Global Health
Security and Diplomacy established under subsection (b).
(2) Priority.--In providing assistance under this section,
the Fund should give priority to low-and lower-middle income
countries with--
(A) low scores on the Global Health Security Index
classification of health systems;
(B) measurable gaps in global health security and pandemic
preparedness identified under Joint External Evaluations and
national action plans for health security;
(C) demonstrated political and financial commitment to
pandemic preparedness; and
(D) demonstrated commitment to upholding global health
budget and data transparency and accountability standards,
complying with the International Health Regulations (2005),
investing in domestic health systems, and achieving
measurable results.
(3) Eligible grant recipients.--Governments and
nongovernmental organizations should be eligible to receive
grants as described in this section.
(f) Fund Administration.--
(1) Appointment of an administrator.--The Executive Board
of the Fund should appoint an Administrator who should be
responsible for managing the day-to-day operations of the
Fund.
(2) Authority to solicit and accept contributions.--The
Fund should be authorized to solicit and accept contributions
from governments, the private sector, foundations,
individuals, and nongovernmental entities of all kinds.
(3) Accountability of funds and criteria for programs.--As
part of the negotiations described in subsection (d)(1), the
Secretary of the State, shall, consistent with paragraph
(4)--
(A) take such actions as are necessary to ensure that the
Fund will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the
Fund, including the cost of administering the Fund; and
(B) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(4) Selection of partner countries, projects, and
recipients.--The Executive Board should establish--
(A) eligible partner country selection criteria, to include
transparent metrics to measure and assess global health
security and pandemic preparedness strengths and
vulnerabilities in countries seeking assistance;
(B) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization,
and co-investment;
(C) criteria for the selection of projects to receive
support from the Fund;
(D) standards and criteria regarding qualifications of
recipients of such support;
[[Page H4919]]
(E) such rules and procedures as may be necessary for cost-
effective management of the Fund; and
(F) such rules and procedures as may be necessary to ensure
transparency and accountability in the grant-making process.
(5) Additional transparency and accountability
requirements.--
(A) Inspector general.--
(i) In general.--The Secretary of State shall seek to
ensure that the Fund maintains an independent Office of the
Inspector General and ensure that the office has the
requisite resources and capacity to regularly conduct and
publish, on a publicly accessible website, rigorous
financial, programmatic, and reporting audits and
investigations of the Fund and its grantees.
(ii) Sense of congress on corruption.--It is the sense of
Congress that--
(I) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated;
and
(II) in making financial recoveries relating to a corrupt
act or criminal conduct under a grant, as determined by the
Inspector General, the responsible grant recipient should be
assessed at a recovery rate of up to 150 percent of such
loss.
(B) Administrative expenses.--The Secretary of State shall
seek to ensure the Fund establishes, maintains, and makes
publicly available a system to track the administrative and
management costs of the Fund on a quarterly basis.
(C) Financial tracking systems.--The Secretary of State
shall ensure that the Fund establishes, maintains, and makes
publicly available a system to track the amount of funds
disbursed to each grant recipient and sub-recipient during a
grant's fiscal cycle.
(g) Fund Advisory Board.--
(1) In general.--There should be an Advisory Board to the
Fund.
(2) Appointments.--The members of the Advisory Board should
be composed of--
(A) individuals with experience and leadership in the
fields of development, global health, epidemiology, medicine,
biomedical research, and social sciences; and
(B) representatives of relevant United Nations agencies,
including the World Health Organization, and nongovernmental
organizations with on-the-ground experience in implementing
global health programs in low and lower-middle income
countries.
(3) Responsibilities.--The Advisory Board should provide
advice and guidance to the Executive Board of the Fund on the
development and implementation of programs and projects to be
assisted by the Fund and on leveraging donations to the Fund.
(4) Prohibition on payment of compensation.--
(A) In general.--Except for travel expenses (including per
diem in lieu of subsistence), no member of the Advisory Board
should receive compensation for services performed as a
member of the Board.
(B) United states representative.--Notwithstanding any
other provision of law (including an international
agreement), a representative of the United States on the
Advisory Board may not accept compensation for services
performed as a member of the Board, except that such
representative may accept travel expenses, including per diem
in lieu of subsistence, while away from the representative's
home or regular place of business in the performance of
services for the Board.
(5) Conflicts of interest.--Members of the Advisory Board
should be required to disclose any potential conflicts of
interest prior to serving on the Advisory Board.
(h) Reports to Congress on the Fund.--
(1) Status report.--Not later than 180 days after the date
of enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, and the heads of other
relevant Federal departments and agencies, shall submit to
the appropriate congressional committees a report detailing
the progress of international negotiations to establish the
Fund.
(2) Annual report.--
(A) In general.--Not later than 1 year after the date of
the establishment of the Fund, and annually thereafter for
the duration of the Fund, the Secretary of State, shall
submit to the appropriate congressional committees a report
on the Fund.
(B) Report elements.--The report shall include a
description of--
(i) the goals of the Fund;
(ii) the programs, projects, and activities supported by
the Fund;
(iii) private and governmental contributions to the Fund;
and
(iv) the criteria utilized to determine the programs and
activities that should be assisted by the Fund.
(3) Gao report on effectiveness.--Not later than 2 years
after the date that the Fund comes into effect, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report evaluating the
effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) an assessment of the merits of continued United States
participation in the Fund.
(i) United States Contributions.--
(1) In general.--Subject to submission of the certification
under this section, the President is authorized to make
available for United States contributions to the Fund such
funds as may be authorized to be made available for such
purpose.
(2) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days
in advance of making a contribution to the Fund, including--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors; and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--At no point during the 5 years after the
date of the enactment of this Act shall a United States
contribution to the Fund cause the cumulative total of United
States contributions to the Fund to exceed 33 percent of the
total contributions to the Fund from all sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--If at any
time the Secretary of State determines that the Fund has
provided assistance to a country, the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for acts of international
terrorism, the United States shall withhold from its
contribution to the Fund for the next fiscal year an amount
equal to the amount expended by the Fund to the government of
such country.
(B) Excessive salaries.--If at any time during the five
years after enactment of this Act, the Secretary of State
determines that the salary of any individual employed by the
Fund exceeds the salary of the Vice President of the United
States for that fiscal year, then the United States should
withhold from its contribution for the next fiscal year an
amount equal to the aggregate amount by which the salary of
each such individual exceeds the salary of the Vice President
of the United States.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent of
planned United States contributions to the Fund until the
Secretary certifies to the appropriate congressional
committees that the Fund has established procedures to
provide access by the Office of Inspector General of the
Department of State, as cognizant Inspector General, the
Inspector General of the Department of Health and Human
Services, the Inspector General of the United States Agency
for International Development, and the Comptroller General of
the United States to the Fund's financial data and other
information relevant to United States contributions to the
Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary of
State).
(j) Compliance With the Foreign Aid Transparency and
Accountability Act of 2016.--Section 2(3) of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law 114-
191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) section [__] of the National Defense Authorization
Act for Fiscal Year 2022.''.
(k) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional Committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global
levels in order to minimize vulnerability to acute public
health events that can endanger the health of populations
across geographical regions and international boundaries.
(l) Sunset.--This section, and the amendments made by this
section, shall cease to have force or effect on the date that
is 5 years after the date of the enactment of this Act.
amendment no. 115 offered by mr. connolly of virginia
At the end of subtitle C of title XIII, add the following:
SEC. 13__. REPORT ON PARTICIPANTS IN SECURITY COOPERATION
TRAINING PROGRAMS AND RECIPIENTS OF SECURITY
ASSISTANCE TRAINING THAT HAVE BEEN DESIGNATED
FOR HUMAN RIGHTS ABUSES, TERRORIST ACTIVITIES
OR PARTICIPATION IN A MILITARY COUP.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report on
individuals and units of security forces of foreign countries
that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the period beginning on January 1,
2010, and ending on the date of the enactment of this Act--
(A) have been subject to United States sanctions relating
to violations of human
[[Page H4920]]
rights under any provision of law, including under--
(i) the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 2656 note);
(ii) section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d); or
(iii) section 362 of title 10, United States Code;
(B) have been subject to United States sanctions relating
to terrorist activities under authorities provided in--
(i) section 219 of the Immigration and Nationality Act (8
U.S.C. 1189);
(ii) the National Emergencies Act (50 U.S.C. 1601 et seq.);
(iii) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), other than sanctions on the importation
of goods provided for under such Act; or
(iv) any other provision of law; or
(C) have been subject to United States sanctions relating
to involvement in a military coup under any provision of law.
(b) Update.--The Secretary of State and the Secretary of
Defense, in consultation with the heads of other appropriate
Federal departments and agencies, shall submit to the
appropriate congressional committees an annual update of the
report required by subsection (a) on individuals and units of
security forces of foreign countries that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the preceding year, any of the
provisions of subparagraph (A),(B), or (C) of subsection
(a)(2) have applied with respect to such individuals or
units.
(c) Requests by Chairperson and Ranking Member of
Appropriate Congressional Committees.--Not later than 30 days
after receiving a written request from the chairperson and
ranking member of the one of the appropriate congressional
committees with respect to whether an individual or unit of
security forces of foreign countries has received training
described in subsection (a)(1), the Secretary of State and
the Secretary of Defense, in consultation with the heads of
other appropriate agencies, shall--
(1) determine if that individual or unit has received such
training; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes a detailed description of the training the
individual received.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
amendment no. 116 offered by mr. connolly of virginia
Page 1390, after line 19, add the following new section
(and update the table of contents accordingly):
SEC. 6013. CODIFICATION OF THE FEDRAMP PROGRAM.
(a) Amendment.--Chapter 36 of title 44, United States Code,
is amended by adding at the end the following new sections:
``Sec. 3607. Federal risk and authorization management
program
``There is established within the General Services
Administration the Federal Risk and Authorization Management
Program (FedRAMP). The Administrator of General Services,
subject to section 3612, shall establish a governmentwide
program that provides a standardized, reusable approach to
security assessment and authorization for cloud computing
products and services that process unclassified information
used by agencies.
``Sec. 3608. Roles and responsibilities of the general
services administration
``(a) Roles and Responsibilities.--The Administrator of
General Services shall--
``(1) develop, coordinate, and implement a process to
support agency review, reuse, and standardization, where
appropriate, of security assessments of cloud computing
products and services, including appropriate oversight of
continuous monitoring of cloud computing products and
services, pursuant to guidance issued by the Director
pursuant to section 3612;
``(2) establish processes and identify criteria, consistent
with guidance issued by the Director in section 3612, which
would make a cloud computing product or service eligible for
a FedRAMP authorization and validate whether a cloud
computing product or service has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support the
authorization of cloud computing products and services and
increase the speed, effectiveness, and transparency of the
authorization process, consistent with standards defined by
the National Institute of Standards and Technology and
relevant statutes;
``(4) grant FedRAMP authorizations to cloud computing
products and services, consistent with the guidance and
direction of the FedRAMP board established in section 3609;
``(5) establish and maintain a public comment process for
proposed guidance and other program directives that may have
a direct impact on cloud service providers and agencies
before the issuance of such guidance or other programmatic
directives;
``(6) coordinate with the FedRAMP board, the Director of
the Cybersecurity and Infrastructure Security Agency, and
other entities identified by the Administrator, with the
concurrence of the Director, to establish and regularly
update a framework for continuous monitoring under section
3553;
``(7) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to
enable better reuse of such packages across agencies,
including making available any information and data necessary
for agencies to fulfill the requirements of subsection 3611;
``(8) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or
service during an assessment process;
``(9) regularly review, in consultation with the FedRAMP
Board, the costs associated with the independent assessment
services of third-party organizations referenced in section
3610;
``(10) support the Federal Secure Cloud Advisory Committee,
established pursuant to subsection 3615; and
``(11) such other actions as the Administrator may
determine necessary to improve the program.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a
public website to serve as the authoritative repository for
the program, including the timely publication and updates for
all relevant information, guidance, determinations, and other
materials required under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make
publicly available on the website described in paragraph (1)
the criteria and process for prioritizing and selecting cloud
computing products and services that will receive a FedRAMP
authorization, in consultation with the FedRAMP Board and the
Chief Information Officers Council established in section
3603.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator shall assess and
evaluate available automation capabilities and procedures to
improve the efficiency and effectiveness of the issuance of
FedRAMP authorizations, including continuous monitoring of
cloud computing products and services.
``(2) Means for automation.--Not later than 1 year after
the date of the enactment of this section, and updated
regularly thereafter, the Administrator shall establish a
means for the automation of security assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall
establish annual metrics regarding the time and quality of
the assessments necessary for completion of a FedRAMP
authorization process in a manner that can be consistently
tracked over time in conjunction with the periodic testing
and evaluation process pursuant to section 3554 in a manner
that minimizes the agency reporting burden.
``Sec. 3609. FedRAMP board
``(a) Establishment.--There is established a FedRAMP board
to provide input and recommendations to the Administrator
regarding the requirements and guidelines for security
assessments of cloud computing products and services
developed under subsection (d) of this section.
``(b) Membership.--The board shall consist of not more than
seven senior officials or experts from agencies , appointed
by the Director, in consultation with the Administrator, from
each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP board
appointed under subsection (b) shall have technical expertise
in domains relevant to the program, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to
support the secure authorization of cloud services and
products.
``(d) Duties.--The FedRAMP board shall--
``(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for
obtaining a FedRAMP authorization;
``(2) review and approve requirements and guidelines for
security authorizations of cloud computing products and
services, consistent with standards defined by the National
Institute of Standards and Technology, to be used in the
determination of FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which agencies
determine and validate requirements for a FedRAMP
authorization, including periodic review of the agency
determinations described in section 3611(b),
[[Page H4921]]
and ensure consistency and transparency between agencies and
cloud service providers in a manner that minimizes confusion
and engenders trust; and
``(4) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.
``(e) Determinations of Demand for Cloud Computing Products
and Services.--The FedRAMP Board may consult with the Chief
Information Officers Council established in section 3603 to
establish a process, that may be made available the website
referenced in section 3608, for prioritizing and accepting
the cloud computing products and services to be granted a
FedRAMP authorization.
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Administrator
may, consistent with guidance issued by the Director,
determine the requirements for accreditation of a third-party
organization to perform independent assessments and other
activities that will improve the overall performance of the
program and reduce the cost of FedRAMP authorizations for
cloud service providers. Such requirements may include
developing or requiring certification programs for
individuals employed by the third-party organization seeking
accreditation.
``(b) Certification.--The Administrator or their designee
may accredit any third-party organization that meets the
requirements for accreditation. If accredited pursuant to the
requirements defined pursuant to subsection (a), a certified
independent assessment organization may assess, validate, and
attest to the quality and compliance of security assessment
materials provided by cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of the
program, the head of each agency shall, consistent with
guidance issued by the Director pursuant to section 3612--
``(1) promote the use of cloud computing products and
services which meet FedRAMP security requirements and other
risk-based performance requirements as defined by the
Director;
``(2) confirm whether there is a FedRAMP authorization in
the secure mechanism established under section 3608(b)(10)
before beginning the process to grant a FedRAMP authorization
for a cloud computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing
assessments of security controls and materials within the
FedRAMP authorization package; and
``(4) provide data and information required to the Director
pursuant to section 3612 to determine how agencies are
meeting metrics as defined by the Administrator.
``(b) Attestation.--To the extent an agency determines that
the information and data they have reviewed pursuant to
subsection (a)(2) is wholly or substantially deficient for
the purposes of performing an authorization of cloud
computing products or services, the head of the agency shall
document as part of the resulting FedRAMP authorization
package the reasons for this determination upon completion of
any assessment or authorization activities for that
particular cloud computing product or service.
``(c) Submission of Authorizations to Operate Required.--
Upon issuance of an agency authorization to operate based on
a FedRAMP authorization, the head of the agency shall provide
a copy of its authorization to operate letter and any
supplementary information required pursuant to section
3608(a) to the Administrator.
``(d) Submission of Policies Required.--Not later than 6
months after the date on which the Director issues guidance
in accordance with section 3612, the head of each agency,
acting through the agency Chief Information Officer, shall
submit to the Director all agency policies created related to
the authorization of cloud computing products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and
services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter the
responsibility of any agency to ensure compliance with
subchapter II of chapter 35 for any cloud computing products
or services used by the agency.
``Sec. 3612. Roles and responsibilities of the office of
management and budget
``(a) Roles and Responsibilities.--The Director shall:
``(1) Issue guidance to specify the categories or
characteristics of cloud computing products and services, in
consultation with the Administrator, for which agencies must
obtain or use a FedRAMP authorization before operating such a
product or service as a Federal information system. Such
guidance shall encompass, to the greatest extent practicable,
all necessary and appropriate cloud computing products and
services.
``(2) Issue guidance describing additional responsibilities
of the FedRAMP program and board to accelerate the adoption
of secure cloud computing services in the Federal Government.
``(3) Oversee the effectiveness of the FedRAMP program and
board, including compliance by the FedRAMP board with its
duties as described in section 3609.
``(4) To the greatest extent practicable, encourage and
promote consistency of guidance on the adoption, security,
and use of cloud computing products and services used within
agencies.
``Sec. 3613. Authorization of appropriations for FedRAMP
``There is authorized to be appropriated $20,000,000 each
year for the FedRAMP Program and Board.
``Sec. 3614. Reports to congress; GAO report
``(a) Reports to Congress.--Not later than 12 months after
the date of the enactment of this section, and annually
thereafter, the Director shall submit to the Committee on
Oversight and Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report that includes the following:
``(1) The status, efficiency, and effectiveness of the
General Services Administration, pursuant to section 3608,
and agencies, pursuant to section 3611, during the preceding
year in supporting the speed, effectiveness, sharing, reuse,
and security of authorizations to operate for cloud computing
products and services.
``(2) Progress towards meeting the metrics required
pursuant to section 3608(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the previous year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate
FedRAMP processes and to accelerate reporting as described in
this section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency
consistent with guidance provided by the Director in section
3612.
``(b) GAO Report.--Not later than 6 months after the date
of the enactment of this section, the Comptroller General of
the United States shall publish a report that includes an
assessment of the cost incurred by agencies and cloud service
providers related to the issuance of FedRAMP authorizations.
``Sec. 3615. Federal secure cloud advisory committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to
enable agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and determine
ways that authorization processes can continuously be
improved, including the following:
``(i) Measures to increase agency re-use of FedRAMP
authorizations.
``(ii) Proposed actions that can be adopted to reduce the
burden, confusion, and cost associated with FedRAMP
authorizations for cloud service providers.
``(iii) Measures to increase the number of FedRAMP
authorizations for cloud computing services offered by small
businesses (as defined by section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be adopted to reduce the
burden and cost of FedRAMP authorizations for agencies.
``(B) Collect information and feedback on agency compliance
with and implementation of FedRAMP requirements.
``(C) Serve as a forum that facilitates communication and
collaboration among the FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, to provide advice and recommendations to the
Administrator, the FedRAMP Board, and to agencies on
technical, financial, programmatic, and operational matters
regarding secure adoption of cloud computing products and
services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from
the public and private sectors, appointed by the
Administrator, in consultation with the Director, as follows:
``(A) The Administrator or the Administrator's designee,
who shall be the Chair of the Committee.
``(B) At least one representative each from the
Cybersecurity and Infrastructure Security Agency and the
National Institute of Standards and Technology.
``(C) At least two officials who serve as the Chief
Information Security Officer within an agency, who shall be
required to maintain such a position throughout the duration
of their service on the Committee.
``(D) At least one official serving as Chief Procurement
Officer (or equivalent) in an agency, who shall be required
to maintain such a position throughout the duration of their
service on the Committee.
``(E) At least one individual representing an independent
assessment organization.
[[Page H4922]]
``(F) No fewer than five representatives from unique
businesses that primarily provide cloud computing services or
products, including at least two representatives from a small
business (as defined by section 3(a) of the Small Business
Act (15 U.S.C. 632(a))).
``(G) At least two other Government representatives as the
Administrator determines to be necessary to provide
sufficient balance, insights, or expertise to the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days after the
date of the enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the Committee
shall be appointed for a term of 3 years, except that the
initial terms for members may be staggered 1-, 2-, or 3-year
terms to establish a rotation in which one-third of the
members are selected each year. Any such member may be
appointed for not more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member may
serve after the expiration of that member's term until a
successor has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than
three meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of the enactment of this section, the Committee shall
meet and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee, if
such rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service
as such a member, except for the purposes of section 5703 of
title 5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the Committee.
``(e) Applicability to the Federal Advisory Committee
Act.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee
may be detailed to the Committee without reimbursement from
the Committee, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
``(g) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been
agreed to by the Committee.
``(2) Annual reports.--Not later than 18 months after the
date of the enactment of this section, and annually
thereafter, the Committee shall submit to the Administrator
and Congress a final report containing such findings,
conclusions, and recommendations as have been agreed to by
the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to
sections 3607 through this section.
``(b) Additional Definitions.--In sections 3607 through
this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Cloud computing.--The term `cloud computing' shall
have the meaning given by the National Institutes of
Standards and Technology Special Publication 800-145.
``(3) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products
or services to agencies.
``(4) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(5) Fedramp.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under
section 3607(a).
``(6) Fedramp authorization.--The term `FedRAMP
authorization' means a certification that a cloud computing
product or service has completed a FedRAMP authorization
process, as determined by the Administrator or received a
FedRAMP provisional authorization to operate as determined by
the FedRAMP Board.
``(7) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that
can be used by an agency to determine whether to authorize
the operation of an information system or the use of a
designated set of common controls for all cloud computing
products and services authorized by the FedRAMP program.
``(8) Independent assessment organization.--The term
`independent assessment organization' means a third-party
organization accredited by the Administrator to undertake
conformity assessments of cloud service providers and their
products or services.
``(9) Fedramp board.--The term `FedRAMP board' means the
board established under section 3609.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 36 of title 44, United States Code, is
amended by adding at the end the following new items:
``3607. Federal Risk and Authorization Management Program
``3608. Roles and Responsibilities of the General Services
Administration
``3609. FedRAMP board
``3610. Independent assessment organizations
``3611. Roles and responsibilities of agencies
``3612. Roles and responsibilities of the Office of Management and
Budget
``3613. Authorization of appropriations for FedRAMP
``3614. Reports to Congress
``3615. Federal Secure Cloud Advisory Committee
``3616. Definitions''.
(c) Sunset.--This section and any amendment made by this
section shall be repealed on the date that is 10 years after
the date of the enactment of this section.
(d) Rule of Construction.--Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security
under subchapter II of chapter 35 of title 44, United States
Code.
amendment no. 117 offered by mr. correa of california
At the end of title LX, insert the following:
SEC. 60__. ANNUAL REPORT ON VETERAN ACCESS TO GENDER SPECIFIC
SERVICES UNDER DEPARTMENT OF VETERANS AFFAIRS
COMMUNITY CARE CONTRACTS.
(a) In General.--Subchapter III of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1730D. Annual report on veteran access to gender
specific services under community care contracts
``(a) In General.--The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives an annual report on the access of women
veterans to gender specific services under contracts,
agreements, or other arrangements with non-Department medical
providers entered into by the Secretary for the provision of
hospital care or medical services to veterans. Such report
shall include data and performance measures for the
availability of gender specific services, including--
``(1) the average wait time between the veteran's preferred
appointment date and the date on which the appointment is
completed;
``(2) the average driving time required for veterans to
attend appointments; and
``(3) reasons why appointments could not be scheduled with
non-Department medical providers.
``(b) Gender Specific Services.--In this section, the term
`gender specific services' means mammography, obstetric care,
gynecological care, and such other services as the Secretary
determines appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1730C the following new item:
``1730D. Annual report on veteran access to gender specific services
under community care contracts.''.
SEC. 3. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND
INSPECTIONS AT DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTERS.
(a) In General.--The Secretary of Veterans Affairs shall
establish a policy under which--
(1) the environment of care standards and inspections at
Department of Veterans Affairs medical centers include--
(A) an alignment of the requirements for such standards and
inspections with the women's health handbook of the Veterans
Health Administration;
(B) a requirement for the frequency of such inspections;
(C) delineation of the roles and responsibilities of staff
at the medical center who are responsible for compliance; and
(D) the requirement that each medical center submit to the
Secretary a report on the compliance of the medical center
with the standards; and
(2) for the purposes of the End of Year Hospital Star
Rating, no medical center is eligible for a five star rating
as reported under the Strategic Analytics for Improvement and
Learning Value Model unless it meets the environment of care
standards.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives certification in writing that the policy
required by subsection (a) has been finalized and
disseminated to Department all medical centers.
[[Page H4923]]
amendment no. 118 offered by ms. craig of minnesota
At the end of subtitle A of title III, insert the
following:
SEC. 3__. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance for
Army base operations support, line 100, as specified in the
corresponding funding table in section 4301, for Army
Community Services, line 110, is hereby increased by
$30,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Army, as specified in the corresponding funding table in
section 4301, for Army Administration, line 440, is hereby
reduced by $15,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Army, as specified in the corresponding funding table in
section 4301, for Army Other Service Support, line 480, is
hereby reduced by $15,000,000.
amendment no. 119 offered by mr. crawford of arkansas
At the end of subtitle B of title IX, add the following new
section:
SEC. 9__. EXPLOSIVE ORDNANCE DISPOSAL COMMAND.
(a) Transfer of Command and Redesignation.--The 20th
Chemical, Biological, Radiological, Nuclear and high-yield
Explosives Command of the Army is hereby--
(1) transferred to the Army Special Operations Command
within the United States Special Operations Command; and
(2) redesignated as the 1st Explosive Ordnance Disposal
Command (referred to in this section as the ``EOD Command'').
(b) Commander.--There is a Commander of the EOD Command.
The Commander shall be selected by the Secretary of the Army
from among the general officers of the Army who--
(1) hold a rank of major general or higher; and
(2) have professional qualifications relating to explosive
ordnance disposal.
(c) Duties.--The duties of the EOD Command shall be to
carry out explosive ordnance disposal activities in support
of the Commander of the United States Special Operations
Command, combatant commanders, and the heads of such other
Federal departments and agencies as the Secretary of Defense
considers appropriate.
(d) Headquarters.--The headquarters of the EOD Command
shall be located at Fort Bragg, North Carolina.
(e) Additional Transfers.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of the Army
shall transfer from the Army Forces Command to the EOD
Command--
(1) five Explosive Ordnance Disposal Groups; and
(2) one Sustainment Brigade.
(f) Timeline for Operational Capability.--The Secretary of
the Army shall ensure that the EOD Command--
(1) achieves early operational capability not later than 90
days after the date of the enactment of this Act; and
(2) achieves full operational capability not later than one
year after such date of enactment.
(g) Treatment as Special Operations Activity.--Consistent
with the transfer made under subsection (a)(1), the Secretary
of the Army shall treat explosive ordnance disposal as a
special operations activity.
(h) Explosive Ordnance Disposal Activities Defined.--In
this section, the term ``explosive ordnance disposal
activities'' means activities relating to the detection,
defeat, disposal, and analysis of explosive ordnance,
including--
(1) gaining access to anti-access and area-denial
munitions;
(2) preventing detonation signals via electromagnetic
spectrum;
(3) identifying manufactured and improvised explosive
ordnance, including nuclear, biological, and chemical
ordnance;
(4) rendering-safe, recovering, exploiting, transporting,
and safely disposing of explosive ordnance; and
(5) gathering and analyzing technical intelligence with
respect to explosive ordnance.
amendment no. 120 offered by mr. crawford of arkansas
At the end of subtitle J of title V, add the following new
section:
SEC. 5__. ADDITION OF ELEMENT TO REPORT REGARDING THE
DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL
CORPS AS A BASIC BRANCH OF THE ARMY.
Section 582(b)(2) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 3063 note)
is amended by adding at the end the following new
subparagraph:
``(H) The Secretary of the Army has designated an Assistant
Secretary of the Army as the key individual responsible for
developing and overseeing policy, plans, programs, and
budgets, and issuing guidance and providing direction on the
explosive ordnance disposal activities of the Army.''.
amendment no. 121 offered by mr. crawford of arkansas
At the end of subtitle F of title III, add the following
new section:
SEC. 3__. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
Section 2284(b) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by striking ``the Department of
Defense'' and all that follows and inserting ``the
Program;'';
(C) by adding at the end the following new subparagraphs:
``(C) direct the executive agent to designate a joint
program executive officer for the Program; and
``(D) assign the Director of the Defense Threat Reduction
Agency to manage the Defense-wide program element funding for
the Program.''.
(2) by striking paragraph (4);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(5) by adding at the end the following new paragraphs:
``(5) the Secretary of the Navy shall designate a Navy
explosive ordnance disposal-qualified admiral officer to
serve as the co-chair of the Program; and
``(6) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall designate the
Deputy Assistant Secretary of Defense for Special Operations
and Combating Terrorism as the co-chair of the Program.''.
amendment no. 122 offered by mr. crist of florida
At the end of subtitle C of title III, add the following
new section:
SEC. 3__. REPORT ON MAINTENANCE AND REPAIR OF AIRCRAFT
TURBINE ENGINE ROTORS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
inventory, maintenance, and repair of aircraft turbine engine
rotors by the Department of Defense. Such report shall
include information (disaggregated by aircraft type and
military department) as follows:
(1) A total inventory of all replacement aircraft turbine
engine rotors produced or procured by Department.
(2) The total production and procurement costs in fiscal
year 2021 for such replacement rotors.
(3) The projected production and procurement costs for such
replacement rotors for fiscal years 2022, 2023, and 2024.
(4) Any funds invested by the Department to modernize the
maintenance and repair of aircraft turbine engine rotors, and
to lower associated costs.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may have a classified
annex.
amendment no. 123 offered by mr. crow of colorado
Page 897, insert after line 7 the following (and
redesignate accordingly):
(b) Status of Afghans Employed Subject to a Grant or
Cooperative Agreement.--Section 602(b)(2)(A)(ii)(I) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended by inserting after ``United States Government'' the
following ``, including employment or other work in
Afghanistan funded by the United States Government through a
cooperative agreement, grant, or nongovernmental
organization, if the Secretary of State determines, based on
a recommendation from the Federal agency or organization
authorizing such funding, that such alien contributed to the
United States mission in Afghanistan''.
amendment no. 124 offered by mr. crow of colorado
At the end of title LX of division E, insert the following:
SEC. 6013. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Authorization.--Notwithstanding section 8908(c) of
title 40, United States Code, the Global War on Terrorism
Memorial Foundation shall establish a National Global War on
Terrorism Memorial within the Reserve.
(b) Location.--The Memorial may be located at one of the
following sites:
(1) Potential Site 1--Constitution Gardens, Prime Candidate
Site 10 in The Memorials and Museums Master Plan.
(2) Potential Site 2--JFK Hockey Fields, Prime Candidate
Site 18 in The Memorials and Museums Master Plan.
(3) Potential Site 3--West Potomac Park, Candidate Site 70
in The Memorials and Museums Master Plan.
(c) Commemorative Works Act.--Except as otherwise provided
by subsections (a) and (b), chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the Memorial.
(d) Definitions.--In this section:
(1) Memorial.--The term ``Memorial'' means the National
Global War on Terrorism Memorial authorized under subsection
(a).
(2) Reserve.--The term ``Reserve'' has the meaning given
that term in 8902(a)(3) of title 40, United States Code.
amendment no. 125 offered by mr. curtis of utah
At the end of title LX of division E, add the following:
[[Page H4924]]
SEC. 6013. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(h) Status of Excessive Surveillance and Use of Advanced
Technology.--
``(1) In general.--The report required by subsection (d)
shall include, wherever applicable, a description of the
status of surveillance and use of advanced technology to
impose arbitrary or unlawful interference with privacy, or
unlawful or unnecessary restrictions on freedoms of
expression, peaceful assembly, association, or other
internationally recognized human rights in each country,
including--
``(A) whether the government of such country has adopted
and is enforcing laws, regulations, policies, or practices
relating to--
``(i) government surveillance or censorship, including
through facial recognition, biometric data collection,
internet and social media controls, sensors, spyware data
analytics, non-cooperative location tracking, recording
devices, or other similar advanced technologies, and any
allegations or reports that this surveillance or censorship
was unreasonable;
``(ii) searches or seizures of individual or private
institution data without independent judicial authorization
or oversight; and
``(iii) surveillance of any group based on political views,
religious beliefs, ethnicity, or other protected category, in
violation of equal protection rights;
``(B) whether such country has imported or unlawfully
obtained biometric or facial recognition data from other
countries or entities and, if applicable, from whom; and
``(C) whether the government agency end-user has targeted
individuals, including through the use of technology, in
retaliation for the exercise of their human rights or on
discriminatory grounds prohibited by international law,
including targeting journalists or members of minority
groups.
``(2) Definition.--In this subsection, the term `internet
and social media controls' means the arbitrary or unlawful
imposition of restrictions, by state or service providers, on
internet and digital information and communication, such as
through the blocking or filtering of websites, social media
platforms, and communication applications, the deletion of
content and social media posts, or the penalization of online
speech, in a manner that violates rights to free expression
or assembly.''.
(2) In section 502B(b) (22 U.S.C. 2304(b))--
(A) by redesignating the second subsection (i) (as added by
section 1207(b)(2) of Public Law 113-4) as subsection (j);
and
(B) by adding at the end the following:
``(k) Status of Excessive Surveillance and Use of Advanced
Technology.--The report required under subsection (b) shall
include, wherever applicable, a description of the status of
excessive surveillance and use of advanced technology to
restrict human rights, including the descriptions of such
policies or practices required under section 116(h).''.
amendment no. 126 offered by mr. rodney davis of illinois
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. FUNDING INCREASE FOR 3D PRINTING OF INFRASTRUCTURE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201, as specified in the
corresponding funding table in section 4201, line 038 (PE
0603119A), is hereby increased by $12,500,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding
funding table in section 4201, for Integrated Personnel and
Pay System - Army (IPPS-A), line 121, is hereby reduced by
$12,500,000.
amendment no. 127 offered by ms. dean of pennsylvania
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
TITLE LXI--SECURING AND ENABLING COMMERCE USING REMOTE AND ELECTRONIC
NOTARIZATION
SEC. 6101. DEFINITIONS.
In this title:
(1) Communication technology.--The term ``communication
technology'', with respect to a notarization, means an
electronic device or process that allows the notary public
performing the notarization and a remotely located individual
to communicate with each other simultaneously by sight and
sound during the notarization.
(2) Electronic; electronic record; electronic signature;
information; person; record.--The terms ``electronic'',
``electronic record'', ``electronic signature'',
``information'', ``person'', and ``record'' have the meanings
given those terms in section 106 of the Electronic Signatures
in Global and National Commerce Act (15 U.S.C. 7006).
(3) Law.--The term ``law'' includes any statute,
regulation, rule, or rule of law.
(4) Notarial officer.--The term ``notarial officer''
means--
(A) a notary public; or
(B) any other individual authorized to perform a
notarization under the laws of a State without a commission
or appointment as a notary public.
(5) Notarial officer's state; notary public's state.--The
term ``notarial officer's State'' or ``notary public's
State'' means the State in which a notarial officer, or a
notary public, as applicable, is authorized to perform a
notarization.
(6) Notarization.--The term ``notarization''--
(A) means any act that a notarial officer may perform
under--
(i) Federal law, including this title; or
(ii) the laws of the notarial officer's State; and
(B) includes any act described in subparagraph (A) and
performed by a notarial officer--
(i) with respect to--
(I) a tangible record; or
(II) an electronic record; and
(ii) for--
(I) an individual in the physical presence of the notarial
officer; or
(II) a remotely located individual.
(7) Notary public.--The term ``notary public'' means an
individual commissioned or appointed as a notary public to
perform a notarization under the laws of a State.
(8) Personal knowledge.--The term ``personal knowledge'',
with respect to the identity of an individual, means
knowledge of the identity of the individual through dealings
sufficient to provide reasonable certainty that the
individual has the identity claimed.
(9) Remotely located individual.--The term ``remotely
located individual'', with respect to a notarization, means
an individual who is not in the physical presence of the
notarial officer performing the notarization.
(10) Requirement.--The term ``requirement'' includes a
duty, a standard of care, and a prohibition.
(11) Signature.--The term ``signature'' means--
(A) an electronic signature; or
(B) a tangible symbol executed or adopted by a person and
evidencing the present intent to authenticate or adopt a
record.
(12) Simultaneously.--The term ``simultaneously'', with
respect to a communication between parties--
(A) means that each party communicates substantially
simultaneously and without unreasonable interruption or
disconnection; and
(B) includes any reasonably short delay that is inherent
in, or common with respect to, the method used for the
communication.
(13) State.--The term ``State''--
(A) means--
(i) any State of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) any territory or possession of the United States; and
(v) any federally recognized Indian Tribe; and
(B) includes any executive, legislative, or judicial
agency, court, department, board, office, clerk, recorder,
register, registrar, commission, authority, institution,
instrumentality, county, municipality, or other political
subdivision of an entity described in any of clauses (i)
through (v) of subparagraph (A).
SEC. 6102. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR
ELECTRONIC NOTARIZATION.
(a) Authorization.--Unless prohibited under section 6109,
and subject to subsection (b), a notary public may perform a
notarization that occurs in or affects interstate commerce
with respect to an electronic record.
(b) Requirements of Electronic Notarization.--If a notary
public performs a notarization under subsection (a), the
following requirements shall apply with respect to the
notarization:
(1) The electronic signature of the notary public, and all
other information required to be included under other
applicable law, shall be attached to or logically associated
with the electronic record.
(2) The electronic signature and other information
described in paragraph (1) shall be bound to the electronic
record in a manner that renders any subsequent change or
modification to the electronic record evident.
SEC. 6103. AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR
REMOTE NOTARIZATION.
(a) Authorization.--Unless prohibited under section 6109,
and subject to subsection (b), a notary public may perform a
notarization that occurs in or affects interstate commerce
for a remotely located individual.
(b) Requirements of Remote Notarization.--If a notary
public performs a notarization under subsection (a), the
following requirements shall apply with respect to the
notarization:
(1) The remotely located individual shall appear personally
before the notary public at the time of the notarization by
using communication technology.
(2) The notary public shall--
(A) reasonably identify the remotely located individual--
(i) through personal knowledge of the identity of the
remotely located individual; or
(ii) by obtaining satisfactory evidence of the identity of
the remotely located individual by--
(I) using not fewer than 2 distinct types of processes or
services through which a third person provides a means to
verify the identity of the remotely located individual
through a review of public or private data sources; or
(II) oath or affirmation of a credible witness who--
[[Page H4925]]
(aa)(AA) is in the physical presence of the notary public
or the remotely located individual; or
(BB) appears personally before the notary public and the
remotely located individual by using communication
technology;
(bb) has personal knowledge of the identity of the remotely
located individual; and
(cc) has been identified by the notary public under clause
(i) or subclause (I) of this clause;
(B) either directly or through an agent--
(i) create an audio and visual recording of the performance
of the notarization; and
(ii) notwithstanding any resignation from, or revocation,
suspension, or termination of, the notary public's commission
or appointment, retain the recording created under clause (i)
as a notarial record--
(I) for a period of not less than--
(aa) if an applicable law of the notary public's State
specifies a period of retention, the greater of--
(AA) that specified period; or
(BB) 5 years after the date on which the recording is
created; or
(bb) if no applicable law of the notary public's State
specifies a period of retention, 10 years after the date on
which the recording is created; and
(II) if any applicable law of the notary public's State
govern the content, manner or place of retention, security,
use, effect, or disclosure of such recording or any
information contained in the recording, in accordance with
those laws; and
(C) if the notarization is performed with respect to a
tangible or electronic record, take reasonable steps to
confirm that the record before the notary public is the same
record with respect to which the remotely located individual
made a statement or on which the individual executed a
signature.
(3) If a guardian, conservator, executor, personal
representative, administrator, or similar fiduciary or
successor is appointed for or on behalf of a notary public or
a deceased notary public under applicable law, that person
shall retain the recording under paragraph (2)(B)(ii),
unless--
(A) another person is obligated to retain the recording
under applicable law of the notary public's State; or
(B)(i) under applicable law of the notary public's State,
that person may transmit the recording to an office, archive,
or repository approved or designated by the State; and
(ii) that person transmits the recording to the office,
archive, or repository described in clause (i) in accordance
with applicable law of the notary public's State.
(4) If the remotely located individual is physically
located outside the geographic boundaries of a State, or is
otherwise physically located in a location that is not
subject to the jurisdiction of the United States, at the time
of the notarization--
(A) the record shall--
(i) be intended for filing with, or relate to a matter
before, a court, governmental entity, public official, or
other entity that is subject to the jurisdiction of the
United States; or
(ii) involve property located in the territorial
jurisdiction of the United States or a transaction
substantially connected to the United States; and
(B) the act of making the statement or signing the record
may not be prohibited by a law of the jurisdiction in which
the individual is physically located.
(c) Personal Appearance Satisfied.--If a State or Federal
law requires an individual to appear personally before or be
in the physical presence of a notary public at the time of a
notarization, that requirement shall be considered to be
satisfied if--
(1) the individual--
(A) is a remotely located individual; and
(B) appears personally before the notary public at the time
of the notarization by using communication technology; and
(2)(A) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notary
public's State; or
(B) the notarization occurs in or affects interstate
commerce.
SEC. 6104. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT.
(a) Recognition of Validity.--Each court of the United
States shall recognize as valid under the State or Federal
law applicable in a judicial proceeding before the court any
notarization performed by a notarial officer of any State if
the notarization is valid under the laws of the notarial
officer's State or under this title.
(b) Legal Effect of Recognized Notarization.--A
notarization recognized under subsection (a) shall have the
same effect under the State or Federal law applicable in the
applicable judicial proceeding as if that notarization was
validly performed--
(1)(A) by a notarial officer of the State, the law of which
is applicable in the proceeding; or
(B) under this title or other Federal law; and
(2) without regard to whether the notarization was
performed--
(A) with respect to--
(i) a tangible record; or
(ii) an electronic record; or
(B) for--
(i) an individual in the physical presence of the notarial
officer; or
(ii) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the
validity of a notarization for the purposes of subsection
(a), the signature and title of an individual performing the
notarization shall be prima facie evidence in any court of
the United States that the signature of the individual is
genuine and that the individual holds the designated title.
(d) Conclusive Evidence of Authority.--In a determination
of the validity of a notarization for the purposes of
subsection (a), the signature and title of the following
notarial officers of a State shall conclusively establish the
authority of the officer to perform the notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of that
State.
SEC. 6105. RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED
UNDER AUTHORITY OF ANOTHER STATE.
(a) Recognition of Validity.--Each State shall recognize as
valid under the laws of that State any notarization performed
by a notarial officer of any other State if--
(1) the notarization is valid under the laws of the
notarial officer's State or under this title; and
(2)(A) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notarial
officer's State; or
(B) the notarization occurs in or affects interstate
commerce.
(b) Legal Effect of Recognized Notarization.--A
notarization recognized under subsection (a) shall have the
same effect under the laws of the recognizing State as if
that notarization was validly performed by a notarial officer
of the recognizing State, without regard to whether the
notarization was performed--
(1) with respect to--
(A) a tangible record; or
(B) an electronic record; or
(2) for--
(A) an individual in the physical presence of the notarial
officer; or
(B) a remotely located individual.
(c) Presumption of Genuineness.--In a determination of the
validity of a notarization for the purposes of subsection
(a), the signature and title of an individual performing a
notarization shall be prima facie evidence in any State court
or judicial proceeding that the signature is genuine and that
the individual holds the designated title.
(d) Conclusive Evidence of Authority.--In a determination
of the validity of a notarization for the purposes of
subsection (a), the signature and title of the following
notarial officers of a State conclusively establish the
authority of the officer to perform the notarization:
(1) A notary public of that State.
(2) A judge, clerk, or deputy clerk of a court of that
State.
SEC. 6106. ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED.
Nothing in this title may be construed to require a notary
public to perform a notarization--
(1) with respect to an electronic record;
(2) for a remotely located individual; or
(3) using a technology that the notary public has not
selected.
SEC. 6107. VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED
PERSONS NOT AFFECTED; STATE LAWS ON THE
PRACTICE OF LAW NOT AFFECTED.
(a) Validity Not Affected.--The failure of a notary public
to meet a requirement under section 6102 or 6103 in the
performance of a notarization, or the failure of a
notarization to conform to a requirement under section 6102
or 6103, shall not invalidate or impair the recognition of
the notarization.
(b) Rights of Aggrieved Persons.--The validity and
recognition of a notarization under this title may not be
construed to prevent an aggrieved person from seeking to
invalidate a record or transaction that is the subject of a
notarization or from seeking other remedies based on State or
Federal law other than this title for any reason not
specified in this title, including on the basis--
(1) that a person did not, with present intent to
authenticate or adopt a record, execute a signature on the
record;
(2) that an individual was incompetent, lacked authority or
capacity to authenticate or adopt a record, or did not
knowingly and voluntarily authenticate or adopt a record; or
(3) of fraud, forgery, mistake, misrepresentation,
impersonation, duress, undue influence, or other invalidating
cause.
(c) Rule of Construction.--Nothing in this title may be
construed to affect a State law governing, authorizing, or
prohibiting the practice of law.
SEC. 6108. EXCEPTION TO PREEMPTION.
(a) In General.--A State law may modify, limit, or
supersede the provisions of section 6102, or subsections (a)
or (b) of section 6103, with respect to State law only if
that State law--
(1) either--
(A) constitutes an enactment or adoption of the Revised
Uniform Law on Notarial Acts, as approved and recommended for
enactment in all the States by the National Conference of
Commissioners on Uniform State Laws in 2018 or 2021, except
that a modification to such Law enacted or adopted by a State
shall be preempted to the extent such modification--
(i) is inconsistent with a provision of section 6102 or
subsections (a) or (b) of section 6103, as applicable; or
(ii) would not be permitted under subparagraph (B); or
(B) specifies additional or alternative procedures or
requirements for the performance
[[Page H4926]]
of notarizations with respect to electronic records or for
remotely located individuals, if those additional or
alternative procedures or requirements--
(i) are consistent with section 6102 and subsections (a)
and (b) of section 6103; and
(ii) do not accord greater legal effect to the
implementation or application of a specific technology or
technical specification for performing those notarizations;
and
(2) requires the retention of an audio and visual recording
of the performance of a notarization for a remotely located
individual for a period of not less than 5 years after the
recording is created.
(b) Rule of Construction.--Nothing in section 6104 or 6105
may be construed to preclude the recognition of a
notarization under applicable State law, regardless of
whether such State law is consistent with section 6104 or
6105.
SEC. 6109. STANDARD OF CARE; SPECIAL NOTARIAL COMMISSIONS.
(a) State Standards of Care; Authority of State Regulatory
Officials.--Nothing in this title may be construed to prevent
a State, or a notarial regulatory official of a State, from--
(1) adopting a requirement in this title as a duty or
standard of care under the laws of that State or sanctioning
a notary public for breach of such a duty or standard of
care;
(2) establishing requirements and qualifications for, or
denying, refusing to renew, revoking, suspending, or imposing
a condition on, a commission or appointment as a notary
public;
(3) creating or designating a class or type of commission
or appointment, or requiring an endorsement or other
authorization to be received by a notary public, as a
condition on the authority to perform notarizations with
respect to electronic records or for remotely located
individuals; or
(4) prohibiting a notary public from performing a
notarization under section 6102 or 6103 as a sanction for a
breach of duty or standard of care or for official
misconduct.
(b) Special Commissions or Authorizations Created by a
State; Sanction for Breach or Official Misconduct.--A notary
public may not perform a notarization under section 6102 or
6103 if--
(1)(A) the notary public's State has enacted a law that
creates or designates a class or type of commission or
appointment, or requires an endorsement or other
authorization to be received by a notary public, as a
condition on the authority to perform notarizations with
respect to electronic records or for remotely located
individuals; and
(B) the commission or appointment of the notary public is
not of the class or type or the notary public has not
received the endorsement or other authorization; or
(2) the notarial regulatory official of the notary public's
State has prohibited the notary public from performing the
notarization as a sanction for a breach of duty or standard
of care or for official misconduct.
SEC. 6110. SEVERABILITY.
If any provision of this title or the application of such
provision to any person or circumstance is held to be invalid
or unconstitutional, the remainder of this title and the
application of the provisions thereof to other persons or
circumstances shall not be affected by that holding.
Amendment No. 128 Offered by Ms. Dean of Pennsylvania
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. COORDINATOR FOR HUMAN TRAFFICKING ISSUES.
(a) In General.--The Secretary of the Treasury shall, not
later than 180 days after the date of the enactment of this
Act, and as required under section 312(a)(8) of title 31,
United States Code, designate an office within the Office of
Terrorism and Financial Intelligence that shall coordinate
efforts to combat the illicit financing of human trafficking.
(b) Coordinator for Human Traffficking Issues.--
(1) In general.--Subchapter I of chapter 3 of subtitle I of
title 31, United States Code, is amended by adding at the end
the following:
``Sec. 316. Coordinator for human trafficking issues.
``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Secretary of the
Treasury shall designate a Coordinator for Human Trafficking
Issues within the Department of the Treasury who shall report
to the Secretary.
``(b) Duties.--The Coordinator for Human Trafficking
Issues--
``(1) shall--
``(A) coordinate activities, policies, and programs of the
Department that relate to human trafficking, including
activities, policies, and programs intended to--
``(i) prevent, detect, and respond to human trafficking;
``(ii) help understand the challenges faced by victims and
survivors of human trafficking, including any circumstances
that may increase the risk of a person becoming a victim or
survivor of human trafficking; and
``(iii) support victims and survivors of human trafficking;
``(B) promote, advance, and support the consideration of
human trafficking issues in the programs, structures,
processes, and capacities of bureaus and offices of the
Department, where appropriate;
``(C) regularly consult human trafficking stakeholders;
``(D) serve as the principal advisor to the Secretary with
respect to activities and issues relating to human
trafficking, including issues relating to victims and
survivors of human trafficking;
``(E) advise the Secretary of actions that may be taken to
improve information sharing between human trafficking
stakeholders and Federal, State, Local, Territory, and Tribal
government agencies, including law enforcement agencies,
while protecting privacy and, as a result, improve societal
responses to issues relating to human trafficking, including
issues relating to the victims and survivors of human
trafficking;
``(F) participate in coordination between Federal, State,
Local, Territory, and Tribal government agencies on issues
relating to human trafficking; and
``(G) consult and work with the office within the office
within the Office of Terrorism and Financial Intelligence
designated by the Secretary under section 312(a)(8) of title
31, United States Code, to coordinate efforts to combat the
illicit financing of human trafficking with respect to the
efforts of such office to combat the illicit financing of
human trafficking; and
``(2) may design, support, and implement Department
activities relating to human trafficking, including
activities designed to prevent, detect, and respond to human
trafficking, to include money laundering associated with
human trafficking, to include money laundering associated
with human trafficking.
``(c) Term.--Each Coordinator for Human Trafficking Issues
designated by the Secretary shall serve a term of not more
than 5 years.
``(d) Human Trafficking Defined.--In this section, the term
`human trafficking' means severe forms of trafficking in
persons as such term is defined in section 103 of the
Trafficking Victims Protection Act of 2000.
``(e) Human Trafficking Stakeholder.--The term `human
trafficking stakeholder' means--
``(1) a non-governmental organization;
``(2) a human rights organization;
``(3) an anti-human trafficking organization;
``(4) a group representing a population vulnerable to human
trafficking or victims or survivors of human trafficking, and
related issues;
``(5) an industry group;
``(6) a financial institution;
``(7) a technology firm; and
``(8) another individual or group that is working to
prevent, detect, and respond to human trafficking and to
support victims and survivors of human trafficking.''.
(c) Coordination With Coordinator for Human Trafficking
Issues.--Section 312(a) of title 31, United States Code, is
amended by adding at the end the following:
``(9) Coordination with coordinator for human trafficking
issues.--The office within the OTFI designated by the
Secretary pursuant to paragraph (8) shall coordinate with the
Coordinator for Human Trafficking Issues designated by the
Secretary pursuant to section 316 of title 31, United States
Code.''.
(d) Conforming Amendment.--The table of sections in chapter
3 of subtitle I of title 31, United States Code, is amended
by adding at the end the following:
``316. Coordinator for Human Trafficking Issues.''.
Amendment No. 129 Offered by Mr. Delgado of New York
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. REPORT ON DISCREPANCIES BETWEEN TRICARE PROGRAM AND
CHAMPVA PROGRAM IN CERTAIN COVERAGE STANDARDS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report that details any discrepancies between
the TRICARE program and the CHAMPVA program of the Department
of Veterans Affairs, with respect to coverage standards under
such programs for nursing home care and in-home care.
(b) Matters.--The report under subsection (a) shall
include, with respect to any standard described in such
subsection under the TRICARE program that the Secretary
determines is lower than the corresponding standard under the
CHAMPVA program of the Department of Veterans Affairs, a
description of--
(1) the anticipated cost of aligning such lower standard to
conform with the higher standard; and
(2) any obstacles (including statutory, regulatory, or
other obstacles) to such alignment.
Amendment No. 130 Offered by Mr. Desaulnier of California
At the end of subtitle G of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias in the prosecution and convictions of the Port Chicago
50 following the deadliest home front disaster in World War
II;
(2) the military records of each of the Port Chicago 50
should reflect such exoneration of any and all charges
brought against them in the aftermath of the explosion; and
(3) the Secretary of the Navy should upgrade the general
and summary discharges of
[[Page H4927]]
each of the Port Chicago 50 sailors to honorable discharges.
Amendment No. 131 Offered by Mr. Dunn of Florida
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. FUNDING FOR RAPID SCREENING UNDER DEVELOPMENT OF
MEDICAL COUNTERMEASURES AGAINST NOVEL ENTITIES
PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for Advanced Component
Development & Prototypes, Research, Development, Test, and
Evaluation, Defense-Wide, as specified in the corresponding
funding table in section 4201, for the Chemical and
Biological Defense Program- DEM/VAL, Line 82, is hereby
increased by $4,500,000 for the Development of Medical
Countermeasures Against Novel Entities program of the Defense
Threat Reduction Agency, to allow for the rapid screening of
all compounds approved by the Food and Drug Administration,
and other human-safe compound libraries, to identify optimal
drug candidates for repurposing as medical countermeasures
for COVID-19 and other novel and emerging biological threats.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for Operations and Maintenance,
Defense-Wide, as specified in the corresponding funding table
in 4301, for Defense Media Activity, Line 370, is hereby
reduced by $4,500,000.
Amendment No. 132 Offered by Ms. Escobar of Texas
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.
(a) Further Modification of Department of Defense Form
1391.--Section 2805(a)(1) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended
by striking ``100-year floodplain'' both places it appears
and inserting ``500-year floodplain for mission critical
facilities or a 100-year floodplain for non-mission critical
facilities''.
(b) Reporting Requirements.--Section 2805(a)(3) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraph (A), by inserting before the period at
the end the following: ``using hydrologic, hydraulic, and
hydrodynamic data, methods, and analysis that integrate
current and projected changes in flooding based on climate
science over the anticipated service life of the facility and
future forecasted land use changes''; and
(2) in subparagraph (D), by inserting after ``future'' the
following: ``flood risk and''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraphs (A) and (B), by striking ``buildings''
and inserting ``facilities''; and
(2) in subparagraph (C), by inserting after ``future'' the
following: ``flood risk and''.
(d) Conforming Amendment of Unified Facilities Criteria.--
(1) Amendment required.--Not later than September 1, 2022,
the Secretary of Defense shall amend the Unified Facilities
Criteria relating to military construction planning and
design to ensure that building practices and standards of the
Department of Defense incorporate the minimum flood
mitigation requirements of section 2805(a) of the Military
Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802
note), as amended by this section.
(2) Conditional availability of funds.--Not more than 25
percent of the funds authorized to be appropriated for fiscal
year 2022 for Department of Defense planning and design
accounts relating to military construction projects may be
obligated until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate a certification that the
Secretary--
(A) has initiated the amendment process required by
paragraph (1); and
(B) intends to complete such process by September 1, 2022.
(3) Implementation of unified facilities criteria
amendments.--
(A) Implementation.--Any Department of Defense Form 1391
submitted to Congress after September 1, 2022, shall comply
with the Unified Facilities Criteria, as amended pursuant to
paragraph (1).
(B) Certification.--Not later than March 1, 2023, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate the
completion of the amendment process required by paragraph (1)
and the full incorporation of the amendments into military
construction planning and design.
Amendment No. 133 Offered by Ms. Escobar of Texas
In subtitle D of title XXVIII, insert after section 2831
the following new section (and redesignate subsequent
sections accordingly):
SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING
MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.
(a) Maximum Interval Between Master Plan Development.--
Section 2864(a)(1) of title 10, United States Code, is
amended by striking ``10 years'' and inserting ``five
years''.
(b) Consideration of Military Installation Resilience.--
Section 2864(a)(2)(E) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``and military installation resilience''.
(c) Coordination Related to Military Installation
Resilience Component.--Section 2864(c)(6) of title 10, United
States Code, is amended by inserting after ``Agreements in
effect or planned'' the following: ``and ongoing or planned
coordination''.
(d) Cross Reference to Definition of Military Installation
Resilience.--Section 2864(f) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) The term `military installation resilience' has the
meaning given that term in section 101(e) of this title.''.
amendment no. 134 offered by ms. escobar of texas
Page 741, line 4, insert ``resilient and'' before
``resource-efficient goods''.
Page 741, line 23, insert ``resilient,'' after ``design,
build, and fund''.
Page 741, line 24, strike ``and''.
Page 742, line 6, insert ``and'' after ``social costs;''.
Page 742, after line 6, insert the following new
subparagraph:
(F) designing the technical specifications for assessment
and mitigation of risk to supply chains from extreme weather
and changes in environmental conditions;
Page 742, line 8, insert ``resilient and'' before
``resource-efficient goods''.
Page 742, line 11, strike ``low-carbon'' and insert
``resilience, low-carbon, or''.
Page 743, line 8, strike ``selectpagion'' and insert
``selection''.
amendment no. 135 offered by mr. estes of kansas
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. BRIEFING ON EXPANDED SMALL UNMANNED AIRCRAFT
SYSTEMS CAPABILITY.
The Secretary of Defense shall, not later than January 30,
2022, provide a briefing to the Committee on Armed Services
of the House of Representatives on the evaluation of
commercially available small unmanned aircraft systems
(hereinafter referred to as ``sUAS'') with capabilities that
align with the Department's priorities, including--
(1) the timing of the release of the updated list titled
``Blue sUAS 2.0'' of the Defense Innovation Unit that
contains available fixed wing and multirotor commercial small
unmanned aircraft systems compliant with section 848 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92); and
(2) the advisability and feasibility of adding end-to-end
sUAS solutions to such list, including the sUAS, supporting
field management software, technical support, and training,
all provided as an integrated collection and analysis
capability.
amendment no. 136 offered by mr. evans of pennsylvania
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. WAIVER AUTHORIZATION STREAMLINING.
Section 8(a)(21) of the Small Business Act (15 U.S.C.
637(a)(21)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (F)'';
(2) in subparagraph (B)--
(A) by striking clause (iii); and
(B) by redesignating clauses (iv) and (v) as clauses (iii)
and (iv), respectively;
(3) by moving subparagraph (C) two ems to the left; and
(4) by adding at the end the following new subparagraph:
``(F) In the event either a contract awarded pursuant to
this subsection or ownership and control of a concern
performing a contact awarded pursuant to this subsection will
pass to another small business concern, the requirements of
subparagraph (A) shall not apply if--
``(i) the acquiring small business concern is a program
participant; and
``(ii) upon a request submitted prior to the passage of the
contract or the actual relinquishment of ownership and
control, as applicable, the Administrator (or the delegee of
the Administrator) determines that the acquiring small
business concern would otherwise be eligible to directly
receive the award pursuant to this subsection.''.
amendment no. 137 offered by mr. fitzgerald of wisconsin
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING
MEMBERS OF THE ARMY NATIONAL GUARD AND THE AIR
NATIONAL GUARD.
(a) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and on an annual basis
thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding sexual assaults involving
members of the Army National Guard and the Air National
Guard.
[[Page H4928]]
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) The number of sexual assaults committed against members
of the Army National Guard and the Air National Guard that
were reported to military officials during the year covered
by the report, and the number of cases that were
substantiated.
(2) The number of sexual assaults committed by members of
the Army National Guard or the Air National Guard that were
reported to military officials during the year covered by the
report, and the number of the cases so reported that were
substantiated.
(3) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the action taken in the
case, including the type of disciplinary or administrative
sanction imposed, if any, including courts-martial sentences,
nonjudicial punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice), and
administrative separations.
(4) The policies, procedures, and processes implemented by
the Chief of the National Guard Bureau during the year
covered by the report in response to incidents of sexual
assault involving members of the Army National Guard or the
Air National Guard.
(c) Presentation of Certain Information.--The information
required under paragraphs (1) and (2) of subsection (b) shall
be set forth separately for each such paragraph and may not
be combined.
(d) Consultation.--In preparing each report under
subsection (a), the Secretary of Defense shall consult with--
(1) Under Secretary of Defense for Personnel and Readiness;
(2) the Chief of the National Guard Bureau; and
(3) the heads of such other organizations and elements of
the Department of Defense as the Secretary determines
appropriate.
amendment no. 138 offered by mr. fortenberry of nebraska
Add at the end of subtitle C of title XIII the following:
SEC. 13__. SENSE OF CONGRESS RELATING TO THE GRAND ETHIOPIAN
RENAISSANCE DAM.
It is the sense of Congress that it is in the best
interests of the region for Egypt, Ethiopia, and Sudan to
immediately reach a just and equitable agreement regarding
the filling and operation of the Grand Ethiopian Renaissance
Dam.
amendment no. 139 offered by mr. foster of illinois
Add at the end of subtitle D of title XVI the following new
section:
SEC. 16__. STUDIES BY PRIVATE SCIENTIFIC ADVISORY GROUP KNOWN
AS JASON.
(a) Study on Discrimination Capabilities of the Ballistic
Missile Defense System.--
(1) Findings.--Congress finds the following:
(A) Section 237 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2236)
required the Secretary of Defense to enter into an
arrangement with the private scientific advisory group known
as JASON under which JASON carried out a study on the
discrimination capabilities and limitations of the ballistic
missile defense system of the United States.
(B) Since the completion of this study, rogue nation
threats have changed and capabilities of the missile defense
system have evolved.
(2) Update.--The Secretary of Defense shall enter into an
arrangement with the private scientific advisory group known
as JASON under which JASON shall carry out an update to the
study conducted pursuant to section 237 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2236) on the discrimination capabilities
and limitations of the missile defense system of the United
States, including such discrimination capabilities that exist
or are planned as of the date of the study.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
study.
(4) Form.--The report under paragraph (2) may be submitted
in classified form, but shall contain an unclassified
summary.
(b) Report on JASON.--Not later than 90 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
congressional defense committees a report on the private
scientific advisory group known as JASON. The report shall
include the following:
(1) The status of the contract awarded by the Secretary of
Defense to JASON.
(2) Identification of the studies undertaken by JASON
during the two fiscal years occurring before the date of the
report.
(3) The level of funding required to ensure the continued
ability of JASON to provide high-quality technical,
scientifically informed advice to the Department of Defense
and the broader United States Government.
(4) Whether the Under Secretary is committed to ensuring
adequate funding and continued departmental support for
JASON.
(5) Any impediments encountered by the Under Secretary in
continuing to contract with JASON.
Amendment No. 140 offered by mr. gallagher of wisconsin
At the end of title LX, add the following new section:
SEC. 60__. NATIONAL SECURITY COMMISSION ON SYNTHETIC BIOLOGY.
(a) Establishment.--
(1) In general.--There is established in the executive
branch a commission to review advances and develop a
consensus on a strategic approach to advance American
national security and competitiveness in synthetic biology,
related bioengineering and genetics developments, and
associated technologies.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``National Security
Commission on Synthetic Biology'' (referred to in this
section as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Deputy Secretary of Defense.
(ii) The Deputy Secretary of Commerce.
(iii) The Deputy Secretary of Health and Human Services.
(iv) The Principal Deputy Director of National
Intelligence.
(v) Three members appointed by the majority leader of the
Senate, one of whom shall be a member of the Senate and two
of whom shall not be.
(vi) Three members appointed by the minority leader of the
Senate, one of whom shall be a member of the Senate and two
of whom shall not be.
(vii) Three members appointed by the Speaker of the House
of Representatives, one of whom shall be a member of the
House of Representatives and two of whom shall not be.
(viii) Three members appointed by the minority leader of
the House of Representatives, one of whom shall be a member
of the House of Representatives and two of whom shall not be.
(B) Qualifications.--
(i) The members of the Commission who are not members of
Congress and who are appointed under clauses (v) through
(viii) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) synthetic biology or related bioengineering;
(II) genetic developments;
(III) use of life sciences technologies by national
policymakers and military leaders; or
(IV) the implementation, funding, or oversight of the
national security policies of the United States.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if
such individual possesses any personal or financial interest
in the discharge of any of the duties of the Commission.
(iii) All members of the Commission described in clause (i)
shall possess an appropriate security clearance in accordance
with applicable provisions of law concerning the handling of
classified information.
(2) Co-chairs.--
(A) In general.--The Commission shall have two co-chairs,
selected from among the members of the Commission.
(B) Party affiliation.--One co-chair of the Commission
shall be a member of the Democratic Party, and one co-chair
shall be a member of the Republican Party.
(C) Selection.--The individuals who serve as the co-chairs
of the Commission shall be jointly agreed upon by the
President, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives.
(c) Appointment; Initial Meeting, Terms.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(2) Initial meeting.--The Commission shall hold its initial
meeting on or before the date that is 60 days after the date
of the enactment of this Act.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairs of the Commission.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum for purposes of conducting business,
except that two members of the Commission shall constitute a
quorum for purposes of receiving testimony.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day after 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority
of the members of the Commission as of such day.
(5) Effect of lack of appointment.--If one or more
appointments under subsection (b) is not made by the
appointment date specified in subsection (c), the authority
to make such appointment or appointments shall expire, and
the number of members of the Commission shall be reduced by
the number equal to the number of appointments so not made.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the
[[Page H4929]]
members of the Commission voting and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for
purposes of carrying out the duties of the Commission under
this title. The actions of any such panel shall be subject to
the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered
the findings and determinations of the Commission unless
approved by the Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this title.
(f) Duties.--
(1) In general.--The Commission shall carry out the review
described in paragraph (2). In carrying out such review, the
Commission shall consider the methods and means necessary to
advance the development of synthetic biology, bioengineering,
and associated technologies by the United States to
comprehensively address the national security and defense
needs of the United States.
(2) Scope of the review.--In conducting the review
described in this subsection, the Commission shall consider
the following:
(A) The competitiveness of the United States in synthetic
biology, bioengineering, and associated technologies,
including matters related to national security, defense,
public-private partnerships, and investments.
(B) Means and methods for the United States to maintain a
technological advantage in synthetic biology, bioengineering,
and other associated technologies related to national
security and defense.
(C) Developments and trends in international cooperation
and competitiveness, including foreign investments in
synthetic biology, bioengineering, and genetics fields that
are materially related to national security and defense.
(D) Means by which to foster greater emphasis and
investments in basic and advanced research to stimulate
private, public, academic, and combined initiatives in
synthetic biology, bioengineering, and other associated
technologies, to the extent that such efforts have
application materially related to national security and
defense.
(E) Workforce and education incentives to attract and
recruit leading talent in synthetic biology and
bioengineering disciplines, including science, technology,
engineering, and biology and genetics programs.
(F) Risks associated with adversary advances in military
employment of synthetic biology and bioengineering, including
international law of armed conflict, international
humanitarian law, and escalation dynamics.
(G) Associated ethical considerations related to synthetic
biology, bioengineering, and genetics as it will be used for
future applications related to national security and defense.
(H) Means to establish international genomic data standards
and incentivize the sharing of open training data within
related national security and defense synthetic biology-
driven industries.
(I) Consideration of the evolution of synthetic biology and
bioengineering and appropriate mechanisms for managing such
technology related to national security and defense.
(J) Any other matters the Commission deems relevant to the
common defense of the Nation.
(g) Powers of Commission.--
(1) In general.--(A) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions
of this section--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(ii) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as
the Commission or such designated subcommittee or designated
member considers necessary.
(B) Subpoenas may be issued under subparagraph (A)(ii)
under the signature of the co-chairs of the Commission, and
may be served by any person designated by such co-chairs.
(C) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C. 192-194)
shall apply in the case of any failure of a witness to comply
with any subpoena or to testify when summoned under authority
of this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation
Acts, enter into contracts to enable the Commission to
discharge its duties under this title.
(3) Information from federal agencies.--(A) The Commission
may secure directly from any executive department, agency,
bureau, board, commission, office, independent establishment,
or instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes of
this title.
(B) Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality shall,
to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the co-chairs of the Commission.
(C) The Commission shall handle and protect all classified
information provided to it under this section in accordance
with applicable statutes and regulations.
(4) Assistance from federal agencies.--(A) The Secretary of
Defense shall provide to the Commission, on a nonreimbursable
basis, such administrative services, funds, staff,
facilities, and other support services as are necessary for
the performance of the Commission's duties under this title.
(B) The Director of National Intelligence may provide the
Commission, on a nonreimbursable basis, with such
administrative services, staff, and other support services as
the Commission may request.
(C) In addition to the assistance set forth in paragraphs
(1) and (2), other departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support as such departments and
agencies consider advisable and as may be authorized by law.
(D) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary, as
jointly determined by the co-chairs selected under subsection
(b)(2), for the fulfillment of the duties of the Commission,
including the provision of full and current briefings and
analyses.
(5) Postal services.--The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff of Commission.--
(1) In general.--(A) The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of such title.
(B) Any Federal Government employee may be detailed to the
Commission without reimbursement from the Commission, and
such detailee shall retain the rights, status, and privileges
of his or her regular employment without interruption.
(C) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regulations
concerning the handling of classified information.
(2) Consultant services.--(A) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
such title.
(B) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
(i) Compensation and Travel Expenses.--
(1) Compensation.--(A) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission under this
title.
(B) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay by reason of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Treatment of Information Relating to National
Security.--
(1) In general.--(A) The Director of National Intelligence
shall assume responsibility for the handling and disposition
of any information related to the national security of the
United States that is received, considered, or used by the
Commission under this title.
(B) Any information related to the national security of the
United States that is provided to the Commission by a
congressional intelligence committees or the congressional
armed services committees may not be further provided or
released without the approval of the chairman of such
committees.
(2) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (k)(2), only
the members and designated staff of the congressional
intelligence committees, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the
[[Page H4930]]
executive branch as the President may designate shall have
access to information related to the national security of the
United States that is received, considered, or used by the
Commission.
(k) Reports; Termination.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress an initial report on the findings
of the Commission and such recommendations that the
Commission may have for action by the executive branch and
Congress related to synthetic biology, bioengineering, and
associated technologies, including recommendations to more
effectively organize the Federal Government.
(2) Annual comprehensive reports.--Not later than one year
after the date of this enactment of this Act, and every year
thereafter annually, until the date specified in subsection
(e), the Commission shall submit a comprehensive report on
the review required under subsection (b).
(3) Termination.--The Commission, and all the authorities
of this section, shall terminate on October 1, 2023.
(l) Assessments of Annual Comprehensive Reports.--Not later
than 60 days after receipt of the annual comprehensive
report(s) under subsection (k)(2), the Secretary of Defense,
the Secretary of Commerce, the Secretary of Health and Human
Services, and the Director of National Intelligence shall
each submit to congress an assessment by the Director or the
Secretary, as the case may be, of the final report. Each
assessment shall include such comments on the findings and
recommendations contained in the final report as the Director
or Secretary, as the case may be, considers appropriate.
(m) Inapplicability of Certain Administrative Provisions.--
(1) Federal advisory committee act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the activities of the Commission under this section.
(2) Freedom of information act.--The provisions of section
552 of title 5, United States Code (commonly referred to as
the Freedom of Information Act), shall not apply to the
activities, records, and proceedings of the Commission under
this section.
(n) Funding.--
(1) In general.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for admin & servicewide activities, Office
of the Secretary of Defense, line 540, is hereby increased by
$10,000,000 (to be made available in support of the
Commission under this subtitle).
(2) Availability.--Subject to paragraph (1), the Secretary
of Defense shall make available to the Commission such
amounts as the Commission may require for purposes of the
activities of the Commission under this section.
(3) Duration of availability.--Amounts made available to
the Commission under paragraph (2) shall remain available
until expended.
(4) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program, for
Private Sector Care, as specified in the corresponding
funding table in section 4501, is hereby reduced by
$10,000,000.
(o) Definitions.--In this section--
(1) Synthetic biology.--The term ``synthetic biology''
means the design and construction of new biological parts
devices and systems and the re-design of existing, natural
biological systems for useful purposes.
(2) Biomanufacturing.--The term ``biomanufacturing'' means
the utilization of biological systems to develop new and
advance existing products, tools, and processes at commercial
scale.
(3) Bioengineering.--The term ``bioengineering'' means the
application of engineering design principles and practices to
biological systems, including molecular and cellular systems,
to advance fundamental understanding of complex natural
systems and to enable novel or optimize functions and
capabilities.
amendment no. 141 offered by mr. gallagher of wisconsin
Add at the appropriate place in title LX the following new
section:
SEC. 60__. REQUIREMENTS RELATING TO UNMANNED AIRCRAFT
SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and Technology, and
the Committee on Transportation and Infrastructure of the
House of Representatives; and
(C) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council that
includes entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of Defense, determines poses a national
security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(3) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41,
United States Code.
(4) Unmanned aircraft system; uas.--Except as otherwise
provided, the terms ``unmanned aircraft system'' and ``UAS''
mean an unmanned aircraft and associated elements (consisting
of communication links and the components that control the
unmanned aircraft) that are required for the operator to
operate safely and efficiently in the national airspace
system.
(b) Prohibition on Procurement of Unmanned Aircraft Systems
From Covered Foreign Entities.--
(1) In general.--Except as provided under paragraphs (2)
and (3), the head of an executive agency may not procure any
unmanned aircraft system that is manufactured, assembled,
designed, or patented by a covered foreign entity that are
required for the operator to operate safely and efficiently
in the national airspace system. The Federal Acquisition
Security Council, in coordination with the Secretary of
Transportation, shall develop and update a list of associated
elements.
(2) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under paragraph (1) if the operation or
procurement--
(A) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-UAS technology;
(iv) counterterrorism or counterintelligence activities; or
(v) Federal criminal investigations, including forensic
examinations; and
(B) is required in the national interest of the United
States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1)--
(A) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(B) upon notification to Congress.
(c) Prohibition on Operation of Unmanned Aircraft Systems
From Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, an executive
agency may not operate an unmanned aircraft system
manufactured, assembled, designed, or patented by a covered
foreign entity.
(B) Applicability to contracted services.--The prohibition
under subparagraph (A) applies to any unmanned aircraft
systems that are being used by any executive agency through
the method of contracting for the services of unmanned
aircraft systems.
(2) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt
from the restriction under paragraph (1) if the operation or
procurement--
(A) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-UAS technology;
(iv) counterterrorism or counterintelligence activities; or
(v) Federal criminal investigations, including forensic
examinations; and
(B) is required in the national interest of the United
States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis--
(A) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(B) upon notification to Congress.
(4) Regulations and guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall prescribe regulations or guidance to
implement this section.
(d) Prohibition on Use of Federal Funds for Purchases and
Operation of Unmanned Aircraft Systems From Covered Foreign
Entities.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, except as
provided in paragraphs (2) and (3), Federal funds awarded
through a contract, grant, or cooperative agreement entered
into on or after such effective date, or otherwise made
available, may not be used--
[[Page H4931]]
(A) to purchase a unmanned aircraft system, or a system to
counter unmanned aircraft systems, that is manufactured,
assembled, designed, or patented by a covered foreign entity;
or
(B) in connection with the operation of such a drone or
unmanned aircraft system.
(2) Exemption.--An executive agency is exempt from the
restriction under paragraph (1) if the operation or
procurement is for the sole purposes of research, evaluation,
training, testing, or analysis, as determined by the
Secretary of Homeland Security, the Secretary of Defense, or
the Attorney General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence activities;
(E) Federal criminal investigations, including forensic
examinations; or
(F) the safe integration of UAS in the national airspace
(as determined in consultation with the Secretary of
Transportation); and
(G) is required in the national interest of the United
States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis--
(A) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(B) upon notification to Congress.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as
necessary, to implement the requirements of this section
relating to Federal contracts.
(e) Prohibition on Use of Government-issued Purchase Cards
to Purchase Unmanned Aircraft Systems From Covered Foreign
Entities.--Effective immediately, Government-issued Purchase
Cards may not be used to procure any unmanned aircraft system
from a covered foreign entity.
(f) Management of Existing Inventories of Unmanned Aircraft
Systems From Covered Foreign Entities.--
(1) In general.--Effective immediately, all executive
agencies must account for existing inventories of unmanned
aircraft systems manufactured, assembled, designed, or
patented by a covered foreign entity in their personal
property accounting systems, regardless of the original
procurement cost, or the purpose of procurement due to the
special monitoring and accounting measures necessary to track
the items' capabilities.
(2) Classified tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to unmanned aircraft
systems manufactured, assembled, designed, or patented by a
covered foreign entity may be tracked at a classified level.
(3) Exceptions.--The Department of Defense and Department
of Homeland Security may exclude from the full inventory
process, unmanned aircraft systems that are deemed expendable
due to mission risk such as recovery issues or that are one-
time-use unmanned aircraft system due to requirements and low
cost.
(g) Comptroller General Report.--Not later than 275 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on the amount of commercial off-the-shelf drones and
unmanned aircraft systems procured by Federal departments and
agencies from covered foreign entities.
(h) Government-wide Policy for Procurement of Unmanned
Aircraft Systems.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the
Department of Justice, and other Departments as determined by
the Director of the Office of Management and Budget, and in
consultation with the National Institute of Standards and
Technology, shall establish a government-wide policy for the
procurement of UAS--
(A) for non-Department of Defense and non-intelligence
community operations; and
(B) through grants and cooperative agreements entered into
with non-Federal entities.
(2) Information security.--The policy developed under
paragraph (1) shall include the following specifications,
which to the extent practicable, shall be based on industry
standards and technical guidance from the National Institute
of Standards and Technology, to address the risks associated
with processing, storing and transmitting Federal information
in a UAS:
(A) Protections to ensure controlled access of UAS.
(B) Protecting software, firmware, and hardware by ensuring
changes to UAS are properly managed, including by ensuring
UAS can be updated using a secure, controlled, and
configurable mechanism.
(C) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy
data and other controlled unclassified information.
(D) Appropriate safeguards necessary to protect sensitive
information, including during and after use of UAS.
(E) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(F) The ability to opt out of the uploading, downloading,
or transmitting of data that is not required by law or
regulation and an ability to choose with whom and where
information is shared when it is required.
(3) Requirement.--The policy developed under paragraph (1)
shall reflect an appropriate risk-based approach to
information security related to use of UAS.
(4) Revision of acquisition regulations.--Not later than
180 days after the date on which the policy required under
paragraph (1) is issued--
(A) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to
implement the policy; and
(B) any executive agency or other Federal entity not
subject to, or not subject solely to, the Federal Acquisition
Regulation shall revise applicable policy, guidance, or
regulations, as necessary, to implement the policy.
(5) Exemption.--In developing the policy required under
paragraph (1), the Director of the Office of Management and
Budget shall incorporate an exemption to the policy for the
following reasons:
(A) In the case of procurement for the purposes of
training, testing, or analysis for--
(i) electronic warfare; or
(ii) information warfare operations.
(B) In the case of researching UAS technology, including
testing, evaluation, research, or development of technology
to counter UAS.
(C) In the case of a head of the procuring executive agency
determining, in writing, that no product that complies with
the information security requirements described in paragraph
(2) is capable of fulfilling mission critical performance
requirements, and such determination--
(i) may not be delegated below the level of the Deputy
Secretary of the procuring executive agency;
(ii) shall specify--
(I) the quantity of end items to which the waiver applies,
the procurement value of which may not exceed $50,000 per
waiver; and
(II) the time period over which the waiver applies, which
shall not exceed 3 years;
(iii) shall be reported to the Office of Management and
Budget following issuance of such a determination; and
(iv) not later than 30 days after the date on which the
determination is made, shall be provided to the Committee on
Homeland Security and Government Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
(i) Study on the Supply Chain for Unmanned Aircraft Systems
and Components.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment, in consultation with
the Administrator of the National Aeronautics and Space
Administration, shall provide to the appropriate
congressional committees a report on the supply chain for
covered unmanned aircraft systems, including a discussion of
current and projected future demand for covered unmanned
aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current and future global and
domestic market for covered unmanned aircraft systems that
are not widely commercially available except from a covered
foreign entity.
(B) A description of the sustainability, availability,
cost, and quality of secure sources of covered unmanned
aircraft systems domestically and from sources in allied and
partner countries.
(C) The plan of the Secretary of Defense to address any
gaps or deficiencies identified in subparagraph (B),
including through the use of funds available under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and
partnerships with the National Aeronautics and Space
Administration and other interested persons.
(D) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(3) Covered unmanned aircraft system defined.--In this
subsection, the term ``covered unmanned aircraft system''
means an unmanned aircraft system (as defined in subsection
(a)) and any components of such a system.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Washington (Mr. Smith) and the gentleman from Alabama
(Mr. Rogers) each will control 15 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Let me express my deep appreciation to the committee
and staff for helping us zero in on a couple of things that are
longstanding interests of mine.
One is an amendment requiring the Department of Defense to have a
cost estimate and program evaluation for unexpected cost increases for
the W80-40 nuclear warhead life extension program. I appreciate this
giving us a little more information.
[[Page H4932]]
But I would like to focus on one particular area that has been deeply
troubling me for years. I have, in the middle of the city of Portland,
a Superfund site that people have been working on cleaning up the toxic
residue of years. And one party has not been a part of this effort, the
Department of Defense.
The Department of Defense built and decommissioned battleships for
World War I, World War II, and the Korean war in the heart of the city.
We have been working on a hundreds-of-millions-of-dollars cleanup
working with the private sector, working with individuals, with
utilities, and local governments. The Federal Government has been
missing in action.
We found this last summer as we were starting some of the remedial
cleanup. Over 400 shells were dug up, and still, the Department of
Defense is missing in action, not taking responsibility for cleaning up
the toxic legacy of military activities in my community and around the
country.
I have worked on this for years. I have been extraordinarily
frustrated that the Department of Defense pushes this responsibility
off. It is time to change. I appreciate what the committee has done. I
hope this is a new era.
Mr. ROGERS of Alabama. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, this is an en bloc that was put together in close
consultation with the minority. I urge all Members to support it, and I
reserve the balance of my time.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from Tennessee (Mr. Cohen).
Mr. COHEN. Madam Speaker, I thank Chairman Smith and Ranking Member
Rogers for their hard work on this bill.
I have two amendments that have been added into this amendment. The
first puts anticorruption at the core of U.S. foreign policy,
reflecting the Biden administration's declaration that corruption is a
national security threat, and indeed it is.
As the House chair of the bipartisan and bicameral Helsinki
Commission, bipartisan foreign policy to promote human rights and
counter corruption is deeply important to our group and to our Nation.
Corruption is the fuel of human rights abuse, and dictatorship is the
primary means by which dictators and their cronies influence government
and society.
Madam Speaker, I want to thank the large group of bipartisan
colleagues who supported this amendment, many of whom are members of
the Counter-Kleptocracy Caucus. A special thank-you to Representatives
Malinowski and Salazar, whose Combating Global Corruption Act is also
included in the amendment.
The other amendment would require the Secretary of Defense to attempt
to recover the Afghan aircraft that the U.S. provided to the Afghan
Government and were flown out of the country by Afghan pilots fleeing
the Taliban. These aircraft were purchased with U.S. tax dollars and
should be returned to us. They are in Uzbekistan and other countries. I
am sure the Taliban would like to get them back, but they should come
back to the USA.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Ohio (Mr. Chabot).
Mr. CHABOT. Madam Speaker, I rise first in support of my amendment,
the Gray Zone Assessment Act.
Whether we look at the annexation of Crimea, the militarization of
the South China Sea, the economic coercion of Australia, or the
cyberattacks that have stolen our data and crippled our industries, we
see the same pattern. Our adversaries are using methods of coercion
that lie somewhere in the so-called gray zone, between war and peace.
To make matters worse, thus far, we seem incapable of effectively
responding to this aggression. It is well past time that we have a
viable response.
Experts have identified several causes for our failure to deter these
gray zone campaigns--in particular, our weakness at coordinating all of
our tools of national power by requiring the GAO to take a hard look at
these problems. My amendment aims to move forward a process of reform
that will enable us to effectively counter the shadow war that China,
Russia, and others are waging against us and against the free world.
I would also like to voice my support for Mr. Connolly's amendment,
No. 114, the Global Health Security Act. After 18 months of lockdowns,
masks, social distancing, school closures, and, worst of all, a
mounting death toll, COVID-19 has taught us that a disease that starts
at the other side of the world can pose a direct national security
threat right here in America.
Back at the end of 2018, before COVID-19 even existed, Mr. Connolly
and I recognized this threat and believed that Congress needed to
support, direct, and provide oversight for our global health security
work abroad.
We introduced the bipartisan Global Health Security Act to strengthen
the U.S. and global capacity to better respond to outbreaks like COVID-
19. Passing this amendment will help us be prepared for the next virus
so that it does not become a pandemic like this one did.
Madam Speaker, I urge my colleagues to support this amendment, and I
again thank the ranking member and the chair.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from New Jersey (Mr. Pallone).
Mr. PALLONE. Madam Speaker, I thank Chairman Smith and his team for
including several important amendments to this year's National Defense
Authorization Act, and that includes my amendment that requires a
report from the Department of Defense addressing instances where U.S.
security assistance is given to foreign military units known to have
committed gross human rights violations.
This amendment specifically focuses on the section 333 Building
Partner Capacity Program, which has sent enormous sums of American
taxpayer dollars to authoritarian and human rights-abusing regimes.
A prime example of the program's problematic nature is the $100
million given to Azerbaijani President Aliyev's regime in fiscal years
2018 and 2019. As Azerbaijan was still receiving equipment and training
from the U.S. military, they began a deadly attack against Nagorno-
Karabakh, or Artsakh, on September 27, that led to the death of
thousands and the displacement of so many more.
Passage of this amendment sends a clear signal that the United States
takes seriously its democratic norms and commitment to peace by
ensuring oversight of our security assistance. I hope it leads to
future restraint from aiding and tolerating similar regimes in the
future, especially when their actions are aimed at destabilizing a
fellow democracy.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes the gentleman
from Texas (Mr. Pfluger), one of our outstanding freshmen.
Mr. PFLUGER. Madam Speaker, I rise today in support of the 2022
National Defense Authorization Act, and I applaud the efforts of
Chairman Smith and Ranking Member Rogers to bring this bipartisan bill
to the floor.
This bill boosts defense funding in line with the recommended 3 to 5
percent real growth needed to maintain our competitive edge over China.
The debacle in Afghanistan has weakened our position on the global
stage and is a propaganda boon for our adversaries seeking to dismantle
the democratic world order. There is no doubt that China and Russia are
eyeing this opportunity to cast doubts on U.S. resolve and our
commitments. It is imperative that we reassure our allies and partners
of American strength at every turn.
China is building its military and technological capabilities, and
these investments will help achieve the next-generation joint fighting
force, specifically of air and sea power.
I am an F-22 pilot and have flown against some of the world's most
technologically advanced weapons systems. Now is the time that we need
to take this seriously. Every threat around the world is looking at our
vulnerabilities, and it is this body's work that will help us maintain
those competitive advantages.
To meet these challenges head-on, we must fully embrace the whole-of-
government approach to counter any malign intentions.
Congress is integral to this concept, and we must recognize these
challenges and respond with strength at this time. We should not let
perfect be the enemy
[[Page H4933]]
of good, and we cannot delay this legislation at all. The strength of
our military is at stake.
The readiness and lethality that the warfighters so desperately need,
which this bill includes, is absolutely imperative to making sure the
United States can meet any challenges and defeat any enemy around the
world.
Madam Speaker, I urge passage of the underlying bill, and I look
forward to ironing out our differences through the conference process.
{time} 1515
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from California (Mr. Correa).
Mr. CORREA. Madam Speaker, I thank Chairman Smith for all his hard
work on the NDAA. I fully support this measure.
Madam Speaker, I rise in strong support of en bloc 1 which includes
my two amendments, amendment No. 29 that creates an Afghan refugee
special envoy position and amendment No. 117 that requires the
Department of Veterans Affairs to ensure that all women veterans
receive quality healthcare in a safe and dignified manner and on a
timely basis.
The Afghan refugee position assures that our allies who fought
alongside American soldiers for 20 years receive the support that they
need to resettle in the United States and are integrated into our great
Nation.
Madam Speaker, I urge my colleagues to support amendments en bloc 1
and to support my amendments, No. 29 and No. 117.
Mr. ROGERS of Alabama. Madam Speaker, I have some more speakers who
aren't ready to speak right now, so at this time I reserve the balance
of my time.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from Massachusetts (Mr. Auchincloss).
Mr. AUCHINCLOSS. Madam Speaker, I thank the chairman for including my
two amendments so that we may learn from the mistakes of the forever
wars and ensure the Taliban cannot benefit from our financial system.
I served in Afghanistan's Helmand Province. I saw what began as a
counterterrorism mission mutate under President Bush into a $1 trillion
boondoggle of a counterinsurgency.
My first amendment ensures that Congress' Afghanistan Commission can
access the classified documents behind the forever war and hold to
account those decision makers who let the fallacy of sunk costs guide
their continual investments of time, troops, and treasure into an
unwinnable war.
My second amendment directs the Treasury Department to closely
monitor illicit financing flowing to the Taliban. This safeguards our
financial system and ensures the Taliban can't use it to finance
terrorist activities. At the close of this war, we must move forward
with the assurance that we will learn from history.
Madam Speaker, to increase transparency and counter the Taliban, I
urge adoption of this en bloc package.
Mr. ROGERS of Alabama. Madam Speaker, I reserve the balance of my
time.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Chu).
Ms. CHU. Madam Speaker, I rise today in support of my two amendments
to the NDAA to ensure the Pentagon pays attention to the most
vulnerable, both within the ranks and within the theaters of war, where
they operate.
My first amendment is a response to the ongoing but still poorly
understood problem of hazing in the military. For years, unchecked
hazing has been eroding unit cohesion and troop morale. Too many, like
my own nephew, Harry Lew, have died by suicide after having been
mercilessly hazed by their fellow soldiers.
Stopping this requires understanding the problem, which is why this
amendment extends regular reports through 2027 on hazing and what the
Pentagon is doing to address it.
My second amendment is a response to the horrific August drone strike
in Kabul that killed at least 10 civilians. This kind of mistake is
inexcusable. These families can never get their loved ones back, but
with just compensation they can begin to rebuild their lives. Accepting
our responsibility is the bare minimum of what they deserve.
Madam Speaker, I urge support of this en bloc package.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentlewoman from Florida (Mrs. Cammack), who is another outstanding
freshman Member.
Mrs. CAMMACK. Madam Speaker, I thank my friend, Mr. Rogers, for
yielding.
Madam Speaker, my amendment No. 84 would require a report on the
feasibility of establishing a Customs and Border Protection
preclearance facility in Taiwan.
Last year, Taipei International Airport applied to offer customs
preclearance with strong support and calls for approval of their
application on both sides of the Pacific.
Taiwan would be the first country in East Asia to offer preclearance,
an excellent choice given our close economic ties with the island, our
shared values, and our ever-more critical security partnership.
Madam Speaker, I urge my colleagues to support this amendment to
enhance travel between the United States and Taiwan.
Secondarily, I rise in support of my amendment which would require
the Secretary to conduct an anonymous survey to determine the effects
of the COVID-19 vaccine mandate on both reenlistment and recruitment to
the Armed Forces.
I am not anti-vaccine, but I am 100 percent anti-mandate. Individuals
should be able to choose what is best for them and their families in
consultation with their doctors. They should not be forced to take a
vaccine by government at any level.
I believe my colleagues who are pro-vaccine mandates should support
this amendment to determine what effects the mandate at DOD will have
on both reenlistment and recruitment. We need to know what, if any,
effect this policy will have on our national security and our
readiness.
Madam Speaker, I urge my colleagues to support this amendment.
Mr. SMITH of Washington. Madam Speaker, I am prepared to close at
this time.
Mr. ROGERS of Alabama. Madam Speaker, I urge support of the
amendments en bloc, and I yield back the balance of my time.
Mr. SMITH of Washington. Madam Speaker, I too urge support of the
amendments en bloc, and I yield back the balance of my time.
Ms. CHENEY. Madam Speaker, I rise in support of my amendments
included in En Bloc No. 1. My first amendment, No. 100, would require
DoD to develop more distributed military and Intelligence Community
satellite architectures through a limitation of funds until Secretary
of Defense certifies that the Secretary of Air Force is carrying out
the program and the appropriate report on implementation is provided.
His amendment was part of a China Task Force recommendation from last
year that was dropped from the FY21 NDAA, despite its inclusion in the
report. Section 1607 of the FY2020 NDAA mandated that the Secretary
establish a program to prototype an M-code based, multi-global
navigation satellite system receiver that is capable of receiving
covered signals with the intent to increase the resilience and
capability of military position and navigation equipment. This program
would as a result deter the liklihood of attack on the worldwide Global
Positioning System by reducing the benefits of such an attack. In last
year's annual report to congress, the ``Military and Security
Developments involving the People's Republic of China'' highlighted PRC
military strategists increasing development of capabilities that
utilize space-based systems and to deny use of space-based systems to
adversaries as central to modern warfare. The report further cites
China's strengthening of its military space capabilities despite its
public stance against the militarization of space. This program is
critical to countering the CCP's intent to reduce U.S. competitive
technological advantage in space. Just this spring, the DNI's annual
Threat Assessment highlighted the PRC's advancing interests in
advancements in the space domain, detailing China's intent to continue
to develop craft to intercept, capture, or destroy US satellites.
Additionally, this past summer Director of Intelligence for Indo-
Pacific Command, Rear Adm. Studeman repeated similar concerns: ``From
dazzling to jamming, to kinetic kill-from-the-ground, from space--all
that, they're on the march. They take a look at our space capability
and want to equal and exceed those and be able to dominate to guarantee
themselves the maneuvering they need to be able to secure their
objectives if they're in a fight.'' It is critical that as we further
develop space-capabilities we
[[Page H4934]]
do so by prioritizing resilience in these systems as our adversaries
continue to develop technology to not just rival, but dominate our
efforts in the space domain.
My second amendment included in this En Bloc, No. 101, would prohibit
the Secretary of the Interior from altering the designation of uranium
as a critical mineral until a report assessing the effects of the loss
of domestic uranium production. The Secretary of Defense, in
coordination with the Secretaries of Energy and Commerce, are to
conduct the assessment of the national security impact of removing
uranium from the list and submit a follow-up report. The U.S.
Geological Survey, which updates the critical minerals list every three
years, published its revised methodology published in May noting that
``Fuel minerals, including uranium, were explicitly excluded from
consideration in this analysis.'' Removing uranium from this list, as
the Biden Administration is proposing, is another effort to cave to the
whims of environmental groups. The impact of this is not exclusive to
national security. Domestic uranium production has almost completely
idled and the source of uranium for our reactors has increasingly
become foreign state-owned entities. Keeping it as a resource on the
list will go a long way to restoring and securing American uranium
production.
Producing less energy at home means that we are forced to rely on our
adversaries for these critical resources, emboldening them and
weakening our global standing as they attempt to undermine our
interests. U.S.-origin uranium is critical to national defense for the
purpose of nuclear weapons and the naval fleet, providing propulsion
for 11 aircraft carriers and 70 submarines. Many international nuclear
cooperation agreements to which the United States is a party, restrict
the use of nuclear material imported under those agreements to peaceful
uses. The United States requires U.S.-origin uranium and nuclear
technologies for use in the production of uranium-based products for
U.S. defense systems, with no foreign obligations that restrict the
uses of such nuclear material. At this time, there is only one
functional enrichment facility in the United States despite employing
three major defense systems that require highly-enriched uranium.
Removing uranium from the critical minerals list would be a dangerous
and misguided decision as it is a vital component to both our national
security and energy security. We cannot continue to rely on unfriendly
nations that leverage energy dominance for geopolitical influence.
These amendments are important additions to the National Defense
Authorization Act and highlight the diverse challenges to our national
security. I am encouraged by their inclusion into En Bloc No. 1 and
urge adoption into the final bill.
Mr. SCOTT of Virginia. Madam Speaker, I rise today in opposition to
Amendment No. 3, which directs the Office of Management and Budget
(OMB) to reclassify public safety telecommunications officers, also
called 911 dispatchers, as a protective service occupation in the U.S.
Government's Standard Occupational Classification (SOC) system. This
Amendment would have no direct effect on these workers' wages,
benefits, or other resources; proponents of this reclassification have
stated that it ``would provide validation.''
The SOC classification system is a federal statistical standard used
across agencies in data collection. According to OMB, ``[t]he SOC is
designed exclusively for statistical purposes.'' Changes to the codes
affect multiple data sources frequently used by policymakers,
researchers, and employers, including the American Community Survey,
the nation's largest household survey; the Current Population Survey
(CPS), the key source of our monthly employment numbers; and the
Occupational Employment Statistics (OES), the authoritative source of
employment and wage information by occupation. These changes would
undermine the intent and legitimacy of the SOC by deviating from the
long-established process designed to ensure the objectivity and
integrity statistical data classifications more broadly.
A standing committee at OMB, the SOC Policy Committee (SOCPC), is
responsible maintaining the accuracy of these codes using well-defined
principles. The SOCPC undertakes a routine revision of the codes
roughly once per decade; the process spans multiple years and
``involves extensive background research, periods of public comment,
review of comments, and implementation of revisions.'' During its
latest revision, which began in early 2012 and was finalized in 2018,
OMB specifically rejected comments requesting it reclassify 911
dispatchers as directed in Amendment No. 3. In its response to public
comments presented in the May 2014 Federal Register, the Obama
Administration's OMB explained it ``did not accept these
recommendations based on Classification Principle 2, which states that
workers are coded according to the work performed. The work performed
is that of a dispatcher, not a first responder.'' In 2016, OMB declined
a similar request for reclassification. Based on the principles OMB's
policy committee applies to determine SOC codes, 911 telephone
dispatchers are already properly and accurately classified. This point
was reiterated in communications with the Education and Labor Committee
in 2021, explaining ``After an extensive technical review of the
requested reclassification for 911 dispatchers, OMB, consistent with
the recommendation of the Chief Statistician of the United States,
decided not to make such an adjustment because it is inconsistent with
the statistical purposes of the SOC.''
Furthermore, the Bureau of Labor Statistics (BLS), in a written
communication with the Education and Labor Committee on September 26,
2021, reported that the change made by H.R. 1175, a bill identical to
Amendment No. 3, would ``will introduce costly, unnecessary logistical
and data interpretation delays and challenges affecting the quality of
data.'' Moreover, changes outside of the routine revision process would
undermine the goal of data continuity, limiting data sources'
usefulness for their key purpose of statistical analysis; create
precedent for disrupting the standard SOC revision process; and
undermine the SOCPC's authority as experts to apply the classification
principles to determine what accuracy requires.
Public safety telecommunications officers perform critical,
challenging work. They deserve our honor and gratitude for their
efforts. However, considering the many alternative ways policymakers
could confer ``validation,'' as the proponents are seeking, there is
little policy justification for this Amendment's approach to achieving
that goal. The SOC is not intended to rank or group occupations by
education, credentials, earnings, benefits or any other user-defined
indicator of status.
In conclusion, mandating a change to a statistical code would not
affect these workers' wages, benefits, or other resources--but it would
disrupt data series continuity; require significant additional work for
government agencies, researchers, employers, and others; and intervene
in an official, routine government data-collection and statistical
process.
Mr. CARSON. Madam Speaker, I rise today in support of the National
Defense Authorization Act (NDDA) and my bipartisan amendment which
authorizes an increase of five million dollars for a pancreatic cancer
early detection initiative (EDI) at the Department of Defense (DoD). I
thank my colleagues, Rep. Eshoo and Rep. McKinley, for their support
and leadership on this issue. Pancreatic cancer has the lowest survival
rate of all major cancers--in large part due to lack of research in
early detection. I believe we all agree that the patients, families,
friends and loved ones suffering from this disease deserve greater
support.
My amendment will provide critical funding needed for more research
and an early detection initiative (EDI) under the Congressionally
Directed Medical Research Programs (CDMRP) at DoD. I am pleased that
the Appropriations Defense Subcommittee has already appropriated
fifteen million dollars for general pancreatic cancer research funding
in this year's funding legislation. While encouraging, we need to
continue doing more.
This issue has hit painfully close to home recently, as America lost
giants to pancreatic cancer. Rep. John Lewis, our civil rights hero,
passed away from pancreatic cancer only seven months after receiving
his diagnosis. My good friend and colleague, Rep. Alcee Hastings, also
passed from pancreatic cancer earlier this year. And, Americans lost a
fighter for voting rights and women's protection, Justice Ruth Bader
Ginsburg, to this deadly disease. We have lost too many loved ones and
must do everything we can to save lives. It is unacceptable that,
despite being the third leading cause of cancer-related death in our
country, pancreatic cancer still does not have a dedicated early
detection initiative. In fact, the lack of research in ways to detect
pancreatic cancer early has led to devastating consequences: sixty-six
percent of patients live less than one year following their diagnosis.
If diagnosed early, the five-year survival rate for pancreatic cancer
patients is above eighty percent. However, if pancreatic cancer is
detected late, the five-year survival rate drops to less than five
percent. By failing to support our nation's researchers with the means
to find new ways to detect pancreatic cancer early, we are leaving
America's pancreatic cancer patients with few ways to detect this
disease in time to extend the quality and duration of their lives.
It's important to note that persistent health care inequities and
disparities for communities of color compound the devastation of
pancreatic cancer and the effects of lack of early detection research.
Unfortunately, Black people are more likely than their fellow Americans
to get pancreatic cancer. In fact, the incidence rate for pancreatic
cancer among Black Americans is twenty percent higher than any other
racial demographic. This disease is more deadly for us: the pancreatic
cancer death rate is seventeen percent higher for Black men than white
men. Significant evidence demonstrates that these disproportionate
levels of
[[Page H4935]]
pancreatic cancer are in large part rooted in disparities in health
care and access to tests and diagnostics. As a result, the lack of
pancreatic cancer early detection research accelerates the racial
unfairness in our health care system, with devastating consequences for
minorities.
At a time when our country is having a national conversation about
the deep disparities in access to health care for Black and Brown
people during a global pandemic, Congress must do everything within our
power to improve health outcomes through research and treatment.
Providing dedicated funding for early detection research at DoD will
help fill a critical gap in our pancreatic cancer research and will
help address the pancreatic cancer disparities for communities of
color.
I urge the House to support this amendment.
Mr. BIGGS. Madam Speaker, I rise today in support of my amendment
reaffirming the importance of the U.S. Israel alliance. At a time when
the Middle East is in constant turmoil, the United States needs strong
allies like Israel. Allies who are stable, dependent, and a force for
good in the region. Effective foreign policy in the Middle East begins
with an acknowledgment of Israel as one of our Nation's strongest
allies. As Israel continues to confront security challenges,
particularly with Iran, it is in America's national strategic interest
to continue to offer security assistance to Israel. For nearly 75
years, Israel has been a constant and stable ally in a region devoid of
stability. With the rise of Iran, the Taliban, and China's growing
influence in the region, the United States and Israel must continue to
stand together against these monstrous regimes. Since its creation in
1948, Israel and the United States have been bonded together through
our common values of freedom, prosperity, and constitutional norms. At
a time when Israel is facing assaults and threats from tyrannical
regimes, the United States Congress must send a strong, unflinching
message that we remain united with our friends and allies just as we
have for nearly 75 years. My amendment provides a full endorsement from
the U.S. Congress on the importance of the United States-Israel
relationship. We unequivocally stand with Israel.
Mr. CONNOLLY. Madam Speaker, in February of this year, more than two
years after the cold-blooded murder of Washington Post journalist, and
my constituent, Jamal Khashoggi, the Director of National Intelligence
released a previously classified U.S. intelligence report.
The report clearly stated: ``We assess that Saudi Arabia's Crown
Prince Muhammad bin Salman approved an operation in Istanbul, Turkey to
capture or kill Saudi journalist Jamal Khashoggi.''
It concluded that ``since 2017, the Crown Prince has had absolute
control of the Kingdom's security and intelligence organizations,
making it highly unlikely that Saudi officials would have carried out
an operation of this nature without the Crown Prince's authorization.''
We've always known, beyond a shadow of a doubt, that Crown Prince
Muhammad bin Salman directed the assassination of Jamal Khashoggi.
We also know that this operation is part of a broad and ongoing
effort to use violence to intimidate and silence dissidents abroad.
Furthermore, we know that some of the killers of Jamal Khashoggi were
trained in the United States, demonstrating an overwhelming need for
reforms to our current arms sales processes and increased
accountability.
And yet, despite all this, Crown Prince MBS and Saudi Arabia have
generally been shielded from accountability, especially by the previous
administration, signaling this kind of abhorrent behavior was somehow
ok, inviting further atrocities.
That impunity ends with my amendment, based on the text of my bill,
H.R. 1392, the Protection of Saudi Dissidents Act of 2021, which passed
the House with overwhelming bipartisan support earlier this year.
This legislation is targeted and does four things, specifically:
It limits arms exports to Saudi intelligence, internal security, or
law enforcement entities if the President finds that Saudi Arabia has
engaged in the following activities:
Forced repatriation, intimidation, or killing of dissidents in other
countries;
The unjust imprisonment in Saudi Arabia of United States citizens or
residents or the placing of travel restrictions on them or their family
members;
And the torture of detainees in the custody of the Government of
Saudi Arabia.
It requires the closure of one or more Saudi diplomatic facilities if
the President finds that Saudi Arabia is using diplomatic or consular
personnel to harass or harm Saudi nationals in the United States.
It requires a report on whether Saudi Arabia has been engaged in a
consistent pattern of acts of intimidation or harassment directed
against individuals in the United States.
And finally, it requires a report on whether the U.S. intelligence
community fulfilled its duty to warn Jamal Khashoggi of threats to his
life.
In the House Foreign Affairs Committee, I worked closely with the
Chairman and Ranking Member to improve this legislation as introduced,
ensuring that this effort is bipartisan.
This legislation has the support of dozens of human rights
organizations, including the Committee to Protect Journalists,
Reporters Without Borders, PEN America, Human Rights First, Human
Rights Watch, Freedom Now, and many others.
When we turn a blind eye to human rights abuses, we embolden friend
and foe alike to continue to engage in these horrific violations.
We must end this ``two-year pageant of impunity'' and finally hold
Saudi Arabia accountable for their treatment of dissidents and those
who stand up for human rights and against autocratic repression.
Jamal Khashoggi was not the only one to face the brutality of the
Saudi regime and is not the only one who would benefit from this
legislation.
I thank Chairman Meeks for his support on this amendment, and I ask
my colleagues to join me in sending a message to human rights
defenders, dissidents, and journalists worldwide and reaffirm the
unshakeable American commitment to basic rights and freedoms.
I ask you to join me in supporting adoption of this amendment.
Mr. CONNOLLY. Madam Speaker, more than 4.7 million people around the
globe have died because of the COVID-19 pandemic.
In fact, more people in the United States have died from COVID-19
than they did from the 1918 flu pandemic--the previous worst pandemic
to date.
For a year and a half, our lives, and the lives of people around the
world, were completely upended, supply chains disrupted, governments
thrown into disarray. This emergency impacted every part of our lives
and we were caught completely unprepared.
We can't afford to let that happen again.
Prior to the COVID-19 pandemic, there was a dearth of leadership and
strategy around U.S. planning for a global health security emergency.
As we continue to try to emerge from the worst of COVID-19, we now
understand just how important planning like this truly is.
COVID-19 has underscored not only the need for a robust federal
response to such a crisis, but also the importance of investing in
global health security and pandemic preparedness around the world.
Given the disruption this pandemic has caused, it's clear that we
need to consider global health security when we consider our national
defense and security.
This amendment will:
Establish a Global Health Security Agenda Interagency Review Council
overseen by the National Security Advisor and whose membership includes
the heads of agencies relevant to carrying out the Global Health
Security Agenda;
Establish a United States Coordinator for Global Health Security
responsible for coordinating the interagency response to a global
health security emergency;
Require the President to develop a global health security strategy
with specific and measurable goals, benchmarks, and performance metrics
that will improve U.S. leadership on global pandemic preparedness;
And establish an international Fund for Global Health Security and
Pandemic Preparedness.
The text of this amendment is based on my bill H.R. 391, the Global
Health Security Act, which passed the House earlier this year with
broad bipartisan support--the fifth time that it has passed the House
of Representatives.
The original legislation was improved with amendments during
committee markup. They:
Updated the findings sections to reflect actions taken by the Biden
Administration on global health security;
Tasks the National Security Advisor with overseeing interagency
review council established in the bill;
Added the Department of the Treasury and ODNI to the council
membership;
And elevated participation on the council to heads of agencies.
These edits were helpful suggestions from the Ranking Member and we
were glad to incorporate them.
We wrote this legislation long before the current pandemic and have
adapted the text to incorporate lessons learned.
I thank Representatives Chabot, Bera, Fitzpatrick, and Larsen for
leading on the original bill with me, and for their support on this
amendment.
The Biden Administration has already committed to funding the Fund
for Global Health Security and Pandemic Preparedness, and included it
in their FY22 Presidential Budget Request.
There is a similar, bipartisan effort in the Senate led by Senators
Menendez and Risch, demonstrating the widespread support for bolstering
global health security.
[[Page H4936]]
This is not a red or blue issue--this is an issue that impacts every
single person on the planet.
This legislation is endorsed by Modernizing Foreign Assistance
Network (MFAN), the ONE Campaign, Pandemic Action Network, RESULTS VA,
Right to Health Action and others. It is also supported by Centers for
Disease Control and USAID.
Global health crises are ongoing and increasing--it's only a matter
of time before the next one hits.
Saving lives from the next global pandemic starts with investing in
preparedness before it strikes.
Diseases do not respect borders, and global health crises have
immense security, economic, and humanitarian consequences.
With this legislation, the United States can be a leader on
preventing and responding to the next pandemic.
It is past time this legislation become law.
Mr. CONNOLLY. Madam Speaker, this amendment would provide welcome
accountability and transparency for our security cooperation training
programs.
It would require the Department of Defense and Department of State to
review the participants in security cooperation training programs from
the last ten years to determine if any of the participants were later
designated by the United States Government as human rights abusers,
terrorists, or military coup participants.
The amendment would require such reporting be updated on an annual
basis.
And, finally, it would create a reporting requirement to Congress for
any names submitted to the Departments by the Chair and Ranking Member
of the armed services and foreign affairs committees.
Earlier this year, it was reported that some of the members of the
kill squad that murdered and dismembered Jamal Khashoggi were trained
right here in the United States.
This is not something we found out through congressional reporting
requirements from the Department of Defense, Department of State or
public admissions from private sector contractors.
We found out because of reporting based on leaked documents.
It has also been reported that at least seven of the individuals who
helped assassinate the President of Haiti, Jovenel Moise, were trained
by the United States military.
The review and ongoing transparency required by this amendment would
provide welcome oversight of U.S. security cooperation programs and
ensure that our capacity building efforts are not working against
American interests or values.
Mr. CONNOLLY. Madam Speaker, I rise today to offer an amendment to
the FY2022 National Defense Authorization Act which would provide a
statutory framework for the Federal Risk and Authorization Management
Program, or FedRAMP, which was established administratively in 2011.
FedRAMP is a standardized approach to certifying and assessing in an
ongoing manner the security of cloud computing technologies used across
the federal government.
FedRAMP seeks to reduce the redundancies of federal cloud migration
by creating a ``certify once, reuse many times'' model for cloud
products and services that provide a cost-effective, risk-based
approach to cloud adoption.
This amendment would codify the FedRAMP program and address many of
the concerns raised by government and industry stakeholders.
For more than four years, I have worked with administrations under
both Democratic and Republican leadership, industry stakeholders, and
my friends on the other side of the aisle to ensure that the
legislative text behind this amendment makes needed improvements to the
FedRAMP program, but also gives the program flexibility to grow and
adopt to myriad future changes in cloud technologies.
This amendment supports a critical need to keep our nation's
information secure in cloud environments. It is an improvement for
agencies, for our private sector partners, and for taxpayers.
Enabling the efficient and secure procurement of cloud computing
technology is an important part of federal IT modernization efforts and
essential to the federal government's transition to a more virtual, but
secure posture.
The text behind this amendment has passed the House with bipartisan
support three times in the span of a year. Once under suspension by
voice vote in the 116th Congress, again as an amendment to the House
National Defense Authorization Act for FY2021, and again as a
standalone at the very beginning of the 117th Congress.
I want to thank the Ranking Member of the Oversight Committee, Mr.
Comer, for co-sponsoring this amendment with me.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendments en bloc offered by the
gentleman from Washington (Mr. Smith).
The question is on the amendments en bloc offered by the gentleman
from Washington (Mr. Smith).
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendment No. 25 Offered by Mr. Bowman
The SPEAKER pro tempore. It is now in order to consider amendment No.
25 printed in part C of House Report 117-125.
Mr. BOWMAN. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229. PROHIBITION ON USE OF FUNDS TO MAINTAIN A UNITED
STATES MILITARY PRESENCE IN SYRIA.
None of the funds authorized to be appropriated or
otherwise made available to carry out this Act may be used to
maintain a United States military presence in Syria beginning
on the date that is 1 year after the date of the enactment of
this Act, except pursuant to a specific statutory
authorization enacted into law in accordance with the War
Powers Resolution (50 U.S.C. 1541 et seq.).
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from New York (Mr. Bowman) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. BOWMAN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to urge support for my amendment that
will take an important step towards restoring congressional war powers.
This amendment will bring our unauthorized military presence in Syria
to a long overdue debate in Congress so we can ultimately vote to
authorize or reject military action.
Members on both sides of the aisle have long recognized the
Constitution and the War Powers Act of 1973 grant Congress the
exclusive power to send our servicemen and -women into war.
I represent parts of the Bronx and Westchester County, New York, and
in my district I am humbled to represent so many veterans who have
sacrificed so much for our country. Hundreds of thousands of brave men
and women have spent years away from their families, missing precious
moments in their families' lives. Many have seen their brothers and
sisters in arms be injured and killed in battle. Many have suffered
life-changing injuries themselves. Others have made the ultimate
sacrifice. On a daily basis, more than 17 veterans die by suicide every
single day. A study from Brown University's Costs of War project
estimates that more than 7,000 servicemembers have been killed in post-
9/11 operations, and a suicide epidemic has claimed more than 30,000
Active Duty servicemembers and veterans.
Given the unimaginable sacrifice our troops make for our country, we
owe them the respect of holding a debate and a vote on deploying them
into harm's way. I hope that no one serving in this body would oppose
honoring their service and their sacrifice by debating and voting on
these life and death matters.
We haven't shown that respect in my view. Washington is known for
military contractors lobbying for endless wars and a bloated Pentagon
budget while our investments in schools, healthcare, and jobs at home
are neglected. Our military footprint extends across dozens of
countries far from public scrutiny and accountability. In Congress we
find out about drone strikes after they occur in the news.
My amendment--which I am honored to be joined by Representatives
Khanna, DeFazio, Schakowsky, Tlaib, Levin, Cohen, and Ritchie Torres in
offering--is a fundamental next step toward breaking that cycle.
This is a question of war and peace that should be answered with a
recorded vote in Congress.
This amendment does not take a position on substantive Syria policy
questions. It merely requires this body to follow the Constitution and
hold a debate and vote to authorize military action. I hope that my
colleagues will agree that our troops and the American people deserve
to see this body
[[Page H4937]]
hold that debate and then cast their vote.
Under the last administration, President Trump made it clear that
U.S. military troops in Syria were there to secure the oil, but an
explicit authorization from Congress was never obtained for that
purpose.
I disagree with claims that the 2001 AUMF--which was about responding
to the September 11 attacks--authorized our troops to engage in
hostilities against these forces which nobody argues had anything to do
with those attacks or to guard oil fields.
My colleagues who believe that the President does not need specific
authorization to deploy U.S. military forces to seize Syria's oil in an
unconstitutional war should just admit that to their constituents. They
don't care about the duty of Congress, the Constitution, or the War
Powers Act.
I agree with what President Biden said yesterday at the United
Nations where he called for a new era of relentless diplomacy and that
U.S. military power must be our tool of last resort, not our first, and
should not be used as an answer to every problem we see around the
world.
One step in the right direction would be to restore war powers, which
is the solution put forth in this amendment.
After U.S. troops clashed with armed Syrian villagers last year, now-
senior Biden NSC advisor Brett McGurk wrote on Twitter last year that
American soldiers with an ill-defined mission in Syria are forced to
navigate roads controlled by Russian and Syrian regime forces. He said
that this is too much to ask of our brave warriors.
I agree. And that is why I am seeking a vote to show them the minimum
respect of doing our constitutional duty and either authorizing a
mission with clear goals and a timeline or bringing our troops home to
their families.
I honor and respect the incredible sacrifices made by our Kurdish
allies. Nothing in this amendment supports abandoning the Kurdish
people, nor do I personally support that. The current unauthorized U.S.
military presence of indefinite duration is disrespectful to the
Kurdish people as it does not provide them the clarity that they need
to make their own sovereign decisions about how best to protect their
people and advance their own interests.
I want to have a transparent and vigorous debate in front of the
American people on the role of the U.S. military in Syria.
Madam Speaker, I urge my colleagues to vote in support of my
amendment, and I yield back the balance of my time.
Mr. WILSON of South Carolina. Madam Speaker, I rise in opposition.
The SPEAKER pro tempore. The gentleman from South Carolina is
recognized for 5 minutes.
Mr. WILSON of South Carolina. Madam Speaker, as I begin, I was
grateful to support the prior amendment that we just had by President
Gerry Connolly and also Congressman Steve Chabot, but I oppose this
particular amendment.
U.S. troops are in Syria to fight ISIS. They were sent by President
Barack Obama pursuant to the 2001 counterterrorism AUMF. The global war
on terrorism is not over. It is moving, as we have sadly seen, the
terrorist attack last week in New Zealand and as we see the terrorists
who are coming across the southern border into the United States.
For years we have worked with our partners on the ground to eliminate
the caliphate. We must not leave them behind as they have been brave
patriots and could be subject to murderous terrorists.
This mission has been incredibly successful. However, the job is not
done. The threat of ISIS against American families and our allies
remains. The nations that have faced the most cross-border attacks are
India with 60,000 deaths; Israel with--just this year, in the past
couple of months--12,000 Iranian rockets by an attack by Hamas from
Gaza; and, of course, in America 3,000 persons murdered on 9/11.
Our continued presence on the ground is necessary to ensure the
enduring defeat of ISIS and protecting American families by defeating
terrorists overseas.
This shortsighted amendment would prematurely cut short our presence
in Syria. Our small force in Syria is incredibly effective and part of
the global coalition to defeat ISIS. This is not the time for America
to abandon our allies and partners in Syria in the global war on
terrorism. None of us want our soldiers overseas longer than absolutely
necessary, but forcing a withdrawal too soon only ensures we will have
to return as we saw in Iraq when the troops were withdrawn too soon,
and U.S. troops had to go in just a few years later to fight ISIS.
{time} 1530
In my opinion, we are seeing this play out again, sadly, in
Afghanistan as the country is a safe haven for Islamic extremists to
provide for suicide bomber attacks on families in India, Israel, and
America.
We must avoid a similar situation in Syria. Withdrawals should be
based on the defeat of ISIS, not an artificial timeline. We know the
success of peace through strength, and we also know of failure by war
through appeasement.
Madam Speaker, I urge my colleagues to oppose this amendment,
although I would like to point out that I agree very much with my
colleague from New York of the appreciation of our Kurdish allies.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from New York (Mr. Bowman).
The question is on the amendment offered by the gentleman from New
York (Mr. Bowman).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. WILSON of South Carolina. Madam Speaker, on that I demand the
yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 26 Offered by Mr. Mfume
The SPEAKER pro tempore. It is now in order to consider amendment No.
26 printed in part C of House Report 117-125.
Mr. MFUME. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. MODIFICATIONS TO GOVERNMENTWIDE GOALS FOR SMALL
BUSINESS CONCERNS.
Section 15(g)(1)(A) of the Small Business Act (15 U.S.C.
644(g)(1)) is amended--
(1) in clause (i), by striking ``23 percent'' and inserting
``25 percent'';
(2) in clause (ii), by striking ``3 percent'' and inserting
``4 percent'';
(3) in clause (iii), by striking ``3 percent'' and
inserting ``4 percent'';
(4) in clause (iv), by striking ``at not less than'' and
all that follows and inserting the following: ``at not less
than--
``(I) 11 percent of the total value of all prime contract
and subcontract awards for fiscal year 2022;
``(II) 12 percent of the total value of all prime contract
and subcontract awards for fiscal year 2023;
``(III) 13 percent of the total value of all prime contract
and subcontract awards for fiscal year 2024; and
``(IV) 15 percent of the total value of all prime contract
and subcontract awards for fiscal year 2025 and each fiscal
year thereafter.''; and
(5) in clause (v), by striking ``at not less than'' and all
that follows and inserting the following: ``at not less
than--
``(I) 6 percent of the total value of all prime contract
and subcontract awards for each of fiscal years 2022 and
2023; and
``(II) 7 percent of the total value of all prime contract
and subcontract awards for fiscal year 2024 and each fiscal
year thereafter.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Maryland (Mr. Mfume) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. MFUME. Madam Speaker, I rise in support of the Mfume-Neguse
amendment which will codify Congress' support for small businesses
across the country, particularly as it relates to this defense bill.
This amendment increases the overall Federal contracting goal for
eligible small businesses from 23 to 25 percent. But more specifically,
the amendment also increases the Federal contracting subgoals in
different areas.
For example, for service-disabled veterans, who we always talk about
and
[[Page H4938]]
sometimes do something about, this is an important aspect of this
amendment because, for service-disabled veterans, this increases the
contracting goal from 3 to 4 percent, over a year or two.
For qualified small businesses, it increases the Historically
Underutilized Business Zone contracting goals from 3 to 4 percent.
And for qualified women-owned and controlled businesses, it increases
the contracting goals from 5 to 7 percent; which I think is significant
for women-owned businesses and, as I said before, those disabled
veteran businesses.
For small businesses that are owned by socially-disadvantaged
individuals, it increases the contracting goal to 15 percent, and it
does that over 4 years incrementally.
This is an extremely rare opportunity for us to do something in this
particular bill about the people who are going to be benefiting from
the bill and the people who have worked so hard in and out and around
the defense industry who are small businesses in our country, veteran-
owned businesses, women-owned businesses, minority-owned businesses.
And at the beginning and the end of the day, Madam Speaker, this is a
simple amendment aimed at growing contracting opportunities for those
categories. And again, this is not a mandate; these are goals, and we
think they are very achievable.
I would urge consideration, and I reserve the balance of my time.
Mr. MEUSER. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Pennsylvania is
recognized for 5 minutes.
Mr. MEUSER. Madam Speaker, though I agree with Mr. Mfume that we need
to find ways to incentivize and encourage agencies to contract with
small businesses, very much so, I do not believe this is the correct
approach.
This amendment, unfortunately, does not actually incentivize more
contract with small businesses in a meaningful way. There are many
underlying factors affecting the small business goaling numbers that
must be addressed first before we raising the goals. We need more
effective solutions to increasing contracting with small businesses.
First, the amendment does not address the concern of small businesses
leaving the Federal marketplace at a very rapid rate. In fact, the
amendment only incentivizes more dollars go to small businesses, which
can easily be achieved by awarding huge contracts to a handful of
mature small businesses, which can arguably be viewed as flouting the
purpose of the goals themselves. It does nothing to incentivize
agencies to contract with a greater number of small businesses, which
is critical to maintaining a healthy and competitive industrial base.
Second, the Small Business Committee has taken several actions over
the years to understand and address the problems of agencies
overreporting their small business goals. This issue is still a work in
progress. Some of these dollars purported to have gone to small
businesses may have gone to large businesses, perhaps legally, likely
legally. However, agencies are permitted to report all dollars as going
to small businesses when this may not truly be the case.
Similarly, issues with double counting of the goals continue to
exist. Raising the goals won't do enough--won't really do anything to
increase the transparency or accuracy as currently reported. We need to
know whether the government is truly meeting its goals before we can
consider raising them.
Third, it may be simply be too premature to raise some of those goals
my colleague proposes to raise. The government has never met its
HUBzone goal, yet the amendment raises the goal from 3 to 4 percent,
while the previous goals, as stated, have never been met.
Similarly, with the women-owned small business goal, which has been
met only a few times in nonconsecutive years, raising that as well does
not seem it would have the result that we are seeking.
Lastly, the SBA is undergoing some significant changes to its
government contracting programs; namely, beginning to fully certify
women-owned small businesses and service-disabled veteran-owned small
businesses. These goaling numbers presumably capture awards made to
firms that self-certified as women-owned, or service-disabled veteran-
owned. Once the SBA begins to start certifying firms and self-
certification is no longer an option, we should expect to see a
correlative dip in these two goals since there will be less vendors for
agencies to choose from. It may be prudent to wait and see the true
picture of where the government stands on these goals, once these
front-end certification programs are fully in place, rather than
raising them now.
Madam Speaker, I reserve the balance of my time.
Mr. MFUME. Madam Speaker, I would respectfully disagree with the
gentleman in his opposition. There are a couple of things that I think
are important to be pointed out.
As the vice chair of the Small Business Committee of the House, I
continue to hear the stories from women-owned businesses, veteran
businesses, minority-owned businesses, and those that are socially and
economically disadvantaged, that they want this; that they believe that
if you increase these goals, things then will change.
By the way, these goals are aspirational; that is why they are called
goals. This is not a mandate; not saying that we are going to move 1
year to another. It is all aspirational. And we believe it is the right
thing to do; otherwise I don't know what we go back and say to those
different groups of individuals.
Now, Republican and Democratic Members alike on this committee have
heard over and over again about how we ought to do more; how we ought
to push the government to actually do what it ought to be doing in many
respects. But, again, this is an aspirational goal.
These are very, very small increases. And as we talk about defense
contracting and the ability of minority businesses, women-owned
businesses and, even more importantly, as I have said before, service-
disabled veteran businesses to be able to compete with some real hope
of being able to benefit. I would really urge passage of this
amendment.
Madam Speaker, I reserve the balance of my time.
Mr. MEUSER. Madam Speaker, in closing, although I very much share my
colleague, Mr. Mfume's goal and idea, conceptually, in seeing more
contract dollars be awarded to small business, I do not believe this is
the correct approach.
As a member of the Small Business Committee's Contracting and
Infrastructure Subcommittee, I look forward to working with him, and
certainly others, to address the underlying challenging our small
businesses are facing in such contracting.
I do not support this amendment, and I urge a ``no'' vote on the
amendment.
Madam Speaker, I yield back the balance of my time.
Mr. MFUME. Madam Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Maryland has 1\1/2\
minutes remaining.
Mr. MFUME. Madam Speaker, I look forward to the gentleman, not only
being on the committee, but agreeing and certainly offering the
invitation to work together. My hope is that this passes; and, if it
does, then I would extend to him the opportunity to do that, and I
would join with him in doing that to make sure the already existing
goals are achievable, and the aspirational goals really represent a ray
of hope for these four groups.
And I don't favor one over another, except that it is hard for me to
look at a service-disabled veteran who is trying to do business in a
bill dealing with defense, and to be able to say, well, I am sorry, we
just didn't do it again.
So I would close--I appreciate the gentleman's opposition, although I
don't agree with it, and I would urge passage of this amendment, Madam
Speaker.
I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Maryland (Mr. Mfume).
The question is on the amendment offered by the gentleman from
Maryland (Mr. Mfume).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
[[Page H4939]]
Mr. MEUSER. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 28 Offered by Mr. Khanna
The SPEAKER pro tempore. It is now in order to consider amendment No.
28 printed in part C of House Report 117-125.
Mr. KHANNA. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. 13__. PROHIBITION ON SUPPORT OR MILITARY PARTICIPATION
AGAINST THE HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds
authorized to be appropriated or otherwise made available by
this Act may be made available to provide the following forms
of United States support to Saudi-led coalition's operations
against the Houthis in Yemen:
(1) Sharing intelligence for the purpose of enabling
offensive coalition strikes.
(2) Providing logistical support for coalition strikes,
including by providing maintenance or transferring spare
parts to coalition members flying warplanes engaged in anti-
Houthi bombings.
(b) Prohibition Relating to Military Participation.--None
of the funds authorized to be appropriated or otherwise made
available by this Act may be made available for any civilian
or military personnel of the Department of Defense to
command, coordinate, participate in the movement of, or
accompany the regular or irregular military forces of the
Saudi and United Arab Emirates-led coalition forces in
hostilities against the Houthis in Yemen or in situations in
which there exists an imminent threat that such coalition
forces become engaged in such hostilities, unless and until
the President has obtained specific statutory authorization,
in accordance with section 8(a) of the War Powers Resolution
(50 U.S.C. 1547(a)).
(c) Rule of Construction.--The prohibitions under this
section may not be construed to apply with respect to United
States Armed Forces engaged in operations directed at al
Qaeda or associated forces.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from California (Mr. Khanna) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. KHANNA. Madam Speaker, I rise to offer my amendment with Chairman
Smith, with Chairman Schiff, and Representative Jayapal, to finally end
the humanitarian disaster in Yemen that has been going on year after
year.
Our amendment would end all U.S. logistical support and transfer of
spare parts for Saudi warplanes that are bombing Yemen; that are
bombing schools; that are killing children; that are bombing civilians
in the largest humanitarian crisis around the world.
Now, this body passed the War Powers Resolution to say that we would
not be aiding the Saudi offensive in Yemen. President Trump suspended
the fueling of those planes, and President Biden made that policy
formal.
And yet, the Saudis have not listened. Yet, they have a blockade
where, just last month, in August, in the Port of Hodeidah, no fuel was
let in. They come and they tell the United States one thing: We are
letting fuel in. They lie, again and again they lie.
There is a reason the 9/11 families wanted transparency and the
decommissioning of the reports. There is a reason there was outrage in
all of this country when they brutally murdered Khashoggi.
They need accountability, and we are not going to use taxpayer
dollars to give them equipment for their planes to bomb Yemeni's kids.
Now of course the Houthis are to blame as well. No one says the
Houthis are blameless. Of course they are to blame, and of course they
have had human rights violations.
But the point is, the United States should not be making this war
continue by arming or by giving parts to the Saudis that end up
facilitating the conflict or elongating the conflict and killing
people. It is time for the Saudis to recognize what everyone
recognizes, that they have lost in Yemen. It is time for them to end
the blockade, and it is time for them to allow a peace process that has
a ceasefire in Yemen and a civilian government, instead of trying to
win this by force.
So I hope that everyone who supported our amendment last time--it
passed 240-185 in this body--Jake Sullivan, who is the National
Security Council Adviser; Wendy Sherman, who is the Deputy Secretary of
State; Rob Malley, who is the envoy to Iran, all supported it. So I
hope the administration will support it this time, that it won't get
stripped out of conference; and that it will pass, and we will finally
begin to end this war.
Madam Speaker, I reserve the balance of my time.
{time} 1545
Mr. WILSON of South Carolina. Madam Speaker, I rise in opposition to
the amendment.
The SPEAKER pro tempore. The gentleman from South Carolina is
recognized for 5 minutes.
Mr. WILSON of South Carolina. Madam Speaker, we are all concerned
about the ongoing war in Yemen, including civilian casualties in the
conflict with the Houthis murderously using civilians as human shields.
The Iran-backed Houthis continue to launch indiscriminate attacks
against the Saudi homeland, threatening Saudi civilians and more than
70,000 American citizens residing in Saudi Arabia.
These murderous attacks target civilians and civilian infrastructure,
like the Abha International Airport, causing death, injury, and damage
to property. This is an intentional targeting of civilians and is in no
way a military target.
The terrorist-supporting regime of Iran is using the Houthis as
proxies in the ongoing global war on terrorism.
We cannot forget the pain and suffering that the Houthis themselves
have inflicted on the Yemeni citizens with the Houthi brutal
subjugation and occupation.
One-sided initiatives that restrict U.S. support for Saudi Arabia, in
word or deed, only telegraph more vulnerability that will lead to
further attacks by the Houthis. We know the success of peace through
strength and the failure of war through appeasement.
It is encouraging that, in recent weeks, the Biden administration's
messaging has focused strongly on the Houthis' intransigence in ending
the conflict in Yemen, calling on the Houthis to agree to a
comprehensive cease-fire immediately.
We must stop terrorists overseas to protect our allies who are
targeted by the terrorists. India has lost over 60,000 persons due to
cross-border terrorism; Israel, this year, has had to face nearly
12,000 rockets provided by Iran to the Hamas terrorists in Gaza; and,
sadly, we noted the 20th anniversary of 3,000 Americans killed on
September 11, 2001.
We should be using our longstanding relationship with the Saudis to
press them to take every possible precaution to prevent civilian
casualties. For nearly a century, there has been a warm cultural,
educational, military, and economic partnership with the people of
Saudi Arabia.
But this amendment is too far detached from the sad realities of the
Houthi attacks across the border and in Yemen. The drones and rockets
have been provided by the terrorist-sponsoring regime of Iran, which
oppresses its citizens and defames the extraordinary heritage of
Persia.
Madam Speaker, I reserve the balance of my time.
Mr. KHANNA. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. Schiff), the distinguished chair of the Intelligence
Committee.
Mr. SCHIFF. Madam Speaker, I rise in strong support of the Khanna
amendment. I am very grateful to Representative Khanna for his
leadership.
Yemen and its people are suffering through a catastrophic tragedy.
Sixteen million in Yemen are at risk of famine. This year alone,
400,000 children may die from severe malnutrition made so much worse by
the conflict raging there.
Today, we have a powerful opportunity to help bring an end to this
suffering by terminating the U.S. decision to provide military
assistance to the Saudi Arabian coalition fueling Yemen's civil war.
Our participation in this suffering simply cannot continue. We cannot
be a party to the death of children and innocent civilians.
This is why I urge an emphatic ``yes'' in support of this amendment,
to bring an end to the U.S. funding of the Saudi-led military campaign
in Yemen.
[[Page H4940]]
Mr. WILSON of South Carolina. Madam Speaker, I would like to
reiterate and join, actually, with my colleagues to point out that it
has been encouraging in recent weeks that the Biden administration has
changed its messaging to strongly focus on the Houthis' intransigence
in ending the conflict in Yemen and calling for the Houthis to agree to
a comprehensive cease-fire immediately, as we also recognize, again,
that we have had a 100-year relationship with the people of Saudi
Arabia that has been so mutually beneficial for the people of Saudi
Arabia, the United States, and our allies.
Madam Speaker, I yield back the balance of my time.
Mr. KHANNA. Madam Speaker, I will end with this. A year ago, this
exact amendment passed this body 240-185. The war has only gotten
worse. Saudi Arabia has not lived up to its commitment to lift the
blockade. The Saudis have not lived up to their commitment to stop the
offensive strikes.
I hope that this amendment will pass with an even bigger majority
this time, and I hope the people in the administration, who supported
this amendment as private civilians, will support it in their current
roles.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from California (Mr. Khanna).
The question is on the amendment offered by the gentleman from
California (Mr. Khanna).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. WILSON of South Carolina. Mr. Speaker, on that I demand the yeas
and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 30 Offered by Mr. Meeks
The SPEAKER pro tempore. It is now in order to consider amendment No.
30 printed in part C of House Report 117-125.
Mr. MEEKS. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title XIII, add the following:
SEC. 13_. DETERMINATION AND SUSPENSION OF CERTAIN DEFENSE
SERVICES AND SUPPORT TO SAUDI ARABIA.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to continue to support and further efforts to bring an
end to the conflict in Yemen;
(2) to ensure United States defense articles and services
are not used for military operations resulting in civilian
casualties;
(3) to ensure section 502 of the Foreign Assistance Act of
1961 (22 U.S.C. 2302; relating to utilization of defense
articles) and section 4 of the Foreign Military Sales Act (22
U.S.C. 2754) are upheld and which describe the purposes for
which military sales by the United States are authorized,
including ``legitimate self-defense'', ``internal security'',
and ``preventing or hindering the proliferation of weapons of
mass destruction or the means of delivering such weapons'';
and
(4) to work with allies and partners to address the ongoing
humanitarian needs of Yemeni civilians.
(b) Determination and Report to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State and the Secretary of Defense, shall
determine and report to appropriate congressional committees
of whether the Government of Saudi Arabia has undertaken
offensive airstrikes inside Yemen in the preceding year
resulting in civilian casualties.
(2) Matters to be included.--The determination and report
required by this subsection shall include the following:
(A) A full description of any such airstrikes, including a
detailed accounting of civilian casualties incorporating
information from non-governmental sources.
(B) An identification of Government of Saudi Arabia air
units responsible for any such airstrikes.
(C) A description of aircraft and munitions used in any
such airstrikes.
(3) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(c) Prohibition on Authorizing Certain Foreign Military
Sales to Saudi Arabia.--Upon issuance of an affirmation
determination and report pursuant to subsection (b) with
respect to offensive airstrikes inside Yemen in the preceding
year resulting in civilian casualties, the President may not
proceed with any Foreign Military Sale (FMS) using funds
authorized to be appropriated by this Act authorizing the
export to the Government of Saudi Arabia of defense services
related to the sustainment or maintenance of United States-
provided aircraft belonging to military units determined to
have undertaken such airstrikes.
(d) Exception Relating to Territorial Defense and
Counterterrorism Operations.--Notwithstanding any other
provision of this section, the prohibition in subsection (c)
shall not include the authority or a requirement to impose
any restrictions or prohibitions on any Foreign Military Sale
of defense services relating to aircraft engaging in
operations--
(1) preventing or degrading the ability of Houthi (Ansar
Allah) forces to launch missiles and unmanned aircraft
strikes into the territory of Saudi Arabia;
(2) related directly to counterterrorism efforts against
Al-Qaeda in the Arabian Peninsula (AQAP) and its affiliates;
(3) designed to provide territorial air defense; or
(4) directly related to the defense of United States
facilities or military or diplomatic personnel located in
Saudi Arabia.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from New York (Mr. Meeks) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. MEEKS. Madam Speaker, I rise to speak on Meeks amendment No. 30.
The facts are plain. Saudi Arabia and its partners have perpetuated a
catastrophic and devastating military campaign in Yemen since 2015,
with no end in sight and without regard to civilian casualties.
Saudi Arabia's brutal Yemen war has resulted in the world's largest
humanitarian crisis, pushed millions of Yemenis to starvation, and
decimated Yemen's civilian infrastructure.
Although the frequency and the intensity of the Saudi military's
bombing campaign has decreased as it has engaged in efforts to end the
war through international negotiations, unfortunately strikes resulting
in civilian casualties have continued.
Between January and March 2021, airstrike incidents causing civilian
casualties in Yemen actually increased as compared to the previous 3-
month period at the end of 2020.
On one such strike on March 7, 2021, Saudi aircraft bombed the
residential areas in Sanaa for the first time in months, leaving four
civilians injured.
Later in March and into April, further strikes continued, striking
transportation infrastructure, residential areas, and a marketplace,
leaving dozens of civilians injured, including two children.
The Biden administration took the important step earlier this year of
suspending the deliveries of certain weapons to the Saudi military in
response to this pattern of actions, as well as appointing veteran
diplomat Tim Lenderking as Special Envoy to Yemen.
However, despite these actions and repeated congressional statements
and efforts, the Saudi air force has continued conducting strikes in
Yemen that have resulted in civilian casualties using U.S. support.
That is why I am introducing this amendment, with the support of
Representatives Deutch and Lieu and Chairmen Smith and Schiff, to
suspend U.S. sustainment and maintenance to Saudi air units conducting
strikes that result in Yemeni civilian casualties.
My amendment also requires a thorough set of reporting requirements
to Congress on the extent and details of Saudi offensive air operations
and civilian casualties.
It also includes exceptions for necessary counterterrorism operations
against al-Qaida and its affiliates, territorial air defense, and
defense of U.S. personnel and facilities.
Houthi militants and the Iranian military continue to launch
explosive-laden drones and ballistic missiles into Saudi Arabia at
civilian areas and infrastructure, including many areas
[[Page H4941]]
where American civilians live and work.
While we seek to urgently address the tragic toll of civilian
casualties borne by Yemeni civilians as a result of the Saudi
military's expansive air campaign, we recognize that Saudi Arabia does
have a right and a need to defend itself, which this amendment provides
for.
In short, by suspending ongoing sustainment and maintenance of Saudi
aircraft shown to have conducted airstrikes resulting in civilian
casualties, we take a critical and necessary step to ensuring the
United States is not complicit in or supportive of this destructive,
tragic war.
Madam Speaker, I reserve the balance of my time.
Mr. WILSON of South Carolina. Madam Speaker, I rise in opposition to
the amendment.
The SPEAKER pro tempore. The gentleman from South Carolina is
recognized for 5 minutes.
Mr. WILSON of South Carolina. Madam Speaker, I rise in opposition,
with the great appreciation of our chairman, Greg Meeks--great
appreciation, even if I disagree.
We are all concerned about the ongoing war in Yemen, including the
civilian casualties in the conflict due to the Houthis using human
shields.
However, sadly, many are focused disproportionately on Saudi Arabia
while the Iran-backed Houthis continue to terrorize the people of Yemen
and launch intentional, indiscriminate attacks against the Saudi
homeland of innocent civilians, where 70,000 Americans live and work.
We need to be aware of how the rhetoric in America regarding Saudi
Arabia and the Yemen war empowers the Houthis to engage in further
aggression with the murderous, intentional attacks on Saudi citizens,
using drones and rockets provided by the terrorist-sponsoring regime in
Iran, which oppresses its citizens and defames the extraordinary
heritage of Persia. Iran perpetuates the ongoing global war on
terrorism.
It is encouraging that, in recent weeks, the Biden administration's
messaging has strongly focused on the Houthis' intransigence in ending
the conflict in Yemen, calling on the Houthis to agree to a
comprehensive cease-fire immediately.
Additionally, the President already announced his plan to end U.S.
support for offensive operations in Yemen, including relevant arms
sales.
We should wait and see the results of this new policy before adding
further legislative restrictions. We should be using our longstanding
relationship with the Saudis to press them to take every precaution
against civilian casualties. For nearly a century, there has been a
warm cultural, educational, military, and economic partnership with the
wonderful people of Saudi Arabia.
While the amendment contains specified exceptions, it does not
address the core challenge of trying to rehabilitate the U.S.-Saudi
partnership while trying to improve Saudi actions with respect to
civilian protections as Houthis murderously use human shields.
I do not think this amendment helps protect our national security
interests in the Middle East, nor will it measurably change Saudi
actions. We should be standing for the success of peace through
strength and not the failure of war through appeasement.
Madam Speaker, I reserve the balance of my time.
Mr. MEEKS. Madam Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Deutch), the chairman of the Subcommittee on Middle East,
North Africa and Global Counterterrorism of the Foreign Affairs
Committee.
The SPEAKER pro tempore. The gentleman from New York has only 1\1/2\
minutes remaining.
Mr. MEEKS. I yield the balance of my time to the gentleman from
Florida (Mr. Deutch).
Mr. DEUTCH. Madam Speaker, I rise today in support of Chairman Meeks'
amendment, which would clarify and advance the administration's January
decision to suspend offensive support for the Saudi-led coalition's
operations in Yemen.
The crisis in Yemen continues to devastate innocent civilians who
suffer at the hands of Houthi assaults, coalition airstrikes, and a de
facto blockade that hinders the transit of necessary goods, like food,
fuel, and medicine.
The war in Yemen will not be solved by military operations. The
parties must commit to political negotiations to end this conflict. But
as military operations continue, it is critical that the United States
does not play a role in supporting further civilian bloodshed.
This amendment requires the Department of State and Department of
Defense to ascertain whether any coalition strikes resulted in civilian
casualties and, in turn, suspend U.S. support and maintenance to those
units.
The House voted overwhelmingly to end U.S. support for the Saudi
coalition's offensive, and it is imperative that we follow through on
that promise while ensuring that we protect the vital interests of the
United States.
We cannot allow human suffering in Yemen to continue unabated.
Children are starving. COVID is raging. Enough is enough.
Madam Speaker, I thank Chairman Meeks for his leadership, and I urge
support for this amendment.
Mr. WILSON of South Carolina. Madam Speaker, I will disagree with
Chairman Ted Deutch. Usually, we agree.
Additionally, I disagree with Chairman Greg Meeks, but I do
appreciate the chairman's recognition of the Iranian and Houthi drone
attacks on civilian communities where large numbers of Americans live.
Madam Speaker, I yield back the balance of my time.
Mr. MEEKS. Madam Speaker, I encourage my colleagues to vote for this
amendment, and I yield back the balance of my time.
{time} 1600
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from New York (Mr. Meeks).
The question is on the amendment offered by the gentleman from New
York (Mr. Meeks).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. WILSON of South Carolina. Madam Speaker, on that I demand the
yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendment No. 34 will not be offered.
Amendment No. 35 Offered by Mrs. Carolyn B. Maloney of New York
The SPEAKER pro tempore. It is now in order to consider amendment No.
35 printed in part C of House Report 117-125.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I have an
amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title XI, add the following:
Subtitle B--PLUM Act
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing
Updates to Management Act'' or the ``PLUM Act''.
SEC. 1122. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT
POLICY AND SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States Postal
Service, and the Postal Regulatory Commission;
``(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing Office, and
the Library of Congress; and
``(C) the Executive Office of the President and any
component within such Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and Budget;
``(viii) the Office of the United States Trade
Representative;
``(ix) the Office of Science and Technology Policy;
[[Page H4942]]
``(x) the Office of National Drug Control Policy; and
``(xi) the White House Office, including the White House
Office of Presidential Personnel.
``(2) Covered website.--The term `covered website' means
the website established and maintained by the Director under
subsection (b).
``(3) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(4) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in such a position
temporarily in an acting capacity in accordance with--
``(i) sections 3345 through 3349d (commonly referred to as
the `Federal Vacancies Reform Act of 1998');
``(ii) any other statutory provision described in section
3347(a)(1); or
``(iii) a Presidential appointment described in section
3347(a)(2).
``(5) Policy and supporting position.--The term `policy and
supporting position' means--
``(A) a position that requires appointment by the
President, by and with the advice and consent of the Senate;
``(B) a position that requires or permits appointment by
the President or Vice President, without the advice and
consent of the Senate;
``(C) a position occupied by a limited term appointee,
limited emergency appointee, or noncareer appointee in the
Senior Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, of section 3132(a);
``(D) a position of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5, Code of Federal Regulations, or any successor regulation;
``(E) a position in the Senior Foreign Service;
``(F) any career position at an agency that, but for this
section and section 2(b)(3) of the PLUM Act, would be
included in the publication entitled `United States
Government Policy and Supporting Positions', commonly
referred to as the `Plum Book'; and
``(G) any other position classified at or above level GS-14
of the General Schedule (or equivalent) that is excepted from
the competitive service by law because of the confidential or
policy-determining nature of the position duties.
``(b) Establishment of Website.--Not later than 1 year
after the date of enactment of the PLUM Act, the Director
shall establish, and thereafter maintain, a public website
containing the following information for the President then
in office and for each subsequent President:
``(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in paragraph (1);
or
``(B) previously served in a position described in such
paragraph under the applicable President.
``(3) Information on any Government-wide or agency-wide
limitation on the total number of positions in the Senior
Executive Service under section 3133 or 3132, and for the
total number of positions in Schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, and total number
of individuals occupying such positions.
``(c) Contents.--With respect to any policy and supporting
position listed on the covered website, the Director shall
include--
``(1) the agency, and agency component, (including the
agency and bureau code used by the Office of Management and
Budget) in which the position is located;
``(2) the name of the position;
``(3) the name of the individual occupying such position
(if any);
``(4) the geographic location of the position, including
the city, State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee to enable
tracking such appointee across positions;
``(10) whether the position is vacant, and in the case of a
vacancy, for positions for which appointment is required to
be made by the President by and with the advice and consent
of the Senate, the name of the acting official, and, for
other positions, the name of the official performing the
duties of the vacant position.
``(d) Current Data.--For each agency, the Director shall
indicate the date that the agency last updated the data.
``(e) Format.--The Director shall make the data on the
covered website available to the public at no cost over the
internet in a searchable, sortable, downloadable, and
machine-readable format so that the data qualifies as an open
Government data asset, as defined in section 3502 of title
44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to
the Director any information that the Director determines
necessary to establish and maintain the covered website,
including the information uploaded pursuant to paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year
after the date of enactment of the PLUM Act, the Director
shall issue instructions to agencies with specific
requirements for the provision or uploading of information
required under paragraph (1), including--
``(A) specific data standards that an agency shall follow
to ensure that the information is complete, accurate, and
reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency shall provide or
upload the information, including the timeframe described
under paragraph (4).
``(3) Public accountability.--The Director shall identify
on the covered website any agency that has failed to
provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information; or
``(C) the information during the timeframe specified by the
Director.
``(4) Monthly updates.--
``(A) Not later than 90 days after the date the covered
website is established, and not less than once during each 30
day period thereafter, the head of each agency shall upload
to the covered website updated information (if any) on--
``(i) the policy and supporting positions in the agency;
``(ii) the appointees occupying such positions in the
agency; and
``(iii) the former appointees who served in the agency
under the President then in office.
``(B) Information provided under subparagraph (A) shall
supplement, not supplant, previously provided data under such
subparagraph.
``(5) OPM help desk.--The Director shall establish a
central help desk, to be operated by not more than one full-
time employee, to assist any agency with implementing this
section.
``(6) Coordination.--The Director may designate one or more
Federal agencies to participate in the development,
establishment, operation, and support of the covered website.
With respect to any such designation, the Director may
specify the scope of the responsibilities of the Federal
agency so designated.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding on
data collection standards, quality assurance methods, and
time frames for reporting data to the Director.
``(8) Regulations.--The Director may prescribe regulations
necessary for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply
with the instructions and guidance issued by the Director to
carry out this subtitle, and, upon request of the Director,
shall provide appropriate assistance to the Director to
ensure the successful operation of the covered website in the
manner and within the timeframe specified by the Director
under subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--
With respect to any submission of information described in
paragraph (1), the head of an agency shall include an
explanation of how the agency ensured the information is
complete, accurate, and reliable, and a certification that
such information is complete, accurate, and reliable.
``(h) Information Verification.--
``(1) In general.--Not less frequently than semiannually,
the Director, in coordination with the White House Office of
Presidential Personnel, shall confirm that the information on
the covered website is complete, accurate, reliable, and up-
to-date. On the date of any such confirmation, the Director
shall publish on the covered website a certification that
such confirmation has been made.
``(2) Authority of director.--In carrying out paragraph
(1), the Director may--
``(A) request additional information from an agency; and
``(B) use any additional information provided to the
Director or the White House Office of Presidential Personnel
for the purposes of verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide
feedback regarding the accuracy of the information on the
covered website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section 3349a),
the Director, in consultation with the Archivist of the
United States, shall archive the data that was compiled on
the covered website for the preceding presidential
administration.
``(2) Public availability.--The Director shall make the
data described in paragraph (1) publicly available over the
internet--
``(A) on, or through a link on, the covered website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and machine-
readable format.
``(j) Reports.--
``(1) In general.--Not less frequently than one year after
the covered website is established and not less than annually
thereafter, the Director, in coordination with the White
House Office of Presidential Personnel, shall publish a
report on the covered website that contains summary level
information on the demographics of any appointee. Such report
[[Page H4943]]
shall provide such information in a structured data format
that is searchable, sortable, and downloadable, makes use of
common identifiers wherever possible, and contains current
and historical data regarding such information.
``(2) Contents.--
``(A) In general.--Each report published under paragraph
(1) shall include self-identified data on race, ethnicity,
tribal affiliation, gender, disability, sexual orientation,
veteran status, and whether the appointee is over the age of
40 with respect to each type of appointee. Such a report
shall allow for users of the covered website to view the type
of appointee by agency or component, along with these self-
identified data, alone and in combination, to the greatest
level detail possible without allowing the identification of
individual appointees.
``(B) Option to not specify.--When collecting each category
of data described in subparagraph (A), each appointee shall
be allowed an option to not specify with respect to any such
category.
``(C) Consultation.--The Director shall consult with the
Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate regarding reports
published under this subsection and the information in such
reports to determine whether the intent of this section is
being fulfilled and if additional information or other
changes are needed for such reports.
``(3) Exclusion of career positions.--For purposes of
applying the term `appointee' in this subsection, such term
does not include any individual appointed to a position
described in subsection (a)(5)(F).''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States Code, is
amended by adding at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) GAO review and report.--Not later than 1 year after the
date such website is established, the Comptroller General
shall conduct a review, and issue a briefing or report, on
the implementation of this subtitle and the amendments made
by this subtitle. The review shall include--
(A) the quality of data required to be collected and
whether such data is complete, accurate, timely, and
reliable;
(B) any challenges experienced by agencies in implementing
this subtitle and the amendments made by this subtitle; and
(C) any suggestions or modifications to enhance compliance
with this subtitle and the amendments made by this subtitle,
including best practices for agencies to follow.
(2) Sunset of plum book.--Beginning on January 1, 2024,
such website shall serve as the public directory for policy
and supporting positions in the Government, and the
publication entitled ``United States Government Policy and
Supporting Positions'', commonly referred to as the ``Plum
Book'', shall no longer be issued or published.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from New York (Mrs. Carolyn B. Maloney) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I rise today in
support of this amendment, which contains my bill to increase
transparency and accountability of senior leaders in the executive
branch, called the Periodically Listing Updates to Management Act or
PLUM Act.
This bill would require the Office of Personnel Management to
maintain a current publicly available online directory of senior
government leaders.
Currently, a comprehensive list of people appointed by the President
is available only once every four years in a publication referred to as
the Plum Book.
The Plum Book provides only a snapshot in time and does not reflect
changes that occur between publications. As a result, current
information about senior administration officials is often outdated and
difficult to find. In the digital age, providing Americans with a list
of top Federal officials once every four years is simply unacceptable.
This bill would implement recommendations made by the Government
Accountability Office and the Administrative Conference of the United
States by modernizing and expanding the current publication of the Plum
Book and aligning it with modern data standards.
The Committee on Oversight and Reform considered this bill in June of
this year, and it was approved on a voice vote.
The Senate Homeland Security and Governmental Affairs Committee
approved a similar bill last Congress with broad bipartisan support,
and the PLUM Act has been strongly endorsed by a bipartisan group of
more than two dozen civil society organizations and experts.
I want to thank my cosponsors on the bill: Representatives Connolly,
Sarbanes, Norton, Mfume, and Castro.
I also want to thank my colleague, Representative Ocasio-Cortez for
introducing the Political Appointments Inclusion and Diversity Act,
which requires OPM to coordinate with the White House to make a summary
of demographic information on political appointees publicly available.
The requirements in her bill are included in the PLUM Act.
We should be working together and working toward making our
government more transparent for the American people and more
representative of everyone in our country. The PLUM Act would provide
timely and transparent information about senior government officials
who are making decisions impacting the lives of millions. It would
shine a light on who is at the table in our government and who is not.
I urge my colleagues to support this important legislation, and I
reserve the balance of my time.
Mr. FALLON. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. FALLON. Madam Speaker, I rise in opposition to amendment 35, and
I yield myself such time as I may consume.
The amendment would establish an online public directory of political
appointees at the Office of Personnel Management.
I want to thank Ranking Member Rogers for his extraordinary
leadership throughout this process. I want to echo his words from his
opening testimony on Monday before the House Rules Committee where he
urged the committee to ``keep out superfluous amendments that are not
related to the Department of Defense.''
Unfortunately, this advice fell upon deaf ears with regard to this
particular amendment. This politically charged amendment is wholly
outside HASC's jurisdiction. It does not belong in the NDAA.
This lies solely within the jurisdiction of the House Oversight and
Reform Committee, and the reasoning as to why we are debating this as a
measure in the NDAA is absolutely beyond me.
The Plum Book is already available online, and as of 2012 has already
been published in a more searchable and accessible format. Given that
the Plum Book is already accessible online in two separate locations,
there is no justification whatsoever for the measure's authorization
for $7 million in appropriated taxpayer money to build this new online
database.
This amendment goes beyond the original intent of the Plum Book by
creating a continuously updated website listing thousands of political
appointees and senior government officials, which may dissuade good
people from serving in future Presidential administrations and risk
abuse by enabling political targeting.
A tool that is updated monthly is not a transitional resource between
administrations but, rather, a database that can be readily exploited
by political activists to track down and target politically appointed
leaders.
Political appointees are already accountable to the duly elected
President whom they serve, and the President, of course, is accountable
to the American people every 4 years and to Congress each day of his or
her term.
Even more concerning is requiring the OPM Director to publish a
report containing information on any appointee's demographics,
including self-identified data on race, ethnicity, Tribal affiliation,
gender, disability, sexual orientation, veteran status, and whether the
appointee is over the age of 40.
Although the bill language claims to make the information anonymous,
the mere fact that OPM would be in possession of this personal
information, which is utterly unrelated and immaterial to the position
to which the person is being appointed, could have a chilling effect on
future political appointees.
Additionally, there appear to be no safeguards in this amendment
protecting this personal information from subsequent disclosure,
whether through a FOIA request or a cyber
[[Page H4944]]
breach. We have already seen during this Congress the multiple cyber
breaches at various Federal agencies.
If we can't secure the information collected by the Federal
Government, then the government shouldn't be in possession of that
information to begin with.
This provision in and of itself is egregious.
Transparency and accountability are essential to our constitutional
government, but this amendment neglects the necessary safeguards to
protect Federal employees.
Madam Speaker, I ask my colleagues, what protections are in the PLUM
Act to ensure that the database cannot be abused by activists to target
and harass public officials?
What protections exist in this amendment to protect officials who are
serving in sensitive, national security positions?
Why is it truly necessary, given that political appointees are
already accountable to the public through their service under an
elected President?
Don't you agree that this sensitive, private information this
amendment seeks is not appropriate for the government to be collecting
from our civil servants?
Shouldn't we instead be concerned about the effectiveness of our
government leadership?
This amendment is a slippery slope to requiring, collecting, and
publishing the same information about our broader Federal workforce.
Until these questions can be answered with sound policy, and our
Federal agencies can guarantee the cybersecurity and other security of
this information, I urge my colleagues to oppose this nongermane
amendment.
I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I would like to say
that I disagree with the gentleman strongly. We need to move into the
modern age. Right now all information is on the internet. It is digital
and it is available. The bill would merely require the Office of
Personnel Management to maintain a current, publicly available, online
directory of senior government officials so that anyone could access it
at any time.
A comprehensive list is already out there, as you said, but it is
printed only once every four years in a book that is called the Plum
Book, and it is only a snapshot. It is not up to date.
This bill is about modernizing the Plum Book and aligning it to
modern data standards. That is what this is about.
Information on senior leaders in government may already be obtained
by outside groups through FOIA, freedom of information requests, or
paid subscription services. There are paid subscription services, and
you can get it through a freedom of information. So it is available.
OPM civil service regulations stipulate that certain information from
personnel records for current and former Federal employees is available
to the public, including names, present and past position titles,
salaries, position descriptions, and duty stations.
Federal employees generally have no expectation of privacy regarding
this information. It is available on all of us. It is available by
private means, it is available through other means, through the FOIA,
so why not make it available and easily used by the public?
I want to answer the gentleman's claim that identifying appointees
publicly puts them at risk of political demonstrations or may make them
not want to serve or whatever. He mentioned that this was a negative.
My time is running out, but right now there is an exception for
national security positions that is recognized and reporting on
demographic information is important to get to the public, too.
I strongly support this bill.
I yield back the balance of my time.
Mr. FALLON. Mr. Speaker, in closing, I would just urge opposition to
this nongermane, intrusive, and overreaching amendment.
I yield back the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I rise today in support of H.R. 2043's
inclusion in the National Defense Authorization Act.
I want to thank the distinguished Chairwoman of the Committee on
Oversight and Reform for working with Mr. Sarbanes and me to improve
the bicameral Periodically Listing Updates to Management (PLUM) Act.
And I want to thank Mr. Smith for including this provision in the
NDAA.
This provision builds on my previous efforts to make government more
transparent and accountable.
This provision seeks to update and modernize the ``Plum Book,'' which
is a publication that includes a comprehensive list of positions
appointed by the president and the individuals who hold those
positions.
Because it is published every four years, the Plum Book provides only
a snapshot in time and does not reflect changes that occur between
publications. The publication, therefore, is almost immediately
outdated.
Moreover, it is often inaccurate, listing positions that no longer
exist in government or missing newly-established ones.
To provide more timely, transparent, and accurate information, the
PLUM Act provisions would require: the Office of Personnel Management
(OPM) to develop and maintain a publicly accessible website with data
on senior leaders in government that meets modem data standards; all
federal agencies to share data on senior officials with OPM; and OPM to
coordinate with the White House every six months to confirm that
information is complete, accurate, reliable, and up to date.
Information on senior leaders in government is already available--
although you have to make a Freedom of Information Act, or FOIA,
request to get it.
OPM civil service regulations stipulate that certain information from
personnel records for current and former federal employees be available
to the public, including names, present and past position titles,
salaries, position descriptions, and duty stations.
The people we serve have a right to know who is serving them. And
they should not have to file endless information requests to get that
information.
And OPM guidance already provides exceptions to the release of the
names of individuals in sensitive national security positions.
The bill also begins federal efforts to track the demographics of our
senior leaders in federal government.
It also allows individuals to opt out of providing such demographic
data. So no potential applicant will be forced to share their
demographic information. It's voluntary and helps us determine whether
our nation's leadership reflects the population it serves.
The PLUM Act is about promoting accountability in our federal
government leaders. And it already strikes the right balance between
privacy and transparency.
In the 116th Congress, the PLUM Act was favorably reported out of the
House Committee on Oversight and Reform and the Senate Committee on
Homeland Security and Governmental Affairs. This Congress, it's time
for enactment.
The PLUM Act implements Government Accountability Office
recommendations, and is endorsed by 24 bipartisan organizations and
experts.
Mr. Speaker, I strongly support this legislation and urge its
inclusion in the NDAA.
The SPEAKER pro tempore (Mr. Cuellar). Pursuant to House Resolution
667, the previous question is ordered on the amendment offered by the
gentlewoman from New York (Mrs. Carolyn B. Maloney).
The question is on the amendment offered by the gentlewoman from New
York (Mrs. Carolyn B. Maloney).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. FALLON. Mr. Speaker, on that I demand the yeas and nays. The
SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8,
the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 36 Offered by Mr. Johnson of Georgia
The SPEAKER pro tempore. It is now in order to consider amendment No.
36 printed in part C of House Report 117-125.
Mr. JOHNSON of Georgia. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle D of title X, insert the following:
SEC. 10__. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF
PERSONAL PROPERTY TO LOCAL LAW ENFORCEMENT
AGENCIES.
(a) In General.--Section 2576a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counterdrug,
counterterrorism, `disaster-related emergency preparedness,
and border security activities'' and inserting
``counterterrorism''; and
(B) in paragraph (2), by striking ``, the Director of
National Drug Control Policy,'';
[[Page H4945]]
(2) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following new paragraphs:
``(7) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(8) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense;
``(9) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the
request for personal property under this section by--
``(A) publishing a notice of such request on a publicly
accessible Internet website;
``(B) posting such notice at several prominent locations in
the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to the
local community for a period of not less than 30 days; and
``(10) the recipient has received the approval of the city
council or other local governing body to acquire the personal
property sought under this section.'';
(3) by striking subsections (d) and (e);
(4) by redesignating subsections (f) and (g) as subsections
(o) and (p), respectively; and
(5) by inserting after subsection (c) the following new
subsections:
``(d) Annual Certification Accounting for Transferred
Property.--(1) For each fiscal year, the Secretary shall
submit to Congress certification in writing that each Federal
or State agency to which the Secretary has transferred
property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (f) so transferred
before the date of the enactment of the Stop Militarizing Law
Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary
may not transfer additional property to that agency under
this section.
``(e) Annual Report on Excess Property.--Before making any
property available for transfer under this section, the
Secretary shall annually submit to Congress a description of
the property to be transferred together with a certification
that the transfer of the property would not violate this
section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not
transfer to Federal, Tribal, State, or local law enforcement
agencies the following under this section:
``(A) Controlled firearms, ammunition, bayonets, grenade
launchers, grenades (including stun and flash-bang) and
explosives.
``(B) Controlled vehicles, highly mobile multi-wheeled
vehicles, mine-resistant ambush-protected vehicles, trucks,
truck dump, truck utility, and truck carryall.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight application.
``(E) Silencers.
``(F) Long-range acoustic devices.
``(G) Items in the Federal Supply Class of banned items.
``(2) The Secretary may not require, as a condition of a
transfer under this section, that a Federal or State agency
demonstrate the use of any small arms or ammunition.
``(3) The limitations under this subsection shall also
apply with respect to the transfer of previously transferred
property of the Department of Defense from one Federal or
State agency to another such agency.
``(4)(A) The Secretary may waive the applicability of
paragraph (1) to a vehicle described in subparagraph (B) of
such paragraph (other than a mine-resistant ambush-protected
vehicle), if the Secretary determines that such a waiver is
necessary for disaster or rescue purposes or for another
purpose where life and public safety are at risk, as
demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph
(A), the Secretary shall--
``(i) submit to Congress notice of the waiver, and post
such notice on a public Internet website of the Department,
by not later than 30 days after the date on which the waiver
is issued; and
``(ii) require, as a condition of the waiver, that the
recipient of the vehicle for which the waiver is issued
provides public notice of the waiver and the transfer,
including the type of vehicle and the purpose for which it is
transferred, in the jurisdiction where the recipient is
located by not later than 30 days after the date on which the
waiver is issued.
``(5) The Secretary may provide for an exemption to the
limitation under subparagraph (D) of paragraph (1) in the
case of parts for aircraft described in such subparagraph
that are transferred as part of regular maintenance of
aircraft in an existing fleet.
``(6) The Secretary shall require, as a condition of any
transfer of property under this section, that the Federal or
State agency that receives the property shall return the
property to the Secretary if the agency--
``(A) is investigated by the Department of Justice for any
violation of civil liberties; or
``(B) is otherwise found to have engaged in widespread
abuses of civil liberties.
``(g) Conditions for Extension of Program.--Notwithstanding
any other provision of law, amounts authorized to be
appropriated or otherwise made available for any fiscal year
may not be obligated or expended to carry out this section
unless the Secretary submits to Congress certification that
for the preceding fiscal year that--
``(1) each Federal or State agency that has received
controlled property transferred under this section has--
``(A) demonstrated 100 percent accountability for all such
property, in accordance with paragraph (2) or (3), as
applicable; or
``(B) been suspended from the program pursuant to paragraph
(4);
``(2) with respect to each non-Federal agency that has
received controlled property under this section, the State
coordinator responsible for each such agency has verified
that the coordinator or an agent of the coordinator has
conducted an in-person inventory of the property transferred
to the agency and that 100 percent of such property was
accounted for during the inventory or that the agency has
been suspended from the program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
controlled property under this section, the Secretary of
Defense or an agent of the Secretary has conducted an in-
person inventory of the property transferred to the agency
and that 100 percent of such property was accounted for
during the inventory or that the agency has been suspended
from the program pursuant to paragraph (4);
``(4) the eligibility of any agency that has received
controlled property under this section for which 100 percent
of the property was not accounted for during an inventory
described in paragraph (1) or (2), as applicable, to receive
any property transferred under this section has been
suspended; and
``(5) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended.
``(h) Prohibition on Ownership of Controlled Property.--A
Federal or State agency that receives controlled property
under this section may never take ownership of the property.
``(i) Notice to Congress of Property Downgrades.--Not later
than 30 days before downgrading the classification of any
item of personal property from controlled or Federal Supply
Class, the Secretary shall submit to Congress notice of the
proposed downgrade.
``(j) Notice to Congress of Property Cannibalization.--
Before the Defense Logistics Agency authorizes the recipient
of property transferred under this section to cannibalize the
property, the Secretary shall submit to Congress notice of
such authorization, including the name of the recipient
requesting the authorization, the purpose of the proposed
cannibalization, and the type of property proposed to be
cannibalized.
``(k) Quarterly Reports on Use of Controlled Equipment.--
Not later than 30 days after the last day of a fiscal
quarter, the Secretary shall submit to Congress a report on
any uses of controlled property transferred under this
section during that fiscal quarter.
``(l) Reports to Congress.--Not later than 30 days after
the last day of a fiscal year, the Secretary shall submit to
Congress a report on the following for the preceding fiscal
year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary
value of such property, and the recipient that lost the
property.
``(2) The transfer of any new (condition code A) property
transferred under this section, including specific
information about the type of property, the recipient of the
property, the monetary value of each item of the property,
and the total monetary value of all such property transferred
during the fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to any transfer of property made
after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Georgia (Mr. Johnson) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. JOHNSON of Georgia. Mr. Speaker, I rise in support of my
bipartisan amendment to end the Defense Department's militarization of
police departments across the Nation.
[[Page H4946]]
I think we can all agree that community confidence in law enforcement
is at an all-time low, and a huge factor in this loss of confidence is
the militarization of our police departments across the Nation.
This trend has been exacerbated by the 1033 program that creates a
pipeline to transfer surplus military weapons from war zones directly
to domestic law enforcement agencies.
These law enforcement agencies, without consent of the civilian
authorities, obtain military grade weaponry directly from the war zones
of Iraq and Afghanistan, and it is the civilian authorities who should
decide whether such equipment is needed, not the law enforcement
agencies themselves.
The approval of city councils, county commissions, and other civilian
authorities is bypassed under the 1033 program, and this amendment
would fix that. It would stop law enforcement agencies from acquiring
military-grade weaponry without the consent of the governed.
They oftentimes have no need for these weapons of war, nor are they
trained as to how and when to use the equipment, but a requirement in
the 1033 program mandates that the acquired equipment be placed into
use within 12 months of acquisition. This mandate has resulted in the
misuse of the equipment and abuse of civilians against whom it was
used.
The result has been communities alienated and a loss of confidence in
law enforcement. Momentum is building toward reform of the 1033
program. American communities are not and should not be turned into
battlefields, and people in those communities should not be looked at
as enemy combatants.
The ending of the war in Afghanistan makes it even more important
than ever that we close down this pipeline of military-grade weapons
from foreign war zones to the streets of our Nation.
Over 17,000 pieces of military equipment have been declared excess or
surplus and sent to the Defense Logistics Agency for distribution on
our streets.
The time is now to act, and I urge my colleagues to vote ``yes'' on
my amendment.
Mr. Speaker, I reserve the balance of my time.
{time} 1615
Mr. ROGERS of Alabama. Mr. Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Alabama is recognized for
5 minutes.
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself 30 seconds.
I fully support our law enforcement community, and particularly those
in small and rural communities like those that pepper my entire
congressional district. Those are the ones that benefit the most from
the 1033 program.
Limiting military equipment transfers would significantly impede
their ability to do their jobs to keep us safe. We need to be
supporting our law enforcement community, not making their missions
more difficult.
For that reason I oppose this amendment and urge a ``no'' vote, and I
reserve the balance of my time.
Mr. JOHNSON of Georgia. Mr. Speaker, a small law enforcement agency
being able to order massive amounts of military equipment directly from
the battlefields of this country and to do it without consent of the
governed is wrong, and that is what this amendment will get at.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Florida (Mr. C. Scott Franklin), my friend and
colleague, and a great member of the Armed Services Committee.
Mr. C. SCOTT FRANKLIN of Florida. Mr. Speaker, I thank the gentleman
from Alabama for yielding me time to speak on the importance of section
1033 of the military surplus program.
My Democratic colleagues frequently argue the 1033 program exists to
militarize our police by providing lethal equipment. They claim the
program transfers weapons of war to the police. They continue to
perpetuate this misleading narrative to advance their dangerous crusade
against law enforcement.
Mr. Speaker, I have spoken with law enforcement in my district. The
1033 program has helped them acquire a number of needed pieces of
equipment, including heavy rescue vehicles.
In 2015, a perpetrator in Polk County, Florida, my home district,
wearing a bulletproof vest infiltrated a police line and had a shootout
with our SWAT team. He had a stockpile of weapons, including AR-15s and
AK-47s, and he used them to fire 93 rounds at deputies attempting to
take him into custody. Sadly, John Mikula, a Polk County EMT, was shot
and injured during the shootout.
If not for this armored SWAT military surplus vehicle acquired
through the 1033 program, more deputies might have been injured or
killed.
The 1033 program provides law enforcement agencies with needed heavy-
duty equipment at little to no cost.
It is taxpayer friendly and efficient to recycle, reuse, and extend
the life of equipment bought by taxpayers. It would be wasteful to
simply discard this gear.
Many of the types of vehicles are also used during hurricane recovery
to rescue stranded citizens. The 1033 program also provides tents,
generators, and air conditioners that are used for natural disaster
field facilities.
Mr. Speaker, I am a military veteran and familiar with weapons of
war. I have never seen rescue vehicles, tents, generators, or air
conditioners used or referred to as weapons of war.
Our law enforcement agencies use the 1033 program to acquire
equipment that protects our officers and serves our communities.
This amendment is another ridiculous amendment to defund and
undermine the men and women who protect us and put their lives on the
line.
I urge my colleagues to oppose this amendment.
Mr. JOHNSON of Georgia. Mr. Speaker, rather than defund police, this
amendment restores civilian authority over law enforcement.
And I will submit to you that a small law enforcement agency doesn't
need a military-grade tank to rescue stranded individuals due to a
hurricane or something like that, some kind of a natural disaster. You
don't need a military tank to do that.
And no law enforcement agency should be able to order that equipment
directly from the battlefield without the consent of the governed.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Florida (Mr. Rutherford), my good friend and a former
sheriff.
Mr. RUTHERFORD. Mr. Speaker, I thank my good friend from Alabama for
yielding.
Mr. Speaker, I rise in opposition to this amendment, which would
unnecessarily restrict the Department of Defense from transferring
surplus equipment to local, State, and Federal law enforcement
agencies.
We all remember the tragic Pulse nightclub shooting in my home State
of Florida.
During their response, law enforcement officers set off a controlled
explosion to distract the shooter and used an armored vehicle to breach
the walls of the nightclub to gain entry.
One of the entry officers was literally shot in the head, but his
life was saved by his antiballistic helmet. Now, I believe had the
gentleman across the aisle been an entry officer that night, he might
have a different opinion on the equipment that is necessary at those
scenes.
Under this amendment, those officers would not have had the
explosives, the armored vehicle, or the antiballistic helmet to save
their lives and many more lives that night.
This program works to get our law enforcement officers what they need
to protect themselves and to protect our communities. I always promised
my community that our law enforcement officers would be men and women
of character, well equipped, properly deployed, and skillfully managed.
The 1033 program helps achieve that goal with significant reductions of
cost to hardworking taxpayers. We must not take that away. I urge a
``no'' vote.
Mr. JOHNSON of Georgia. Mr. Speaker, a large metropolitan law
enforcement agency with the consent of the governed has the ability to
purchase whatever equipment they need, but the bottom line is the
civilian authorities get to decide, and the taxpayers pay for it.
[[Page H4947]]
But there should not be a supply line directly from the battlefield
to a local law enforcement agency without consent of the governed and
with the governed having to bear the cost of unnecessary equipment, as
well as its misuse that contributes to the decline and confidence in
law enforcement.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Texas (Mr. Nehls), another outstanding freshman.
Mr. NEHLS. Mr. Speaker, I rise in opposition to this amendment. If
passed, this amendment would greatly restrict law enforcement officer
agencies throughout the country from obtaining lifesaving surplus
military equipment like the OH-58 helicopter, and utility trucks, like
the Humvee.
When I was sheriff of Fort Bend County, Texas, if I had to comply
with this amendment, it would have limited my ability to save lives.
The 1033 program allowed me to obtain two surplus Army OH-58
helicopters saving county taxpayers thousands of dollars. They were
free. Additionally, the program provided replacement parts to keep them
flying at no cost.
After taking possession, we equipped them with lifesaving equipment
and painted them with our department colors so everyone could see who
was flying the helicopter.
The idea of saying we are militarizing our police departments, this
is what the OH-58 looked like. This is me in Kentucky picking it up.
Six weeks later, this is what they looked like. Does that look like a
military helicopter? Absolutely not. So that argument holds no water.
In addition, county, city councils, and commissioners court must
approve that equipment. It is not a rogue police chief; you must
approve the equipment.
On several occasions, my department responded to silver alerts where
senior adults were missing and couldn't be found. We deployed our
helicopters to help search for them, and we were successful in many
cases. And sadly, sir, some we were too late.
During Hurricane Harvey and other events, we used Humvees received
out of Fort Hood to rescue hundreds of families stranded in high water.
The typical law enforcement vehicle doesn't have the ability to forge
through this high water where Humvees can, even up to 5 feet, and I
have the pictures to prove it.
If the amendment passes, folks, you will be restricting law
enforcement agencies from receiving this lifesaving equipment. I know
the benefits of the program, because I participated in it. It works,
and I respectfully ask Members to reject this amendment.
The SPEAKER pro tempore. The time of the gentleman from Alabama (Mr.
Rogers) has expired.
Mr. JOHNSON of Georgia. Mr. Speaker, a pig with lipstick is still a
pig, and a military-grade helicopter secured from the battlefields of
Afghanistan is still a military-grade helicopter being used against the
citizens.
Now, if the gentleman's jurisdiction, the city council or the county
commissioner agreed to purchase and voted on that, agreed to accept the
material, then that is good, but that is not required under the 1033
program, which allows law enforcement agencies to petition directly to
the Department of Defense and get this equipment like those helicopters
without the consent of the governed. And that is wrong.
Over the last several decades, the 1033 program has transferred more
than $7.4 billion in surplus military equipment to over 8,000 Federal,
Tribal, State, and local law enforcement agencies across the country.
When I first introduced this language in 2014, I have heard every
single excuse why we should not do something about this program, but it
needs to end. The militarization of our police departments needs to end
so that we can begin the process of restoring confidence in law
enforcement.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Georgia (Mr. Johnson).
The question is on the amendment offered by the gentleman from
Georgia (Mr. Johnson).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. ROGERS of Alabama. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 38 Offered by Mr. Garamendi
The SPEAKER pro tempore. It is now in order to consider amendment No.
38 printed in part C of House Report 117-125.
Mr. GARAMENDI. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of title XVI the following new subtitle:
Subtitle F--Ballistic Missiles
SEC. 1661. FINDINGS.
Congress finds the following:
(1) According to the Congressional Budget Office, the
projected cost to sustain and modernize the United States
nuclear arsenal, as of 2017, ``is $1.2 trillion in 2017
dollars over the 2017-2046 period: more than $800 billion to
operate and sustain (that is, incrementally upgrade) nuclear
forces and about $400 billion to modernize them''. With
inflation, the cost rises to $1,700,000,000,000 and does not
include the cost of the additional nuclear capabilities
proposed in the 2018 Nuclear Posture Review.
(2) The Government Accountability Office found in July 2020
that the Department of Defense and the National Nuclear
Security Administration have still not taken meaningful steps
to address affordability concerns or heeded the Government
Accountability Office's recommendation to consider
``deferring the start of or cancelling specific modernization
programs'', including the W87-1 warhead modification program,
to address increases in the weapons activities budget
requests of the National Nuclear Security Administration.
(3) The ground-based strategic deterrent program is
expected to cost between $93,100,000,000 and $95,800,000,000
which does not include the cost of the W87-1 warhead
modification program or the cost to produce new plutonium
pits for the warhead. The total estimated life cycle cost of
the ground based strategic deterrent program is
$264,000,000,000, and the program is intended to replace 400
deployed Minuteman III missiles with more than 600 new
missiles, to allow for test flights and spares.
(4) The Air Force awarded a sole-source contract to
Northrop Grumman for the engineering and manufacturing
component of the ground-based strategic deterrent program in
September 2020, raising concerns that the absence of
competition for the award may result in higher than projected
costs to United States taxpayers.
(5) The National Nuclear Security Administration is also in
the early stages of developing a replacement intercontinental
ballistic missile warhead, the W87-1, and expanding plutonium
pit production to build new warhead cores, costing at least
$12,000,000,000 and $9,000,000,000, respectively, to meet the
modernization needs of the ground-based strategic deterrent
program.
(6) Maintaining and updating the current Minuteman III
missiles is possible for multiple decades and, according to
the Congressional Budget Office, through 2036 this would cost
$37,000,000,000 less in 2017 dollars than developing and
deploying the ground-based strategic deterrent program.
(7) On April 3, 2019, Lieutenant General Richard M. Clark,
then-Air Force Deputy Chief of Staff for Strategic Deterrence
and Nuclear Integration, noted in testimony before the
Committee on Armed Services of the House of Representatives
that we have ``one more opportunity'' to conduct life
extension on the Minuteman III intercontinental ballistic
missile, indicating the technical feasibility of extending
the Minuteman III missile despite his stated preference for
the ground-based strategic deterrent.
(8) Even in the absence of an intercontinental ballistic
missile leg of the triad, the 2018 Nuclear Posture Review
signaled that the United States would have an assured
retaliatory capability in the form of ballistic missile
submarines, which are, ``at present, virtually undetectable,
and there are no known, near-term credible threats to the
survivability of the [ballistic missile submarine] force'', a
benefit that will be enhanced as the Department of Defense
moves to replace the Ohio class ballistic submarine fleet
with the new Columbia class ballistic missile fleet.
(9) While intercontinental ballistic missiles had
historically been the most responsive leg of the United
States nuclear triad, advances in ballistic missile submarine
communications now provide immediate dissemination of
information during wartime.
(10) Intercontinental ballistic missiles cannot be
recalled, leaving decision-makers with mere minutes to decide
whether to launch the missiles before they are destroyed,
known as a posture of ``launch on warning'' or ``launch under
attack'' in the face of a perceived nuclear attack, greatly
increasing the risk of a national leader initiating a nuclear
war by mistake.
[[Page H4948]]
(11) In 1983, Stanislav Petrov, a former lieutenant colonel
of the Soviet Air Defense Forces correctly identified a false
warning in an early warning system that showed several United
States incoming nuclear missiles, preventing Soviet leaders
from launching a retaliatory response, earning Colonel Petrov
the nickname ``the man who saved the world''.
(12) Former Secretary of Defense William Perry, who once
briefed President Bill Clinton on a suspected Russian first
nuclear strike, wrote that the ground-based leg of the
nuclear triad is ``destabilizing because it invites an
attack'' and intercontinental ballistic missiles are ``some
of the most dangerous weapons in the world'' and ``could even
trigger an accidental nuclear war''.
(13) General James Cartwright, former vice chair of the
Joint Chiefs of Staff and former Commander of the United
States Strategic Command, wrote, with Secretary Perry,
``[T]he greatest danger is not a Russian bolt but a US
blunder--that we might accidentally stumble into nuclear war.
As we make decisions about which weapons to buy, we should
use this simple rule: If a nuclear weapon increases the risk
of accidental war and is not needed to deter an intentional
attack, we should not build it. . . . Certain nuclear
weapons, such as...the [intercontinental ballistic missile],
carry higher risks of accidental war that, fortunately, we no
longer need to bear. We are safer without these expensive
weapons, and it would be foolish to replace them.''.
(14) General George Lee Butler, the former Commander-in-
Chief of the Strategic Air Command and subsequently
Commander-in-Chief of the United States Strategic Command,
said, ``I would have removed land-based missiles from our
arsenal a long time ago. I'd be happy to put that mission on
the submarines. So, with a significant fraction of bombers
having a nuclear weapons capability that can be restored to
alert very quickly, and with even a small component of
Trident submarines--with all those missiles and all those
warheads on patrol--it's hard to imagine we couldn't get
by.''.
(15) While a sudden ``bolt from the blue'' first strike
from a near-peer nuclear adversary is a highly unlikely
scenario, extending the Minuteman III would maintain the
purported role of the intercontinental ballistic missile leg
of the triad to absorb such an attack.
SEC. 1662. STATEMENT OF POLICY ON SERVICE LIFE OF MINUTEMAN
III INTERCONTINENTAL BALLISTIC MISSILES AND
PAUSE IN DEVELOPMENT OF GROUND-BASED STRATEGIC
DETERRENT PROGRAM.
It is the policy of the United States that--
(1) the operational life of the Minuteman III
intercontinental ballistic missiles shall be safely extended
until at least 2040; and
(2) the research, development, testing, and evaluation of
the ground-based strategic deterrent program shall be paused
until 2031.
SEC. 1663. PROHIBITION ON USE OF FUNDS FOR GROUND BASED
STRATEGIC DETERRENT PROGRAM AND W87-1 WARHEAD
MODIFICATION PROGRAM.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
Department or Defense or the National Nuclear Security
Administration may be obligated or expended for the ground-
based strategic deterrent program (including with respect to
supporting infrastructure) or the W87-1 warhead modification
program.
SEC. 1664. LIFE EXTENSION OF MINUTEMAN III INTERCONTINENTAL
BALLISTIC MISSILES.
(a) Life Extension Program.--Beginning not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall commence efforts for a life
extension program of Minuteman III intercontinental ballistic
missiles to extend the life of such missiles to 2040.
(b) Elements of Program.--In carrying out the life
extension program under subsection (a), the Secretary shall
ensure the following:
(1) The program will incorporate new and necessary
technologies that could also be incorporated in the future
ground-based strategic deterrent program, including with
respect to technologies that--
(A) increase the resilience against adversary missile
defenses; and
(B) incorporate new nuclear command, control, and
communications systems.
(2) The program will use nondestructive testing methods and
technologies similar to the testing methods used by the Navy
for Trident II D5 submarine launched ballistic missiles to
reduce destructive testing.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from California (Mr. Garamendi) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. GARAMENDI. Mr. Speaker, the United States, Russia, and China are
aggressively engaged in a new nuclear arms race. The rapid development
by all three nations of new bombs, new stealth delivery systems, and
near total reliance on space for observation and communications makes
this new nuclear arms race far more dangerous than the previous arms
race.
Therefore, in an effort to slow the pace and to create time for arms
control negotiations to move forward, I rise to offer an amendment to
the fiscal year 2022 National Defense Authorization Act that pauses the
development and prohibits the funding for the Ground Based Strategic
Deterrent, the GBSD, program and the associated W87-1 nuclear warhead
for the fiscal year 2022.
This amendment also extends the service life of the Minuteman III
Intercontinental Ballistic Missile, which is in place today, the
current missile system that the GBSD is slated to replace, until at
least 2040.
My amendment also requires the use of nondestructive testing methods
and technologies similar to those used by the Navy for the Trident II
D5 submarine-launched ballistic missiles.
There has been much debate over the ground-based leg of the nuclear
triad recently. I have frequently argued for a longer pause for the
GBSD program to help defer the cost of over $240 billion that will
occur in the next 20 years for not only this, but the remaining nuclear
enterprise monitorization initiatives and to slow the pace of the
ongoing arms race with Russia and China.
However, this amendment does not seek to permanently resolve the
question of the future of the land-based ballistic missile systems.
While that debate is of utmost importance, my amendment only seeks a 1-
year pause in the funding.
Why a 1-year pause? The answer is because a short pause is practical
and prudent, given the Biden administration is currently undertaking a
new nuclear posture review, which is expected to be completed in the
early calendar year of 2022.
{time} 1630
The NPR will establish the future role of the nuclear arsenal.
Further development of the GBSD, therefore, can occur after that time
period.
Now, before we spend billions of dollars in fiscal year 2022 on the
GBSD and the W87-1 warhead, and over $276 billion when accounting for
the total lifecycle cost on a nuclear missile system that is not yet
needed, we should wait until the President completes the NPR so that we
have a complete picture of the overall requirements.
This pause will have absolutely no impact on our deterrence
capability, now or in the near future. We know that the Minuteman III
ICBMs can be safely life-extended until at least 2040. We know that
because that is exactly what the Air Force intends to do with more than
half of that arsenal. The U.S., Russia, and China, as they rush to
modernize their nuclear arsenals, the tripwire is becoming more taut
each and every day.
Observation and communication satellites and systems are increasingly
vulnerable to attacks. All three countries are fielding stealth and
hypersonic nuclear delivery systems designed to evade detection. The
risks of a false alarm or a political miscalculation has always--
always--haunted the nuclear landscape, and they do even more today.
While we must recognize the need to preserve a safe, secure, and
effective deterrent as long as nuclear weapon systems exist, some
aspects of the current modernization programs are simply not required.
Mr. Speaker, I reserve the balance of my time.
Mr. TURNER. Mr. Speaker, I claim the time in opposition.
The SPEAKER pro tempore. The gentleman from Ohio is recognized for 5
minutes.
Mr. TURNER. Mr. Speaker, I thank my good friend, Mr. Garamendi, for
bringing this forward. I do mean that ``thank you'' sincerely because
he gives us an opportunity to highlight that this provision that he
seeks to undo has strong bipartisan support.
Representative Garamendi, although being my good friend, is in the
minority of the minority. He gives us an opportunity to highlight that,
in fact, his amendment would remove funding that is requested by
President Joe Biden. It is of a program that was initiated by the Obama
administration. These plans have been validated by three Presidential
administrations--Democrat and Republican--six Congresses, and six
Secretaries of Defense, and a bipartisan majority in Congress has voted
repeatedly in support of this program. The same holds true for the
warhead, which will eventually go on top of the missile. Both Democrat
and Republican
[[Page H4949]]
Presidents support this system as it will replace the oldest warhead in
the U.S. arsenal. This will increase our safety and security.
We have been told by Secretary Austin that to try to extend--if it
could--the Minuteman III, it would take $38 billion more. We would have
less capability. And earlier this year, we even had a failure of a
Minuteman III ICBM test. This cannot be accomplished, and it has
bipartisan support to move forward. This is about safety and security
of our nuclear deterrent and our Nation.
Mr. Speaker, I reserve the balance of my time.
Mr. GARAMENDI. Oh, my good friend from Ohio, how often have I heard
you say that President Biden has been wrong so many times over the last
6 months. And, indeed, he is wrong in this respect, also. So let's
agree on that.
The fact of the matter is the extension of the Minuteman III for the
next 15 to 20 years is not more expensive than the GBSD. In fact, the
GBSD cost estimates compared to the Minuteman III are based on a 50-
year period of time until 2075.
Oh my goodness. When did we last take up that period of time in any
of our cost calculations here? We don't. It is simply a false way of
addressing the cost differential.
It is, in fact, cheaper in the next 15 to 20 years to do a life cycle
extension when necessary on the Minuteman III missiles, and it is
entirely feasible to do so, as said by the military themselves.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from California's time has
expired.
Mr. TURNER. Mr. Speaker, I yield 1 minute to the gentleman from
Nebraska (Mr. Bacon).
Mr. BACON. Mr. Speaker, I stand in strong opposition to this
amendment and the extreme damage it would do to our national security.
This amendment is misguided based on the rapid changes in the global
threat environment. It is well-established that Russia has modernized
its entire nuclear arsenal. Meanwhile, we are still debating it, and we
have a 50-year-old ICBM. Even more concerning is that we have recently
learned that China has embarked on a crash nuclear buildup program, the
pace of which has stunned observers around the world.
Open-source reporting has recently confirmed three new Chinese ICBM
fields with over 100 silos each. When armed, these silos, along with
China's road-mobile ICBMs model, will match our ICBM inventory, and
they will be new. China is now on pace to quadruple its nuclear
stockpile as it sprints to achieve parity with the United States and
Russia.
For the first time in our history, the United States confronts not
one but two peer nuclear-armed competitors who do not share our values.
Make no mistake, our friends and allies are watching this vote.
Further delaying modernizing our land-based leg of the triad while
China and Russia modernize theirs will have the disastrous effect of
encouraging allies to develop their own nuclear capabilities or, worse,
submit to coercion from China and Russia.
Mr. Speaker, I ask my colleagues to oppose this amendment.
Mr. TURNER. Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from Ohio has the only time
remaining.
Mr. TURNER. Mr. Speaker, may I inquire how much time is remaining.
The SPEAKER pro tempore. The gentleman has 2\1/2\ minutes remaining.
Mr. TURNER. Mr. Speaker, I yield 1 minute to the gentleman from Utah
(Mr. Moore).
Mr. MOORE of Utah. Mr. Speaker, I thank the gentleman for yielding,
and I thank my friend from California for the debate as well.
Mr. Speaker, we debate this often. We have made our points. We have
done this in committee for several months. I want to highlight a couple
of things here of what I believe is misinformation about this program,
specifically related to the cost and effectiveness of the current
Minuteman III.
The amendment sponsors will claim that the Congressional Budget
Office has concluded that Minuteman III life extension will cost $37
billion less than GBSD. The Office of the Secretary of Defense and the
U.S. Air Force have come to a different conclusion.
I recall conversations in a committee hearing with Secretary Roth, an
appointment of President Biden, talking about when you look at the
overall benefit of GBSD, if we continue to try to fix our old
carburetor or my old furnace, it is not going to be more effective for
what the long-term gain is.
The Democrat sponsors will claim that the Air Force has stated that
they can extend the Minuteman III. Admiral Richard told us that a life
extension is not possible. We simply don't have the parts. We have the
engineers at Hill Air Force Base that are looking on eBay, trying to
get actual parts for this.
Mr. Speaker, this is not possible. It is time to modernize.
Mr. TURNER. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Jackson).
Mr. JACKSON. Mr. Speaker, I thank the gentleman from Ohio for
yielding.
Mr. Speaker, I rise in opposition to this amendment, as it cuts
funding for the W87-1 warhead, which will be assembled at the Pantex
Plant in Amarillo, Texas.
These are funds that have been mentioned or requested by President
Biden and are broadly supported across all of Congress. Cutting funding
for the W87-1 would be irresponsible and unsafe, as it is slated to
replace the W78, which will soon be the oldest weapon in the stockpile.
This program was started by Obama, continued by Trump, and is now
being funded by Biden. It has been a great success as it has hit all of
its markers and is on track to reach IOC and deliver the first unit in
2030.
Further, plutonium pits for the W87-1 will eventually be produced at
the Los Alamos National Lab and Savannah River Site, giving us a
production capability that we do not currently have.
For these reasons and the others mentioned by my colleagues, I urge
everyone to oppose this far-left attempt to unilaterally disarm the
United States.
Mr. TURNER. Mr. Speaker, Representative Garamendi is correct. Russia
and China are in an arms race; we are not merely modernizing our
forces. It is sad that we are here trying to defend against an
amendment that will weaken our national defense just as yesterday the
majority cut a billion dollars from the defense of Israel in its Iron
Dome, which will only make it more likely that there is conflict.
Cutting our nuclear deterrent also just increases the likelihood that
there would be conflict. This is about making certain our country
remains safe. This is about our national security. Everyone should vote
``no'' on this amendment.
Mr. Speaker, I yield back the balance of my time.
Ms. CHENEY. Mr. Speaker, I rise in opposition to amendment No. 38,
offered by my colleague Rep. Garamendi. The sponsors of this amendment
would have you believe that this amendment is an attempt to save money
and that life extending the Minuteman III ICBM is a cost saver. This is
simply untrue. The House Armed Services Committee has heard witness
after witness testify that any Minuteman Ill life extension will cost
billions more than GBSD. We've heard from Admiral Richard of STRATCOM,
General Hyten, and General Milley that the current ICBM can no longer
be credibly or affordably sustained--and even if it could, it would not
meet deterrence requirements of the future. According to Secretary
Austin, even if the Minuteman III could be life extended, which is
increasingly difficult as antiquated parts fall out of production, such
an effort would be at least $38 billion more expensive than GBSD. For
the MM III to be usefully life extended, the United States would need
to replace a number of major missile components--which, even if
accomplished at cost and on time, would still fall short of the
Department of Defense's requirements--including accommodating modern
safety and security features and defeating the emerging anti-missile
technologies of our adversaries. GBSD will incorporate low risk,
technically mature components; feature a modular architecture that can
incorporate emerging technology to adapt to rapidly evolving threat
environments; and will be easier to maintain than the MM III--all of
which will save on costs and provide great value as GBSD operates well
into the 2070s. Finally, the GBSD program will not only replace the MM
III missile, but also modernize the launch facilities, improve command
and control, and increase safety and security. While our adversaries
are modernizing
[[Page H4950]]
their deterrents at breakneck speed, the proposed amendment would keep
America in the past. I will oppose the Garamendi amendment.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from California (Mr. Garamendi).
The question is on the amendment offered by the gentleman from
California (Mr. Garamendi).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. TURNER. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
amendment no. 39 offered by mr. schrader
The SPEAKER pro tempore. It is now in order to consider amendment No.
39 printed in part C of House Report 117-125.
Mr. SCHRADER. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION OF ENTITIES SUBMITTING UNFUNDED
PRIORITIES LISTS.
(a) Reduction of Entities.--
(1) In general.--Section 222a of title 10, United States
Code, is amended--
(A) in subsection (b), by striking paragraphs (5) through
(7) and inserting the following new paragraph (5):
``(5) The Commander of United States Special Operations
Command.'';
(B) in subsection (c), by striking paragraph (3); and
(C) by amending the section heading to read as follows:
``Sec. 222a. Annual report on unfunded priorities''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by striking
the item relating to section 222a and inserting the following
new item:
``222a. Annual report on unfunded priorities.''.
(b) Missile Defense Agency.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by striking section 222b.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 222b.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Oregon (Mr. Schrader) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. SCHRADER. Mr. Speaker, I rise today to offer an amendment to this
year's National Defense Authorization Act to help rein in a practice
that has existed from the 1990s known as the unfunded priorities list
or unfunded requirements list.
The practice originally had good intent, to allow some flexibility
for the Armed Services for issues that came up outside of the normal
appropriations process, but it has grown to become embedded to
encompass larger areas in the Pentagon budget that were never
considered to be part of that mandate at the time.
Mr. Speaker, we are getting out of Afghanistan. We have decided that
we are not going to be pursuing every war overseas, trying to protect
American servicemen and -women. Our budget should reflect that.
We have tried to be honest in our budget this year. The overseas
contingency budget has been eliminated. Let's be honest in our budget
request.
We go through an extensive process, both in the authorizing committee
of the Armed Services and in our Committee on Appropriations, to make
sure that the budget requests are reasonable and reflect the interests
of the American people and the congressional districts that we
represent.
Let's be honest here. The budget has changed. It is time to rein in
some of the spending. The Defense Department has showcased $125 billion
in waste and inefficiencies within its own budget. It is time to rein
that in. The unfunded requirement list, the unfunded priorities list,
is part of that.
My amendment does not eliminate it. I want to repeat that. It does
not eliminate it. It just restricts its use back to the services and
SOCOM, like it was originally intended. It still gives the Pentagon the
ability to showcase additional needs not included in the main budget
request, but it eliminates that budgetary creep that we have seen over
the past several years.
Mr. Speaker, this issue crosses party lines. Former Senate Armed
Services Committee Chairman John McCain said, ``I am not really big on
unfunded priority lists. I think they are sort of a backdoor way of
getting things done.''
We have actually seen what happens when the Pentagon stops this from
happening. With Roberts Gates as Secretary, we cut down on the use of
these UPLs drastically during his tenure, and the DOD budget continued
to operate just fine.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I rise in strong opposition to
this amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Speaker, I want people to understand what
the gentleman is proposing because it is naive and reckless.
When we get the budget proposal from the administration, it is just
that. It is a proposal. But it is also from the executive branch. It is
not coming directly from the combatant commanders, who are the
individuals that we charge with the responsibility for executing the
U.S. missions around the world.
This amendment would prohibit them giving us the items that were not
funded by the President's budget proposal. Keep in mind, both this
President and the last President have given us budget proposals that
were grossly inadequate. We were able to remedy it under the last
President; we were able to remedy it in this one with this President.
And we depend heavily on what the combatant commanders tell us they
need.
It is critical that Congress knows what the commanders need to keep
our servicemembers safe and ensure the success of their missions.
Here is an example. In the fiscal year 2022 unfunded priority, the
CENTCOM commander sent us a $106 million request to operate and
maintain the Patriot batteries deployed in Iraq to keep our troops safe
from missiles fired from Iran and the proxies in Syria.
That money was not in the Biden budget. We found out about it and
funded it because of that critical need, and it is now in the bill
because General McKenzie told us about it in his unfunded requirement
list. We wouldn't have known about that otherwise. That is just one
example of why this amendment is misguided.
Mr. Speaker, I urge all Members to oppose it, and I reserve the
balance of my time.
{time} 1645
Mr. SCHRADER. Mr. Speaker, I think the good gentleman on the other
side of the aisle is confused. We are not talking about restricting the
appropriations process or the Armed Services Committee from making the
decisions and the priorities based on what is submitted by the Defense
Department agencies, as well as congressional districts themselves.
This merely just says, if we abide by some of the decisions, we
should abide by the decisions that are made by the Appropriations
Committee, as the good gentleman points out. Actually, abide by the
decisions that are made by the appropriators, based on their input, the
intel that was just described.
We are talking about the unfunded priorities list, which is basically
a slush fund for mission creep that we no longer need. We have to
respect the will of the people, the congressional districts that we
represent, and should abide by their wishes in our budgetary
allocations.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I know the gentleman means well,
but I am not misguided, and I don't misunderstand anything.
I know exactly what the unfunded requirements request list is, it is
a vital piece of information for our committee to do its oversight, and
I urge the Members of this body to reject this amendment, and I reserve
the balance of my time.
Mr. SCHRADER. Mr. Speaker, I would just point out, as Chairman
[[Page H4951]]
Smith said in last year's NDAA, some people believe that no matter what
you spend on the Pentagon and defense spending, you should always spend
more. And they are trying to push us down that road towards more, which
is wrong, because it is waste.
It is also wrong because it is bad for national security. We need to
make choices, not imagine that the budget is unlimited. Mr. Speaker, I
reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, this is a terrible and reckless
amendment, and I urge all the Members of this body to reject it, and I
yield back the balance of my time.
Mr. SCHRADER. Mr. Speaker, very simply put, my colleagues and
friends, if the priorities did not make it into the largest piece of
the discretionary budget that we vote on, how big a priority can it
really be? Let's restrict, but not eliminate, the unfunded priorities
list.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Oregon (Mr. Schrader).
The question is on the amendment offered by the gentleman from Oregon
(Mr. Schrader).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. ROGERS of Alabama. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 40 Offered by Ms. Ocasio-Cortez
The SPEAKER pro tempore. It is now in order to consider amendment No.
40 printed in part C of House Report 117-125.
Ms. OCASIO-CORTEZ. Mr. Speaker, today I rise to offer amendment 40,
as the designee of Congressman Mark Pocan, to reduce the Pentagon
budget by 10 percent.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 2022 BY THIS ACT.
(a) In General.--The amount authorized to be appropriated
for fiscal year 2022 by this Act is the aggregate amount
authorized to be appropriated for fiscal year 2022 by this
Act minus the amount equal to 10 percent of the aggregate
amount.
(b) Allocation.--The reduction made by subsection (a) shall
apply on a pro rata basis among the accounts and funds for
which amounts are authorized to be appropriated by this Act
(other than the Defense Health Program, military personnel,
and persons appointed into the civil service as defined in
section 2101 of title 5, United States Code), and shall be
applied on a pro rata basis across each program, project, and
activity funded by the account or fund concerned.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from New York (Ms. Ocasio-Cortez) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. OCASIO-CORTEZ. Mr. Speaker, I rise today to offer amendment 40,
to reduce the Pentagon budget by 10 percent.
During a time when our country is withdrawing from foreign wars, when
COVID-19 and its fallout is one of the greatest threats that we face,
when record levels of unemployment, housing, and healthcare crises are
among us, the United States should be reducing its military spending by
at least 10 percent and prioritize the very needs of our communities
here at home.
Today, we can cut the defense authorization by 10 percent, without
any need to deny our servicemembers or their families any of the
support that they need. And in doing so, we can free up to $77 billion
to go towards fighting the COVID-19 pandemic and much more.
Mr. Speaker, I urge support of this amendment, and I reserve the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Alabama is recognized for
5 minutes.
Mr. ROGERS of Alabama. Mr. Speaker, this amendment will strip $79
billion out of the bill. That would have catastrophic effects on our
training and readiness.
I need to remind Members, we have been at war for two decades, we
have worn out everything we have got. We have got to start replacing
and modernizing for the future to be able to take on the threats from
China and other adversaries. This will set us back on clean-up and
environmental remediation of PFAS and other contaminated items.
It would put off construction of new military housing, schools, and
childcare facilities, and the list goes on.
Mr. Speaker, I urge all Members to oppose this amendment, and I
reserve the balance of my time.
Ms. OCASIO-CORTEZ. Mr. Speaker, there was a point brought up that
this could potentially threaten our readiness, and I would counter that
it is not the readiness that cutting our defense budget threatens, it
is the profit margins of defense contractors.
In fact, almost every major defense contractor here in the United
States has had to pay fines or settlements for fraud or misconduct, all
while getting about $1 trillion in public funding in defense contracts.
I have seen this personally in my work on the Oversight and Reform
Committee, where we have encountered contractor after contractor
gouging the public and draining our resources.
In fact, the $77 billion is not even that hard to find. The Pentagon
could save almost $58 billion by eliminating obsolete weapons, weapons
like Cold War era bombers and missiles designed and built in the last
century that are completely unsuitable for this one.
We could find another $18 billion by simply preventing the end-of-
year spending sprees that lead to contract money being shoveled out the
door every September. In fact, the Congressional Research Service has
documented these spending spikes, and you could set your watch to it.
Each September, as offices at the Pentagon go on last minute spending
sprees to justify next year's budget increases, we have increased our
military spending year after year, senselessly and needlessly. And now,
again, during a time when we have ended an almost two decade war, there
is no reason for us to be increasing our military spending and our
defense budget when we are not funding childcare, healthcare, housing
priorities, and the climate crisis here at home.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, this bill does everything the
gentlewoman just talked about. We are investing in those items that she
has talked about, and we are divesting ourselves of those $78 billion
worth of legacy platforms that will not be useful in the future, and we
are applying that money toward future platforms.
Mr. Speaker, I yield 1\1/2\ minutes to gentleman from Tennessee (Mr.
DesJarlais), my friend and colleague, and an outstanding member of the
Armed Services Committee.
Mr. DesJARLAIS. Mr. Speaker, I rise today in strong opposition to the
Pocan amendment. A 10 percent cut to this budget will leave America
vulnerable to our adversaries.
The United States is facing daily threats from China, Iran, Russia,
North Korea, and a whole host of other bad actors. We must fully fund
our military so the U.S. has every capability necessary to deter those
who wish to do us harm.
The fiscal year 2022 National Defense Authorization Act has
bipartisan support from the House Armed Services Committee already.
With the approved budget on the floor today being $23.9 billion more
than the bare-bones budget that originally came through. There is a
reason why the improved budget was approved in a bipartisan vote of the
committee by an overwhelming 57-2 margin.
Modernization is an important part of our military strategy. Our
military leaders have spent the past year sounding the alarm and
testimony before Congress that our top competitors, Russia and China,
are working at a startling pace to close the gap between themselves and
the U.S. in areas like
[[Page H4952]]
nuclear modernization. In other areas, like hypersonic capabilities,
they may have already surpassed us.
This budget is absolutely necessary in order to maintain advantages
over our enemies as technology continues to evolve and change rapidly.
Now is not the time to recklessly cut what we must spend to protect our
country and provide for our men and women in uniform.
We must ensure our brave men and women in the armed services have
every resource necessary to keep the American people safe.
Ms. OCASIO-CORTEZ. Mr. Speaker, the Pentagon is the only Federal
department that has never passed an audit, despite this requirement
being on the books for over 30 years. You know there are folks who are
supportive of the current levels, the increase and skyrocketing levels
of defense spending, saying, we are already meeting all of our needs
with this.
I don't think a single American, I don't know a single member of my
district that can say that our childcare needs are being met in this
country, that our healthcare needs are being met, that our climate
action that is necessary is being met. Our needs are not being met.
And despite all of this rhetoric about the deficit and all this fear
about government spending, for some reason, our defense budget seems to
be exempt from this conversation, and that we ask Americans and people
in this country year after year to engage in the magical thinking that
defense spending comes at no real cost. It does.
It comes at the cost of our security, because when we do not have and
we are not able to go to school, to go to work and count on childcare
for our children, it makes us less safe. When we are not able go to an
emergency room and have our healthcare covered, we are less safe.
The degradation and erosion of our social systems here domestically
is a threat as well. And that is happening because of our explosion in
defense spending. The explosion in defense spending is coming at the
cost of our domestic development here at home.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I would point out that achieving
or meeting the objectives that the gentlewoman just outlined and
defense are not mutually exclusive, we can do both and should do both.
And I would point out that the $3.5 trillion that the other side is
proposing doesn't spend a dime on defense. Also, we are in the process
of auditing. The gentlewoman is exactly right, the Defense Department
has never passed an audit. This bill continues the pressure on them to
get that complete. We have had many agencies that passed, not all have,
and we are not going to let up until they pass an audit.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Wisconsin
(Mr. Gallagher), the ranking member of the Military Personnel
Subcommittee and the Armed Services Committee, and an outstanding
leader.
Mr. GALLAGHER. Mr. Speaker, I rise in opposition to the amendment,
which I think would be very destructive.
Earlier this year, the former head of Indo-Pacific Command, Admiral
Phil Davidson, warned that the Chinese Communist Party could make a
move on Taiwan within the next 6 years. Within the next 6 years, we
could be facing a crisis unlike anything we have seen in our lifetime.
This assessment was concurred by the chief of naval operations, the
commandant of the Marine Corps. And the idea that we are going to do an
across the board 10 percent cut, an indiscriminate across the board 10
percent cut to the Pentagon, at a time when we are facing a serious
national crisis, I think, makes absolutely no sense.
The ranking member pointed out the irony and tragedy that the other
side is proposing to spend $3.5 trillion on social welfare spending,
and then telling us that we have an explosion in defense spending, when
defense spending, as a percentage of GDP, is still at lows relative to
what we spent during the Cold War.
Does anyone seriously believe that by releasing a press release or
engaging in a security partnership with the Taliban we somehow ended a
war? Does anyone seriously believe that the struggle against Salafi
jihadism is somehow over because we have surrendered in that struggle?
Absolutely not.
And the reason and the irony that defense spending has gone up, if
you can even compare the Obama cut in real terms to the Reagan defense
build-up, it is not because of missiles or ships or bombs, it is
because of increasing personnel costs, right? It is healthcare and
retirement costs.
So as an empirical matter, what you are arguing is simply not true.
As for spending too much money on defense, what costs a lot of money is
when you stumble into war on someone else's terms, and the best way to
do that is to project weakness. Weakness invites aggression. We can
achieve peace only through strength.
{time} 1700
Ms. OCASIO-CORTEZ. Mr. Speaker, I think what we just experienced and
have seen in our last two-decade war is exemplary of the types of waste
that goes on, where what we see is lack of oversight and what we see is
runaway military contractor spending with little oversight in what is
going on, and then folks are caught surprised in the end that all of
this investment seems to not have panned out and it has not been
invested in the way that the American public was led to believe all
along.
Now, not only are they tremendous costs that we had laid out earlier,
but also this explosion in spending leaves our public health priorities
underfunded, militarizes every problem in our society, and turns
peaceful protesters into targets for weapons of war.
Mr. Speaker, I urge support for this amendment, and I yield back the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, this amendment guts our bill
which is, I am certain, the gentlewoman's intention. It is recklessly
irresponsible. It would harm our servicemembers and their families.
Mr. Speaker, I strongly urge all Members to oppose it, and I yield
back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from New York (Ms. Ocasio-Cortez).
The question is on the amendment offered by the gentlewoman from New
York (Ms. Ocasio-Cortez).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. ROGERS of Alabama. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 41 Offered by Ms. Jacobs of California
The SPEAKER pro tempore. It is now in order to consider amendment No.
41 printed in part C of House Report 117-125.
Ms. JACOBS of California. Mr. Speaker, I rise to offer amendment No.
41 as the designee of Ms. Lee of California.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of subtitle A of title X the following new
section:
SEC. 1004. REDUCTION TO FUNDING AUTHORIZATIONS.
(a) Reduction.--Notwithstanding the amounts set forth in
the funding tables in division D, the amounts authorized to
be appropriated by this Act are hereby reduced by a total of
$23,955,510,000, to be derived from the amounts, and from the
corresponding accounts, as specified by amendment number 1463
offered by Mr. Rogers during the mark-up session of the
Committee on Armed Services of the House of Representatives
on September 1, 2021.
(b) Transfer of Amounts to Treasury.--Not later than
September 30, 2022, the Secretary of Defense shall transfer
to the general fund of the Treasury not less than a total of
$1,600,000,000 in amounts authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for
the Department of Defense, to be derived from amounts
authorized for procurement or operation and maintenance, or a
combination thereof.
Strike section 1017.
Strike title XXIX.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from California (Ms. Jacobs)
[[Page H4953]]
and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. JACOBS of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, this amendment offered by my friend and colleague,
Congresswoman Barbara Lee, restores the NDAA to the original funding
level requested by the White House, the Pentagon, and the chair of the
Armed Services Committee.
Specifically, it would remove the Rogers amendment which would
increase the pending authorization by $23.9 billion. When Mr. Rogers'
amendment was offered during committee markup, I voted against it, and
nothing over the last few weeks has led me to change my mind.
Mr. Speaker, just 3 weeks ago we ended our military operations in
Afghanistan--America's longest war and one that started when I was in
middle school. Yet what some are concluding from that is that what we
need is more war, more weapons, and billions of dollars more than even
what the Pentagon themselves are asking for.
So many of my colleagues who supported Mr. Rogers' amendment note the
emerging threat from China as their reason to support this increase,
even though very little of this increase is even relevant to China and
most national security experts agree that making needed domestic
investments is far more important to our competitiveness with China.
Instead, this inflated budget seeks to sugarcoat that for years we have
been decreasing investments in diplomacy and the support of our
servicemembers in favor of purchasing new, unproven, and un-needed
weapons.
We need to have an honest conversation about the Pentagon budget and
focus on what is achievable, what the real threats are, and what we
actually need for our national security. For the last 20 years, we have
been told that we need more, but I think it is time to recognize that
there are simply not military solutions to every problem.
I thank Congresswoman Lee for offering this amendment.
Mr. Speaker, I urge my colleagues to vote ``yes'', and I reserve the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I claim the time in opposition to
the amendment.
The SPEAKER pro tempore. The gentleman from Alabama is recognized for
5 minutes.
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, here we go again. This time they are stripping $25
billion in funding added by Republicans and Democrats on the committee.
The gentlewoman argues that the Biden budget is sufficient for our
national defense. I strongly disagree. The Biden budget constitutes a
cut of about $4 billion in real spending from last year. The budget
cuts the number of Navy ships. It cuts the number of Navy ships and
destabilizes the industrial base. It slashes procurement across the
board. It guts missile defense. It leaves unfunded $25 billion in
combatant commander priorities, and it cuts the Army, Navy, Air Force,
and Marines. At least they left the Space Corps alone.
It does all this while our adversaries, especially China, are
investing in military modernization. China increased its defense
spending by 75 percent over the last decade--6 percent this year alone.
They are leapfrogging this into capabilities like AI and hypersonics,
and they are stepping up malign operations against America and our
allies.
What is the President's response to this?
He responds with a budget that would cut funding programs that we
need to deter China. It doesn't make sense, especially when he is
proposing to swell nondefense spending by a massive 16 percent this
year. This bill corrects that.
Mr. Speaker, I urge all Members to oppose this amendment, and I
reserve the balance of my time.
Ms. JACOBS of California. Mr. Speaker, I yield 1 minute to the
gentleman from Washington (Mr. Smith), who is the esteemed chair of the
Armed Services Committee.
Mr. SMITH of Washington. Mr. Speaker, first of all, I want to get the
numbers clear here. The budget proposed by President Biden was $753
billion, and by supporting this amendment, we support President Biden's
budget of $753 billion, which was a $12 billion increase over last
year's budget.
Last year's budget--the last budget from the Trump administration--
only increased the defense budget that year by $3 billion. So a $3
billion increase last year was perfectly acceptable to my Republican
colleagues in the House and Senate under President Trump. A $12 billion
increase this year is not. So the numbers are just being dramatically
presented here as some kind of cut when it is actually a bigger
increase than Trump did in his last year in the White House.
Let me make it clear: I see the threats, and I do agree more with my
Republican colleagues on that point. I don't support the previous
amendment that does the $75 billion cut because I understand the threat
environment and I know that we need to modernize to meet that threat
environment.
But the other thing I see is decades of waste and wasteful
expenditures on programs like the F-35 and the Ford-class carrier.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. JACOBS of California. Mr. Speaker, I yield the gentleman an
additional 30 seconds.
Mr. SMITH of Washington. Mr. Speaker, we spent money in a very
imprudent way. We have got to instill discipline at the Pentagon so we
get value for the dollars that we spend. Simply giving them another $25
billion does not do that, and $753 billion is enough. It is even better
if we actually start spending it wisely, intelligently, and
effectively. That doesn't happen. I am a little short. Can you just
give me a little more money?
I always love the Winston Churchill quote: ``Gentlemen, we have run
out of money; now we have to think.''
That is the type of discipline we need at the Pentagon, not just to
give them a blank check every time they ask. The President's budget is
sufficient to meet our needs.
Mr. Speaker, I urge support for the amendment.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Virginia (Mr. Wittman), who is a real leader on the
Armed Services Committee and ranking member on the Seapower and
Projection Forces Subcommittee.
Mr. WITTMAN. Mr. Speaker, I thank the Republican leader for yielding.
Similar to the previous amendment, I believe this amendment is
extremely misguided. In fact, on March 24 of this year, I invited both
Ms. Lee and Mr. Pocan to attend a classified briefing on the
existential threats we face in great power competition.
Mr. Speaker, instead of taking me up on that offer, they continue to
turn a blind eye. The chairs of the Defense Spending Reduction Caucus
don't want to learn about what the threats are. They don't want to
learn more about the critical capabilities that would be out of the
hands of our warfighters if this amendment were to pass.
I can stand here and tell that caucus about how this plus-up has $9.8
billion in procurement that is aimed directly at deterring China. That
means building additional ships, among other capabilities, to keep up
with China.
Or I can tell them that there is $3 billion for sustainment
operations that allow our warfighters to conduct global operations,
including humanitarian operations in places like Haiti.
Or I can tell them there is $3.8 billion for military construction to
improve facilities in districts across the country to make sure our
servicemembers aren't working in rundown facilities.
I can even tell them there is $5.2 billion for research and
development that assures our future servicemembers will have what they
need when called upon to do the job or to fight to victory and come
home safe.
But I don't think any of that is going to resonate because these
progressive Members don't want to learn about the existential threats
we face. These far-left Members just want to play progressive politics,
and that means weakening our national security.
To the rest of my colleagues here today, this plus-up is good for
national security and good for this country.
Mr. Speaker, you can ask any service branch chief or combatant
commander--because we have asked them--and they have told us these are
the things that they need going forward.
[[Page H4954]]
Mr. Speaker, I strongly urge everyone to vote against this amendment.
Ms. JACOBS of California. Mr. Speaker, may I inquire how much time I
have remaining.
The SPEAKER pro tempore. The gentlewoman from California has 1\3/4\
minutes remaining. The gentleman from Alabama has 2 minutes remaining.
Ms. JACOBS of California. Mr. Speaker, I yield 1 minute to the
distinguished gentlewoman from New York (Ms. Ocasio-Cortez).
Ms. OCASIO-CORTEZ. Mr. Speaker, I rise in support of amendment No. 41
which would cut $25.5 billion from the defense authorization bill.
There were some accusations just now saying that this is about
progressive politics. But this bill allocates $25 billion more than
President Biden even requested. So what we should be doing is sticking
to the plan and giving the President of the United States what he
determines is necessary for defense spending and not a dime more.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from the great State of Alabama (Mr. Carl), who is one of our
outstanding freshmen on the Armed Services Committee.
Mr. CARL. Mr. Speaker, I rise today to oppose this amendment.
There are several different ways to look at this amendment. The
budget that we got from the President was before our problems in
Afghanistan. We asked him for $25 billion to replace $80 to $85 billion
we left on the ground for the Taliban to fight back at us. So I ask
that we keep an open mind on replacing that equipment, if nothing else.
It is critical to pass this bill which includes a bipartisan
increase--I repeat, bipartisan.
How many times do you hear that word, Mr. Speaker?
I have been here for 9 months, and I can probably count that on one
hand.
The bill includes a bipartisan increase in spending to counter
threats and project U.S. strength around the world.
This amendment would limit readiness and the needed capabilities to
counter these threats. Passage of this amendment would basically
shortchange our military at a time when they need our support more than
ever.
I am proud to have worked on this bill with my colleagues on both
sides of the aisle to ensure that our military is fully funded so our
men and women in uniform have the resources they need to protect and
defend the United States of America.
Folks in my district in south Alabama work hard every day to support
the military readiness of this country. Unlike President Biden and his
allies in Congress, Alabamians understand how important it is to fully
fund our military.
Mr. Speaker, I urge my colleagues to support our Armed Forces and
oppose this amendment.
Ms. JACOBS of California. Mr. Speaker, I am prepared to close.
The SPEAKER pro tempore. The gentleman from Alabama has the right to
close. The gentlewoman is recognized.
Ms. JACOBS of California. Mr. Speaker, I hear my colleagues on the
other side talk a lot about the needs from Afghanistan. What is
interesting is that in the continuing resolution that this body passed
just yesterday there was additional supplemental funding for
Afghanistan, and yet my colleagues on the other side of the aisle
decided to vote against it.
I also hear them talk about the threats and the briefings that
supposedly we were not in. I sit on both the Foreign Affairs and Armed
Services Committees, I assure you, Mr. Speaker, I have been to every
single one of those classified briefings on the threats. I am very
aware of the threats. But we need to dispel the notion that our ability
to respond to the threats depends solely on the size of our military.
I am honored to represent San Diego, a proud military community. They
don't need a larger budget. They need one that takes their needs into
account, which means better wages and housing free of mold, childcare
and job opportunities for their spouses, and they need a government
that goes through every diplomatic channel before making the decision
to send them to war.
Earlier this month vice chair of the Joint Chiefs of Staff General
John Hyten asked: Do you think any taxpayer in this country would
believe that for $700 billion a year we can't have a great defense?
Hyten said: We should be able to, and it is crazy that we can't.
He is right. It is crazy, and more of us need to be willing to say
what everyone knows is true: we don't need to spend money even the
Pentagon themselves are not asking for.
Mr. Speaker, I yield back the balance of my time.
{time} 1715
Mr. ROGERS of Alabama. Mr. Speaker, the underlying bill before this
body, the FY22 National Defense Authorization Act, would increase
spending by 3 percent over inflation, which is a modest increase. And
it passed our committee with an overwhelming bipartisan vote.
This amendment guts the bill. I urge all Members to oppose it, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from California (Ms. Jacobs).
The question is on the amendment offered by the gentlewoman from
California (Ms. Jacobs).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. ROGERS of Alabama. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 42 Offered by Mr. Langevin
The SPEAKER pro tempore. It is now in order to consider amendment No.
42 printed in part C of House Report 117-125.
Mr. LANGEVIN. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of title LX the following:
SEC. ___. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL
EXPERTS TO PROMOTE AND PROTECT NATIONAL
SECURITY INNOVATION BASE.
(a) Special Immigrant Status.--In accordance with the
procedures established under subsection (f)(1), and subject
to subsection (c)(1), the Secretary of Homeland Security may
provide an alien described in subsection (b) (and the spouse
and children of the alien if accompanying or following to
join the alien) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence.
(b) Aliens Described.--An alien is described in this
subsection if--
(1) the alien--
(A) is employed by a United States employer and engaged in
work to promote and protect the National Security Innovation
Base;
(B) is engaged in basic or applied research, funded by the
Department of Defense, through a United States institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); or
(C) possesses scientific or technical expertise that will
advance the development of critical technologies identified
in the National Defense Strategy or the National Defense
Science and Technology Strategy, required by section 218 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679 ); and
(2) the Secretary of Defense issues a written statement to
the Secretary of Homeland Security confirming that the
admission of the alien is essential to advancing the
research, development, testing, or evaluation of critical
technologies described in paragraph (1)(C) or otherwise
serves national security interests.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
may not exceed--
(A) 10 in each of fiscal years 2022 through 2030; and
(B) 100 in fiscal year 2031 and each fiscal year
thereafter.
(2) Exclusion from numerical limitation.--Aliens provided
special immigrant status under this section shall not be
counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(d) Defense Competition for Scientists and Technical
Experts.--Not later than 180 days after the date of the
enactment of this
[[Page H4955]]
Act, the Secretary of Defense shall develop and implement a
process to select, on a competitive basis from among
individuals described in subsection (b), individuals for
recommendation to the Secretary of Homeland Security for
special immigrant status described in subsection (a).
(e) Authorities.--In carrying out this section, the
Secretary of Defense shall authorize appropriate personnel of
the Department of Defense to use all personnel and management
authorities available to the Department, including the
personnel and management authorities provided to the science
and technology reinvention laboratories, the Major Range and
Test Facility Base (as defined in 196(i) of title 10, United
States Code), and the Defense Advanced Research Projects
Agency.
(f) Procedures.--Not later than 360 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and Secretary of Defense shall jointly establish policies and
procedures implementing the provisions in this section, which
shall include procedures for--
(1) processing of petitions for classification submitted
under subsection (a)(1) and applications for an immigrant
visa or adjustment of status, as applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall
establish a fee--
(1) to be charged and collected to process an application
filed under this section; and
(2) that is set at a level that will ensure recovery of the
full costs of such processing and any additional costs
associated with the administration of the fees collected.
(h) Implementation Report Required.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Homeland Security and Secretary of Defense shall
jointly submit to the appropriate congressional committees a
report that includes--
(1) a plan for implementing the authorities provided under
this section; and
(2) identification of any additional authorities that may
be required to assist the Secretaries in fully implementing
section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsections (a)
through (g).
(2) Report.--Not later than October 1, 2026, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
the Judiciary of the Senate.
(2) The term ``National Security Innovation Base'' means
the network of persons and organizations, including Federal
agencies, institutions of higher education, Federally funded
research and development centers, defense industrial base
entities, nonprofit organizations, commercial entities, and
venture capital firms that are engaged in the military and
non-military research, development, funding, and production
of innovative technologies that support the national security
of the United States.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Rhode Island (Mr. Langevin) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the United States attracts and develops some of the
brightest minds in the world. They can fortify national security and
boost economic competitiveness. Unfortunately, much of that talent
leaves because there are few options to remain.
My amendment provides a pathway to citizenship for the best foreign
talent to work in the U.S. in support of our National Security
Innovation Base. Great power competition is a race for talent to
maintain our military and technological superiority. We want the
brightest minds in the world working for us, not the Chinese Communist
Party.
The U.S. has less than 5 percent of world's population, so it is no
surprise that many great scientific minds are born outside U.S.
borders. So then how have we maintained our technological superiority
over the last 70 years, by way of example?
Well, our world-class universities and innovative private sector
attract future Nobel laureates in critical technologies like machine
learning and artificial intelligence. However, our constricted pathways
to residency and citizenship drive this talent into the arms of our
adversaries; so we face intense competition from other countries who
offer large research grants and expedited citizenship to lure this
talent away.
But it is not just potential adversaries. Some U.S. companies are
setting up R&D facilities in Canada because their immigration policies
more effectively attract highly-skilled workers.
Under this amendment, the Secretary of Defense will implement a
competitive annual process to select scientists with technical
expertise in critical technologies and recommend them for proper
processing and vetting. It is in our national security interests not
only to have these scientists working on research on our behalf, but
also to prevent this talent from working for our adversaries.
Mr. Speaker, I reserve the balance of my time.
Mr. TIFFANY. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Wisconsin is recognized
for 5 minutes.
Mr. TIFFANY. Mr. Speaker, I yield myself such time as I may consume.
The ramifications of this amendment could be dangerous and far-
reaching. Quite frankly, we should not be looking outside of the United
States for such scientists and researchers. We should cultivate our own
talent. Unfortunately, this bill does nothing to develop that talent.
We must ask, which foreign nationals would be eligible for the
program? Most likely, those from China.
China is so intent on using our U.S. immigration system to steal our
sensitive technologies that the Trump administration had to issue a
proclamation suspending entry of certain Chinese students and
researchers.
The Trump administration proclamation stated: ``The People's Republic
of China is engaged in a wide-ranging and heavily resourced campaign to
acquire sensitive United States technologies . . . to bolster the
modernization and capability of its military.''
The proclamation went on to state that ``students or researchers from
the PRC studying beyond the undergraduate level . . . are at high risk
of being exploited or co-opted by the PRC.''
Because of the brutal nature of the Chinese Communist Party, the same
is true for virtually any Chinese national who comes to the United
States to study or research, or to otherwise work in sensitive
technologies like those contemplated under this amendment.
In fact, the Department of Homeland Security told us last year that
the Chinese government requires its nationals to ``support, assist, and
cooperate with State intelligence work.''
The idea for this amendment came, at least in part, from the
Commission on Artificial Intelligence, which called for ``increasing
China brain drain.'' So clearly, the green cards contemplated under
this amendment would go to Chinese nationals.
The last thing we should do is make it easy for the Chinese Communist
Party to gain access to our National Security Innovation Base work,
Department of Defense research, or other critical technologies.
I would also note that, sadly, the Department of Defense does not
have a great track record regarding immigrant programs. Many of you may
remember that the Department of Defense supported and encouraged the
Military Accessions Vital to the National Interest program through
which foreign nationals were able to enlist in the U.S. military. Once
enlisted, they were eligible to naturalize.
The Department of Defense was not living up to its promise to
adequately vet and perform high-level background checks on the MAVNI
participants. The program was halted by the Obama administration when
it was discovered that the Department had allowed some Chinese spies to
enlist in the military.
Let that sink in. The Department of Defense let Chinese spies enlist
in the U.S. military. So I am not comfortable with several aspects of
the program created by this amendment. I urge my colleagues to oppose
the amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. LANGEVIN. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Rhode Island has 3
minutes remaining. The gentleman from Wisconsin has 2 minutes
remaining.
[[Page H4956]]
Mr. LANGEVIN. Mr. Speaker, I am pleased to yield 1\1/2\ minutes to
the gentlewoman from California (Ms. Lofgren).
Ms. LOFGREN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of this amendment that would
allow a small number of special immigrant visas to the world's top
scientists and technical experts selected by the Secretary of Defense.
I trust the Secretary of Defense looking out after the Nation's
security interests, and it is important that our security depends on
having access to the top scientists in the world who are committed to
the success of our country.
We need to take bold action to make sure that we educate and train
our American people to be the best scientists they can be. But that
doesn't mean that every smart person who loves America was born in
America. In fact, some of the most patriotic people I have ever met
were immigrants who came here and became Americans by choice.
It is absolutely clear that nations that attract and retain highly-
skilled innovators gain a competitive advantage, and we can help do
that for America through this very thoughtful plan. For us, the promise
of the American Dream remains a powerful draw for the world's
innovators.
This amendment would move us in the right direction and help ensure
that America, and not our competitors, benefits from the world's best
minds.
I want to thank Mr. Langevin for this smart amendment, and I urge its
adoption.
Mr. TIFFANY. Mr. Speaker, so once again, we hear that this will be a
small number of people that are coming in. All we have to do is look at
our southern border and other places for hearing about how small
numbers of people are going to come into our country.
We also hear, trust the Secretary of Defense. As I cited in my
opening remarks, we had a real problem with the MAVNI program, where
the Obama administration discovered Chinese spies in our military. This
is a serious, serious situation.
And here is the thing that I find frustrating, Mr. Speaker. We have
so many people that project our freedoms and how we view them on other
countries, including China, that they treat their people the same way.
They simply do not, and it is fully proven that the Chinese Communist
Party demands complete fealty of anyone, whether they are in China, or
they come to our country to go back and give all information to the
Chinese Communist Party. They do not protect intellectual property
rights, which are a foundation of our freedoms here in America. We
should not be sanguine about what this amendment will do.
Mr. Speaker, I reserve the balance of my time.
Mr. LANGEVIN. Mr. Speaker, I have no further speakers so I am
prepared to close. I reserve the balance of my time.
Mr. TIFFANY. Mr. Speaker, I yield back the balance of my time.
Mr. LANGEVIN. Mr. Speaker, let me just say that when the Secretary of
Defense deems it vital to the national security interests of the United
States, this would give that authority to grant this special pathway to
the Secretary to make that determination.
A special immigrant visa, by the way, to streamline the admission of
applicants in the name of national security is not new. My amendment is
modeled after a 1949 law granting the Director of the CIA the authority
to obtain permanent residency for anyone deemed ``in the interest of
national security or essential to the furtherance of national
intelligence missions.''
Today, the Secretary of Defense has no mechanism for retaining top
technical and scientific talent who are vital to national security.
Unsurprisingly, the Department of Defense explicitly endorses the
amendment. So, again, my amendment is not new or groundbreaking to the
immigration conversation. In fact, again, it provides the Secretary of
Defense with the same authority that the Director of the CIA has
enjoyed since 1949.
This authority is not challenged as a less strident or reckless
method that our adversaries exploit because it does not circumvent the
current immigration process. All the Secretary of Defense innovation
referrals are subject to the same rigorous and extensive background
checks that any other applicant receives. I am confident that they will
properly vet these applicants as we will keep the best talent in the
world working on our behalf.
I encourage my colleagues to support this amendment to ensure our
continued military and technological superiority.
Mr. Speaker, I yield back the balance of my time.
Ms. JOHNSON of Texas. Mr. Speaker, I rise in support of the
amendment.
International students and researchers provide enormous benefits for
American competitiveness and prosperity. As of 2018, immigrants founded
50 of the 91 privately held billion-dollar startup tech companies in
the United States. A quarter of those founders came to the U.S. as
international students. These companies created an average of 1,200
jobs each, and have a collective value of $250 billion. International
students and researchers bring fresh perspectives, diverse experiences,
expertise, energy, and creativity to the U.S. research enterprise.
The global competition to attract top science, technology,
engineering, mathematics, and medical talent is intensifying. And
attracting talent is just half the battle. Restrictive immigration
policies and xenophobic rhetoric, restrictions due to the pandemic, and
concerted efforts by other countries to attract talent, have given
talented international STEM students good reason to consider
opportunities outside of the U.S. We must take bold action now to
ensure the U.S. can continue to attract and retain global STEM talent.
This amendment creates a new pathway to permanent residency for a
small number of outstanding students and professionals engaged in
critical fields that are vital to achieving the goals of the National
Defense Strategy and National Defense Science and Technology Strategy.
While modest in scope, the amendment would help advance areas of
innovation that are critical to our national security and economic
competitiveness.
I urge my colleagues to support this amendment.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Rhode Island (Mr. Langevin).
The question is on the amendment offered by the gentleman from Rhode
Island (Mr. Langevin).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. TIFFANY. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 105 Offered by Mr. Bowman
The SPEAKER pro tempore. It is now in order to consider amendment No.
105 printed in part C of House Report 117-125.
Mr. BOWMAN. Mr. Speaker, I rise as the designee of the gentlewoman
from Massachusetts (Ms. Clark).
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
amendment no. 105 offered by mr. bowman of new york
Add at the end of title LX the following:
SEC. 6___. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR
A CABINET MEMBER.
(a) Amendment.--Section 431 of title 18, United States
Code, is amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet Member, or a'' after
``Contracts by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, or any member of the
Cabinet,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, the Vice President, a Cabinet
Member, or a Member of Congress.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from New York (Mr. Bowman) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. BOWMAN. Mr. Speaker, I rise today to offer a commonsense, good-
government amendment that has already passed this House on a bipartisan
basis.
Decades ago, Congress recognized that there is an inherent conflict
of interest when elected officials, who decide how taxpayer dollars are
spent,
[[Page H4957]]
are also allowed to contract with the Federal Government to receive
those dollars. That is why Federal law prohibits every single Member of
this body from contracting with the Federal Government.
At the time, it was thought that there was no need to include the
President, Vice President, or members of the Cabinet in this statutory
prohibition because every recent executive had voluntarily divested of
their financial conflicts of interest. Unfortunately, that trend of
presidential transparency was broken by the last administration. If we
have learned anything from Donald Trump, it is that we can no longer
rely on norms and tradition to ensure our elected officials do the
right thing.
{time} 1730
In 2014, the General Services Administration awarded The Trump
Organization a contract to operate a hotel in the taxpayer-owned Old
Post Office Pavilion. A provision in that contract specifically stated
that no elected official of the Government of the United States shall
be admitted to any share or part of this lease or to any benefit that
may arise therefrom.
Despite this clear and unambiguous prohibition, the GSA shockingly
declared that the President of the United States could continue to
operate this hotel on Federal Government property and personally
benefit from the proceeds of that operation.
As a result, it was easier than ever for foreign governments and
special interests to put money directly into President Trump's pocket.
Just ask Saudi Arabia, which reportedly spent $270,000 at the Trump
Hotel in 2017, or the island nation of Cyprus, which hosted a ``Justice
for Cyprus'' conference there, or the Iraqi sheikh who spent tens of
thousands of dollars staying 26 nights at the hotel.
The solution to this problem is very simple. My amendment simply
inserts ``the President, Vice President, and any Cabinet member'' into
the existing statutory prohibition on Members of Congress contracting
with the Federal Government.
With the addition of these eight words, we can ensure that every
elected official is free from the conflict of interest associated with
both deciding who gets Federal contracts and then benefiting from those
contracts.
The American people deserve to know their President is working for
them, not to line their own pockets.
I urge my colleagues to support this amendment and hold the
President, Vice President, and members of the Cabinet to the same
standard of conduct we hold ourselves.
Mr. Speaker, I reserve the balance of my time.
Mrs. FISCHBACH. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized
for 5 minutes.
Mrs. FISCHBACH. Mr. Speaker, I yield myself such time as I may
consume.
This amendment would prohibit the President, Vice President, and
Cabinet members from contracting with the Federal Government. The
amendment adds broad new language to the criminal code and could
discourage people from entering Federal service. We should want and
encourage the most qualified people to run for office and serve in our
Federal Government.
This amendment is completely outside the scope of the NDAA and
nothing more than a desperate attempt to score political points. This
is the kind of unrelated amendment that does not belong in the NDAA.
We are now 8 months into the Biden administration, yet Democrats
continue to push legislation, as mentioned by the previous speaker,
that is targeted at the Trump administration.
But what else can Democrats talk about? Rising inflation caused by
President Biden's failed economic policies? Rising crime caused by
Democrats defunding the police? The Biden border crisis?
If Democrats were serious about ethics reform, they would carefully
consider this as a standalone bill. Instead, they choose to slap it
onto an unrelated bill with no discussion or thought. This amendment
and provision should go through regular order so Members have the
opportunity to debate and consider ethics reforms.
I urge my colleagues to oppose this amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. BOWMAN. Mr. Speaker, to my colleagues who oppose this amendment,
I ask this simple question: If they think the President should be
allowed to contract with the Federal Government, do they support
repealing the current statute that prohibits every Member of the body
from contracting with the Federal Government?
Of course they don't. That would be outrageous.
My amendment is common sense. It will apply to any President,
regardless of party affiliation. It will help restore integrity to the
Office of the President by closing the door on self-enrichment at the
White House. And it will prevent some of the corruption that defined
the Trump Presidency from ever happening again.
I urge my colleagues to support my amendment and impose the same
standards of conduct we imposed on ourselves to every federally elected
official.
Mr. Speaker, I yield back the balance of my time.
Mrs. FISCHBACH. Mr. Speaker, this is not the bill for this amendment,
and it certainly should go through the process and be given the
consideration and discussion due true ethics reforms instead of
amendments that simply target the former President and his
administration.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from New York (Mr. Bowman).
The question is on the amendment offered by the gentleman from New
York (Mr. Bowman).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 2 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Speaker, pursuant to House Resolution
667, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 142, 143, 144,
145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,
159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172,
173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186,
187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200,
201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243,
244, 245, 246, 247, 248, 249, 250, 251, 252, and 253, printed in part C
of House Report 117-125, offered by Mr. Smith of Washington:
amendment no. 142 offered by mr. garamendi of california
At the end of subtitle B of title V, insert the following:
SEC. 5__. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING
USE OF UNMANNED AIRCRAFT SYSTEMS BY THE
NATIONAL GUARD.
Not later than September 30, 2022, the Secretary of Defense
shall implement recommendations of the Secretary described in
section 519C(a)(2) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
amendment no. 143 offered by mr. garamendi of california
At the end of subtitle B of title III, insert the
following:
SEC. 3__. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE
RELATING TO EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 221 note)
is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) a calculation of the annual costs to the Department
for assistance provided to--
``(A) the Federal Emergency Management Agency or Federal
land management agencies--
[[Page H4958]]
``(i) pursuant to requests for such assistance; and
``(ii) approved under the National Interagency Fire Center;
and
``(B) any State, Territory, or possession under title 10 or
title 32, United States Code, regarding extreme weather.''.
amendment no. 144 offered by mr. garamendi of california
At the end of subtitle G of title X, insert the following:
SEC. 10__. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS
OF THE FEDERAL GOVERNMENT.
Section 1091 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is
amended--
(1) by striking subsection (c);
(2) in subsection (d)--
(A) in paragraph (1), by striking ``up to seven''; and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal
afforded the Secretary of Agriculture or the Secretary of
Homeland Security under paragraph (1) with regards to an
aircraft shall expire upon official notice of such Secretary
to the Secretary of Defense that such Secretary declines such
aircraft.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``, search and rescue,
or emergency operations pertaining to wildfires'' after
``purposes''; and
(B) in paragraph (2), by inserting ``, search and rescue,
emergency operations pertaining to wildfires,'' after
``efforts'';
(4) by striking subsection (f); and
(5) by adding at the end the following new subsection:
``(h) Reporting.--Not later than November 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on aircraft transferred, during the
fiscal year preceding the date of such report to--
``(1) the Secretary of Agriculture or the Secretary of
Homeland Security under this section;
``(2) the chief executive officer of a State under section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81); or
``(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 881).''.
amendment no. 145 offered by mr. garamendi of california
At the end of subtitle E of title X, insert the following:
SEC. 10__. UPDATED REVIEW AND ENHANCEMENT OF EXISTING
AUTHORITIES FOR USING AIR FORCE AND AIR
NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING
SYSTEMS AND OTHER DEPARTMENT OF DEFENSE ASSETS
TO FIGHT WILDFIRES.
Section 1058 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is
amended by adding at the end the following new subsection:
``(g) Updated Review and Enhancement.--(1) Not later than
120 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2022, the Director
shall submit to Congress a report--
``(A) containing the results of a second review conducted
under subsection (a) and a second determination made under
subsection (b); and
``(B) based on such second determination, describing the
new modifications proposed to be made to existing authorities
under subsection (c) or (d), including whether there is a
need for legislative changes to further improve the
procedures for using Department of Defense assets to fight
wildfires.
``(2) The new modifications described in paragraph (1)(B)
shall not take effect until the end of the 30-day period
beginning on the date on which the report is submitted to
Congress under this subsection.''.
amendment no. 146 offered by mr. garamendi of california
SEC. 2__. FUNDING INCREASE FOR COLD WEATHER CAPABILITIES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for applied research,
materials, line 005 (PE 0602102F), is hereby increased by
$7,500,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding
funding table in section 4201, for Integrated Personnel and
Pay System - Army (IPPS-A), line 121, is hereby reduced by
$7,500,000.
amendment no. 147 offered by mr. garbarino of new york
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CISA DIRECTOR APPOINTMENT AND TERM.
Subsection (b) of section 2202 of the Homeland Security Act
of 2002 (6 U.S.C. 652) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Director shall be appointed by the
President, by and with the advice and consent of the
Senate.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Term.--Effective with respect to an individual
appointed pursuant to paragraph (1) after the date of the
enactment of this paragraph, the term of office of such an
individual so appointed shall be five years. The term of
office of the individual serving as the Director on the day
before the date of the enactment of this paragraph shall be
five years beginning from the date on which such Director
began serving.''.
amendment no. 148 offered by mr. garbarino of new york
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ``Agreement between the Government of
the United States of America and the Government of the State
of Israel on Cooperation in Science and Technology for
Homeland Security Matters'', dated May 29, 2008 (or successor
agreement), and the requirements specified in paragraph (2),
shall establish a grant program at the Department to
support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of cybersecurity
technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding any other provision of
law, in carrying out a research, development, demonstration,
or commercial application program or activity that is
authorized under this section, the Secretary shall require
cost sharing in accordance with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in clause (ii), the
Secretary shall require not less than 50 percent of the cost
of a research, development, demonstration, or commercial
application program or activity described in subparagraph (A)
to be provided by a non-Federal source.
(ii) Reduction.--The Secretary may reduce or eliminate, on
a case-by-case basis, the percentage requirement specified in
clause (i) if the Secretary determines that such reduction or
elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research, development,
demonstration, or commercial application program or activity
that is authorized under this section, awards shall be made
only after an impartial review of the scientific and
technical merit of the proposals for such awards has been
carried out by or for the Department.
(D) Review processes.--In carrying out a review under
subparagraph (C), the Secretary may use merit review
processes developed under section 302(14) of the Homeland
Security Act of 2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if the project of such
applicant--
(A) addresses a requirement in the area of cybersecurity
research or cybersecurity technology, as determined by the
Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic institution,
National Laboratory (as such term is defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)), or
nonprofit entity in the United States; and
(II) a for-profit business entity, academic institution, or
nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary
an application for such grant in accordance with procedures
established by the Secretary, in consultation with the
advisory board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish an
advisory board to--
(i) monitor the method by which grants are awarded under
this subsection; and
(ii) provide to the Secretary periodic performance reviews
of actions taken to carry out this subsection.
(B) Composition.--The advisory board established under
subparagraph (A) shall be composed of three members, to be
appointed by the Secretary, of whom--
(i) one shall be a representative of the Federal
Government;
(ii) one shall be selected from a list of nominees provided
by the United States-Israel Binational Science Foundation;
and
(iii) one shall be selected from a list of nominees
provided by the United States-Israel Binational Industrial
Research and Development Foundation.
(6) Contributed funds.--Notwithstanding any other provision
of law, the Secretary may accept or retain funds contributed
by any person, government entity, or organization for
purposes of carrying out this subsection. Such funds shall be
available, subject to appropriation, without fiscal year
limitation.
(7) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under
this subsection, the grant recipient shall submit to the
Secretary a report that contains--
[[Page H4959]]
(A) a description of how the grant funds were used by the
recipient; and
(B) an evaluation of the level of success of each project
funded by the grant.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section not less than
$6,000,000 for each of fiscal years 2022 through 2026.
(c) Definitions.--In this section--
(1) the term ``cybersecurity research'' means research,
including social science research, into ways to identify,
protect against, detect, respond to, and recover from
cybersecurity threats;
(2) the term ``cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to,
and recover from cybersecurity threats;
(3) the term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501; enacted as title I of the
Cybersecurity Act of 2015 (division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113)));
(4) the term ``Department'' means the Department of
Homeland Security; and
(5) the term ``Secretary'' means the Secretary of Homeland
Security.
amendment no. 149 offered by mr. garbarino of new york
At the appropriate place in title VIII, add the following
new section:
SEC. 8__. DUTIES OF SMALL BUSINESS DEVELOPMENT CENTER
COUNSELORS.
Section 21 of the Small Business Act (15 U.S.C. 648) is
amended by adding at the end the following:
``(o) Cyber Strategy Training for Small Business
Development Centers.--
``(1) Definitions.--In this subsection--
``(A) the term `cyber strategy' means resources and tactics
to assist in planning for cybersecurity and defending against
cyber risks and cyber attacks; and
``(B) the term `lead small business development center'
means a small business development center that has received a
grant from the Administration.
``(2) Certification program.--The Administrator shall
establish a cyber counseling certification program, or
approve a similar existing program, to certify the employees
of lead small business development centers to provide cyber
planning assistance to small business concerns.
``(3) Number of certified employees.--The Administrator
shall ensure that the number of employees of each lead small
business development center who are certified in providing
cyber planning assistance under this subsection is not fewer
than the lesser of--
``(A) 5; or
``(B) 10 percent of the total number of employees of the
lead small business development center.
``(4) Consideration of small business development center
cyber strategy.--In carrying out this subsection, the
Administrator, to the extent practicable, shall consider any
cyber strategy methods included in the Small Business
Development Center Cyber Strategy developed under section
1841(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2662).
``(5) Reimbursement for certification.--
``(A) In general.--Subject to the availability of
appropriations and subparagraph (B), the Administrator shall
reimburse a lead small business development center for costs
relating to the certification of an employee of the lead
small business development center under the program
established under paragraph (2).
``(B) Limitation.--The total amount reimbursed by the
Administrator under subparagraph (A) may not exceed $350,000
in any fiscal year.''.
amendment no. 150 offered by Mr. Garbarino of new york
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. CYBER INCIDENT RESPONSE PLAN.
Subsection (c) of section 2210 of the Homeland Security Act
of 2002 (6 U.S.C. 660) is amended--
(1) by striking ``regularly update'' and inserting ``update
not less often then biennially''; and
(2) by adding at the end the following new sentence: ``The
Director, in consultation with relevant Sector Risk
Management Agencies and the National Cyber Director, shall
develop mechanisms to engage with stakeholders to educate
such stakeholders regarding Federal Government cybersecurity
roles and responsibilities for cyber incident response.''.
amendment no. 151 offered by mr. garcia of illinois
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. 13__. PROHIBITION ON SECURITY COOPERATION WITH BRAZIL.
None of the funds authorized to be appropriated or
otherwise made available by this Act may be made available to
provide any United States security assistance or security
cooperation to the defense, security, or police forces of the
Government of Brazil for the purpose of involuntarily
relocating, including through coercion or the use of force,
the indigenous or Quilombola communities of Brazil.
amendment no. 152 offered by mr. garcia of illinois
At the end of title LX of division E, add the following:
SEC. 6013. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON
FOREIGN GOVERNMENTS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States, in consultation with the Secretary of State,
the Secretary of the Treasury, and the head of any other
relevant Federal department or agency that the Comptroller
General determines necessary, shall submit to the appropriate
congressional committees a report on all comprehensive
sanctions imposed on de jure or de facto governments of
foreign countries, and all comprehensive sanctions imposed on
non-state actors that exercise significant de facto
governmental control over a foreign civilian population,
under any provision of law.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an assessment of the effect of sanctions imposed on the
government of each foreign country and each non-state actor
that exercises significant de facto governmental control over
a foreign civilian population described in subsection (a)
on--
(A) the ability of civilian population of the country to
access water, food, sanitation, and public health services,
including all humanitarian aid and supplies related to the
prevention, diagnosis, and treatment of COVID-19;
(B) the changes to the general mortality rate, maternal
mortality rate, life expectancy, and literacy;
(C) the extent to which there is an increase in refugees or
migration to or from the country or an increase in internally
displaced people in the country;
(D) the degree of international compliance and non-
compliance of the country; and
(E) the licensing of transactions to allow access to
essential goods and services to vulnerable populations,
including the number of licenses applied for, approved, or
denied and reasons why such licenses were denied, and average
time to receive a decision; and
(2) a description of the purpose of sanctions imposed on
the government of each foreign country and each non-state
actor that exercises significant de facto governmental
control over a foreign civilian population described in
subsection (a) and the required legal or political authority,
including--
(A) an assessment of United States national security;
(B) an assessment of whether the stated foreign policy
goals of the sanctions are being met;
(C) the degree of international support or opposition to
the sanctions; and
(D) an assessment of such sanctions on United States
businesses, consumers, and financial institutions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be
published on a publicly-available website of the Government
of the United States.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate.
amendment no. 153 offered by mr. garcia of california
After section 565, insert the following and redesignate
subsequent sections accordingly:
SEC. 566. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF
THE UNIFORMED SERVICES AND THEIR SPOUSES.
(a) In General.--Title VII of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting
after section 705 (50 U.S.C. 4025) the following new section:
``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF
SERVICEMEMBERS AND THEIR SPOUSES.
``(a) In General.--In any case in which a servicemember has
a professional license in good standing in a jurisdiction or
the spouse of a servicemember has a professional license in
good standing in a jurisdiction and such servicemember or
spouse relocates his or her residency because of military
orders for military service to a location that is not in such
jurisdiction, the professional license or certification of
such servicemember or spouse shall be considered valid at a
similar scope of practice and in the discipline applied for
in the jurisdiction of such new residency for the duration of
such military orders if such servicemember or spouse--
``(1) provides a copy of such military orders to the
licensing authority in the jurisdiction in which the new
residency is located;
``(2) remains in good standing with the licensing authority
that issued the license; and
``(3) submits to the authority of the licensing authority
in the new jurisdiction for the purposes of standards of
practice, discipline, and fulfillment of any continuing
education requirements.
[[Page H4960]]
``(b) Interstate Licensure Compacts.--If a servicemember or
spouse of a servicemember is licensed and able to operate in
multiple jurisdictions through an interstate licensure
compact, with respect to services provided in the
jurisdiction of the interstate licensure compact by a
licensee covered by such compact, the servicemember or spouse
of a servicemember shall be subject to the requirements of
the compact or the applicable provisions of law of the
applicable State and not this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 705 the following new item:
``Sec. 705A. Portability of professional licenses of servicemembers and
their spouses.''.
amendment no. 154 offered by mr. gibbs of ohio
At the end of title LX of division E, insert the following:
SEC. 60__. COMPTROLLER GENERAL REPORT ON EQUIPMENT IN
AFGHANISTAN.
The Comptroller General of the United States shall submit
to Congress a report accounting for any equipment provided by
the United States Coast Guard or the Army Corps of Engineers
to any regime in Afghanistan and that has been left behind in
Afghanistan.
amendment no. 155 offered by mr. gohmert of texas
At the appropriate place in title V, insert the following
new section:
SEC. 5__. MILITARY JUSTICE CAREER TRACK FOR JUDGE ADVOCATES.
(a) Establishment.--Each Secretary of a military department
shall establish a military justice career track for judge
advocates under the jurisdiction of the Secretary.
(b) Requirements.--In establishing a military justice
career track under subsection (a) the Secretary concerned
shall--
(1) ensure that the career track leads to judge advocates
with military justice expertise in the grade of colonel, or
in the grade of captain in the case of judge advocates of the
Navy, to prosecute and defend complex cases in military
courts-martial;
(2) include the use of skill identifiers to identify judge
advocates for participation in the career track from among
judge advocates having appropriate skill and experience in
military justice matters;
(3) issue guidance for promotion boards considering the
selection for promotion of officers participating in the
career track in order to ensure that judge advocates who are
participating in the career track have the same opportunity
for promotion as all other judge advocate officers being
considered for promotion by such boards
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
amendment no. 156 offered by mr. gomez of california
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. 12__. SENSE OF CONGRESS ON KOREAN AND KOREAN-AMERICAN
VETERANS OF THE WAR IN VIETNAM.
(a) Findings.--Congress finds the following:
(1) Korean and Korean-American veterans of the war in
Vietnam served honorably throughout the conflict, fighting
valiantly both as a part of and alongside the United States
Armed Forces and often making the ultimate sacrifice, with
many later becoming United States citizens.
(2) Military cooperation in the Vietnam War is one of
several examples that demonstrate the robust alliance of the
United States and South Korea, under shared commitment to
democratic principles.
(3) During the Vietnam conflict, more than 3,000,000
members of the United States Armed Forces fought bravely to
preserve and defend these ideals, among them many Korean
Americans who earned citations for their heroism and
honorable service.
(4) South Korea joined the Vietnam conflict to support the
United States Armed Forces and the cause of freedom at the
request of the United States.
(5) From 1964 until the last soldier left Saigon on March
23, 1973, 325,517 members of South Korea's armed forces
served in Vietnam, the largest contribution of troops sent by
an ally of the United States.
(6) South Korean forces fought bravely throughout the
theater and were known for their dedication, tenacity, and
effectiveness on the battlefield.
(7) More than 17,000 Korean soldiers were injured, and over
4,400 Korean soldiers made the ultimate sacrifice in defense
of United States friends and allies.
(8) There are approximately 3,000 naturalized Korean
Americans who served in the Vietnam War currently living in
the United States, many of whom suffer from significant
injuries due to their service in Vietnam, including post-
traumatic stress disorder, total disability, and the effects
of the toxic defoliant Agent Orange.
(9) Korean-American veterans of the Vietnam conflict upheld
the highest ideals of the United States through their
dedicated service and considerable sacrifices, with many
continuing to carry the visible and invisible wounds of war
to this day.
(b) Sense of Congress.--It is the sense of Congress that
Korean and Korean-American veterans who served alongside the
United States Armed Forces in the Vietnam war fought with
honor and valor.
amendment no. 157 offered by mr. gomez of california
At the end of subtitle B of title III, add the following:
SEC. 328. SENSE OF CONGRESS REGARDING ELECTRIC OR ZERO-
EMISSION VEHICLES FOR NON-COMBAT VEHICLE FLEET.
It is the sense of Congress that any new non-tactical
Federal vehicle purchased by the Department of Defense for
use outside of combat should, to the greatest extent
practicable, be an electric or zero-emission vehicle.
amendment no. 158 offered by mr. tony gonzales of texas
At the end of title XI, add the following new section:
SEC. 11__. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS
``Sec. 10301. Definitions.
``Sec. 10302. Establishment.
``Sec. 10303. Organization.
``Sec. 10304. Assignments.
``Sec. 10305. Reservist continuing education.
``Sec. 10306. Congressional reports.
``SEC. 10301. DEFINITIONS.
``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist holding a position to which such reservist has
been appointed under section 10303(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of the General Services Administration.
``(3) Inactive reservist.--The term `inactive reservist'
means a reservist who is not serving in an appointment under
section 10303(c)(2).
``(4) Program.--The term `Program' means the program
established under section 10302(a).
``(5) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.
``SEC. 10302. ESTABLISHMENT.
``(a) Establishment.--There is established in the General
Services Administration a program to establish, manage, and
assign a reserve of individuals with relevant skills and
credentials, to be known as the `National Digital Reserve
Corps', to help address the digital and cybersecurity needs
of Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the date
of the enactment of this section, the Administrator shall
issue guidance for the National Digital Reserve Corps, which
shall include procedures for coordinating with Executive
agencies to--
``(A) identify digital and cybersecurity needs which may be
addressed by the National Digital Reserve Corps; and
``(B) assign active reservists to address such needs.
``(2) Recruitment and initial assignments.--Not later than
one year after the date of the enactment of this section, the
Administrator shall begin recruiting reservists and assigning
active reservists under the Program.
``SEC. 10303. ORGANIZATION.
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a reservist,
including educational attainment, professional
qualifications, and background checks;
``(B) ensure the standards established under subparagraph
(A) are met;
``(C) recruit individuals to the National Digital Reserve
Corps;
``(D) activate and deactivate reservists as necessary;
``(E) coordinate with Executive agencies to--
``(i) determine the digital and cybersecurity needs which
reservists shall be assigned to address;
``(ii) ensure reservists have access, resources, and
equipment required to address digital and cybersecurity needs
which such reservists are assigned to address; and
``(iii) analyze potential assignments for reservists to
determine outcomes, develop anticipated assignment timelines,
and identify Executive agency partners;
``(F) ensure reservists acquire and maintain appropriate
suitability and security eligibility and access; and
``(G) determine what additional resources, if any, are
required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a reservist
only if such individual enters into a written agreement with
the Administrator to become a reservist.
``(B) Contents.--The agreement under subparagraph (A)
shall--
``(i) require the individual seeking to become a reservist
to serve as a reservist for a three-year period, during which
such individual shall serve not less than 30 days per year as
an active reservist; and
``(ii) set forth all other the rights and obligations of
the individual and the General Services Administration.
[[Page H4961]]
``(2) Employee status and compensation.--
``(A) Employee status.--An inactive reservist shall not be
considered to be a Federal employee for any purpose solely on
the basis of being a reservist.
``(B) Compensation.--The Administrator shall determine the
appropriate compensation for service as an active reservist,
except that the maximum rate of pay may not exceed the
maximum rate of basic pay payable for GS-15 (including any
applicable locality-based comparability payment under section
5304 or similar provision of law).
``(3) Userra employment and reemployment rights.--
``(A) In general.--The protections, rights, benefits, and
obligations provided under chapter 43 of title 38 shall apply
to active reservists of the National Reserve Digital Corps
appointed pursuant to paragraph (2) of subsection (c) of
section 10303 of this chapter to perform service to the
General Services Administration under section 10304 of this
chapter, or to train for such service under section 10305 of
this chapter.
``(B) Notice of absence from position of employment.--
Preclusion of giving notice of service by necessity of
service under paragraph (2) of subsection (c) of section
10303 of this chapter to perform service to the General
Services Administration under section 10304 of this chapter,
or to train for such service under section 10305 of this
chapter, shall be deemed preclusion by ``military necessity''
for purposes of section 4312(b) of title 38 pertaining to
giving notice of absence from a position of employment. A
determination of such necessity shall be made by the
Administrator and shall not be subject to review in any
judicial or administrative proceeding.
``(4) Penalties.--
``(A) In general.--A reservist that fails to accept an
appointment under subsection (c)(2) or fails to carry out the
duties assigned to reservist under such an appointment shall,
after notice and an opportunity to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to the amounts, if any,
paid under section 10305 with respect to training expenses
for such reservist.
``(B) Exception.--With respect to a failure of a reservist
to accept an appointment under subsection (c)(2) or to carry
out the duties assigned to the reservist under such an
appointment--
``(i) subparagraph (A) shall not apply if the failure was
due to the continuation, recurrence, or onset of a serious
health condition or any other circumstance beyond the control
of the reservist; and
``(ii) the Administrator may waive the application of
subparagraph (A), in whole or in part, if the Administrator
determines that applying subparagraph (A) with respect to the
failure would be against equity and good conscience and not
in the best interest of the United States.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may appoint
qualified candidates to positions in the competitive service
in the General Service Administration for which the primary
duties are related to the management or administration of the
National Digital Reserve Corps, as determined by the
Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint, without
regard to the provisions of subchapter I of chapter 33 (other
than sections 3303 and 3328), qualified reservists to
temporary positions in the competitive service for the
purpose of assigning such reservists under section 10304 and
to otherwise carry out the National Digital Reserve Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator may not appoint an
individual under this paragraph if, during the 365-day period
ending on the date of such appointment, such individual has
been an officer or employee of the executive or legislative
branch of the United States Government or of any independent
agency of the United States 130 or more days.
``(ii) Automatic appointment termination.--The appointment
of an individual under this paragraph shall terminate upon
such individual being employed as an officer or employee of
the executive or legislative branch of the United States
Government or of any independent agency of the United States
for 130 days during the previous 365 days.
``(C) Employee status.--An individual appointed under this
paragraph shall be considered a special Government employee
(as such term is defined in section 202(a) of title 18).
``(D) Additional employees.--Individuals appointed under
this paragraph shall be in addition to any employees of the
General Services Administration whose duties relate to the
digital or cybersecurity needs of the General Services
Administration.
``SEC. 10304. ASSIGNMENTS.
``(a) In General.--The Administrator may assign active
reservists to address the digital and cybersecurity needs of
Executive agencies, including cybersecurity services, digital
education and training, data triage, acquisition assistance,
guidance on digital projects, development of technical
solutions, and bridging public needs and private sector
capabilities.
``(b) Assignment-specific Access, Resources, Supplies, or
Equipment.--The head of an Executive agency shall, to the
extent practicable, provide each active reservist assigned to
address a digital or cybersecurity need of such Executive
agency under subsection (a) with any specialized access,
resources, supplies, or equipment required to address such
digital or cybersecurity need.
``(c) Duration.--An assignment of an individual under
subsection (a) shall terminate on the earlier of--
``(1) the date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the Executive
agency, the digital or cybersecurity needs of which such
individual is assigned to address under subsection (a), that
such assignment should terminate; or
``(3) the date on which the assigned individual ceases to
be an active reservist.
``(d) Compliance.--The Administrator shall ensure that
assignments under subsection (a) are consistent with all
applicable Federal ethics rules and Federal appropriations
laws.
``SEC. 10305. RESERVIST CONTINUING EDUCATION.
``(a) In General.--Subject to the availability of
appropriations, the Administrator may pay for reservists to
acquire training and receive continuing education, including
attending conferences and seminars and obtaining
certifications, that will enable reservists to more
effectively meet the digital and cybersecurity needs of
Executive agencies.
``(b) Application.--The Administrator shall establish a
process for reservists to apply for the payment of reasonable
expenses related to the training or continuing education
described in subsection (a).
``(c) Report.--Not later than one year after the date of
the enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report on the
expenditures under this subsection.
``SEC. 10306. CONGRESSIONAL REPORTS.
``Not later than two years after the date of the enactment
of this section, and annually thereafter, the Administrator
shall submit to Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of Executive agencies that have submitted
requests for support from the National Digital Reserve Corps;
``(3) the nature and status of such requests; and
``(4) with respect to each such request to which active
reservists have been assigned and for which work by the
National Digital Reserve Corps has concluded, an evaluation
of such work and the results of such work by--
``(A) the Executive agency that submitted the request; and
``(B) the reservists assigned to such request.''.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by inserting after
the item related to chapter 102 the following new item:
``103. National Digital Reserve Corps......................10303''.....
(c) Conforming Amendments.--
(1) Service definitions.--Section 4303 of title 38, United
States Code, is amended--
(A) in paragraph (13), by inserting ``, a period for which
a person is absent from a position of employment to perform
service to the General Services Administration as an active
reservist of the National Reserve Digital Corps under section
10304 of Title 5, or inactive reservist training for such
service under section 10305 of Title 5,'' before ``, and a
period''; and
(B) in the second paragraph (16), by inserting ``, active
reservists of the National Reserve Digital Corps who are
appointed into General Services Administration service under
section 10303(c)(2) of Title 5, or inactive reservist
training for such service under section 10305 of Title 5,''
before ``, and any other category''.
(2) Reemployment service notice requirement.--Section
4312(b) of title 38, United States Code, is amended by
striking ``A determination of military necessity'' and all
that follows and inserting the following: ``A determination
of military necessity for the purposes of this subsection--
``(1) shall be made--
``(A) except as provided under subparagraph (B), (C), or
(D), pursuant to regulations prescribed by the Secretary of
Defense;
``(B) for persons performing service to the Federal
Emergency Management Agency under section 327 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165f) and as intermittent personnel under section
306(b)(1) of such Act, by the Administrator of the Federal
Emergency Management Agency as described in sections
327(j)(2) and 306(d)(2), respectively, of such Act;
``(C) for intermittent disaster-response appointees of the
National Disaster Medical System, by the Secretary of Health
and Human Services as described in section 2812(d)(3)(B) of
the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B));
and
``(D) for active reservists of the National Reserve Digital
Corps performing service to the General Services
Administration under section 10304 of title 5, or inactive
reservist training for such service under section 10305 of
Title 5, by the Administrator of the General Services
Administration as described in section 10303(b)(3)(B) of
title 5; and
``(2) shall not be subject to judicial review.''.
(d) Authorization of Appropriations.--There is authorized
to be appropriated
[[Page H4962]]
$30,000,000, to remain available until fiscal year 2023, to
carry out the program established under section 10302(a) of
title 5, United States Code, as added by this section.
amendment no. 159 offered by mr. gonzalez of ohio
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. REPORT ON GLOBAL NUCLEAR LEADERSHIP OF THE UNITED
STATES.
(a) Requirement.--Not later than one year after the date of
the enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of State, the Secretary of
Defense, the Chairman of the Nuclear Regulatory Commission,
the Director of National Intelligence, and the Secretary of
Commerce, shall submit to the appropriate congressional
committees a report analyzing--
(1) the opportunities for advancing the interests of the
United States with respect to global nuclear safety, nuclear
security, and nuclear nonproliferation; and
(2) the risks to such interests of the United States, and
the risks to wider foreign policy influence by the United
States, posed by the dominance of Russia in the global
nuclear energy market and the increasing supply by China to
such market.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) An assessment of the historical role of civil nuclear
cooperation agreements and supply arrangements made pursuant
to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in
influencing the policies and practices of foreign governments
concerning nuclear safety, nuclear security, and nuclear
nonproliferation, and the wider foreign policy interests,
including--
(A) a description of possible opportunities for using
nuclear cooperation agreements and related exports to improve
nuclear safety, nuclear security, and nuclear
nonproliferation, and the foreign policy interests of the
United States;
(B) a description of potential risks associated with such
agreements and nuclear exports; and
(C) a description of the potential market for small and
advanced reactor technologies.
(2) An assessment of the competitiveness of the United
States against Russia and China in the global nuclear energy
market, including--
(A) a comparison of nuclear reactor research and design by
Russia and China with analogous research and design by the
United States;
(B) a comparison of the ability of Russia and China to
produce and export nuclear technology with analogous
abilities of the United States;
(C) a description of the factors enabling progress made by
Russia and China regarding civil nuclear technology;
(D) a comparison of the export policies of the United
States with regard to civil nuclear technology, including the
role, if any, of financial support, with such policies of
Russia and China;
(E) a list of specific reactor designs, including fuel
characteristics, that Russia and China have offered for
export; and
(F) details of any agreements made by Russia or China for
exporting nuclear technology, including the duration,
purchase price, potential profitability, any provisions
regarding spent fuel take back, related regulatory support,
and any other elements that compromise a competitive offer.
(3) An assessment, if applicable, of the means by which
Russia or China uses foreign-origin dual-use nuclear
technology for military purposes.
(4) Recommendations for regulatory or legislative actions
for developing a robust free-enterprise response designed to
improve the competitiveness of the United States in the
global nuclear energy market.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(3) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
amendment no. 160 offered by mr. gonzalez of ohio
At the end of title LX of division E, add the following:
SEC. 6013. CHINA ECONOMIC DATA COORDINATION CENTER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the Secretary of the Treasury, shall
establish within the Bureau of Economic Analysis of the
Department of Commerce a China Economic Data Coordination
Center (in this section referred to as the ``Center'').
(b) Duties.--The Center, in coordination with the heads of
other relevant Federal agencies and the private sector, shall
collect and synthesize official and unofficial Chinese
economic data on developments in China's financial markets
and United States exposure to risks and vulnerabilities in
China's financial system, including--
(1) data on baseline economic statistics such as gross
domestic product (GDP) and other indicators of economic
health;
(2) data on national and local government debt;
(3) data on nonperforming loan amounts;
(4) data on the composition of shadow banking assets;
(5) data on the composition of China's foreign exchange
reserves;
(6) data on bank loan interest rates;
(7) data on United States retirement accounts tied to
Chinese investments;
(8) data on China's exposure to foreign borrowers and flows
of official financing for China's Belt and Road Initiatve and
other trade-related initiatives, including data from the
Export-Import Bank of China, the China Export and Credit
Insurance Corporation (Sinosure), and the China Development
Bank;
(9) data on sovereign or near-sovereign loans made by China
to other countries or guaranteed by sovereign entities; and
(10) data on Chinese domestic retirement accounts and
investments.
(c) Briefings.--The Center shall provide to the appropriate
congressional committees and the private sector on a biannual
basis briefings on implementation of the duties of the
Center.
(d) Reports and Public Updates.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Bureau of Economic Analysis
of the Department of Commerce shall submit to the appropriate
congressional committees a report that--
(A) describes the current capabilities of the Center; and
(B) describes the estimated resources, staffing, and
funding needed for the Center to operate, including the
estimated resources, staffing, and funding needed for the
Center to operate at increased capacity.
(2) Ongoing reports.--
(A) In general.--Not later than 90 days after the date of
the establishment of the Center under subsection (a), and on
a quarterly basis thereafter, the Center shall submit to the
appropriate congressional committees a report in writing on
implementation of the duties of the Center.
(B) Matters to be included.--The report required by this
subsection shall include--
(i) key findings, data, the research and development
activities of the affiliates of United States multinational
enterprises operating in China, and a description of the
implications of such activities for United States production,
employment, and the economy; and
(ii) a description of United States industry interactions
with Chinese state-owned enterprises and other state-
affiliated entities and inbound Chinese investments.
(3) Public updates.--The Center shall provide to the public
on a monthly basis updates on implementation of the duties of
the Center.
(e) Recommendations and Strategies.--The Secretary of the
Treasury, using data collected and synthesized by the Center
under subsection (b) and in consultation with the Center,
shall--
(1) develop recommendations and strategies for ways in
which the United States can respond to potential risks and
exposures within China's financial system; and
(2) not later than 90 days after the date of the
establishment of the Center under subsection (a), submit to
the appropriate congressional committees a report that
contains such recommendations and strategies.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Energy and Commerce
of the House of Representatives; and
(2) Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate.
amendment no. 161 offered by mr. gonzalez of ohio
At the end of subtitle F of title V, insert the following
new section:
SEC. 5__. PILOT PROGRAM ON ACTIVITIES UNDER THE TRANSITION
ASSISTANCE PROGRAM FOR A REDUCTION IN SUICIDE
AMONG VETERANS.
(a) Pilot Program Required.--The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly carry out a
pilot program to assess the feasibility and advisability of
providing the module described in subsection (b) and the
services described in subsection (c) as part of the
Transition Assistance Program for members of the Armed Forces
participating in the Transition Assistance Program as a means
of reducing the incidence of suicide among veterans.
(b) Module.--The module described in this subsection is a
three-hour module under the Transition Assistance Program for
each member of the Armed Forces participating in the pilot
program that includes the following:
(1) An in-person meeting between the cohort of the member
and a social worker or mental health provider in which the
social worker or mental health provider--
(A) counsels the cohort on specific potential risks
confronting members after discharge or release from the Armed
Forces, including loss of community or a support system,
isolation from family, friends, or society, identity crisis
in the transition from military to civilian life,
vulnerability viewed as a weakness, need for empathy, self-
medication and addiction, importance of sleep and exercise,
homelessness, and reasons why veterans attempt and complete
suicide;
[[Page H4963]]
(B) in coordination with the Department of Defense
InTransition program, counsels members of the cohort who have
been diagnosed with physical, psychological, or neurological
issues, such as post-traumatic stress disorder, traumatic
brain injury, adverse childhood experiences, depression, and
bipolar disorder, on--
(i) the potential risks for such members from such issues
after discharge or release; and
(ii) the resources and treatment options afforded to
members for such issues through the Department of Veterans
Affairs, the Department of Defense, and non-profit
organizations;
(C) counsels the cohort about the resources afforded to
victims of military sexual trauma through the Department of
Veterans Affairs; and
(D) counsels the cohort about the manner in which members
might experience grief during the transition from military to
civilian life, and the resources afforded to them for
grieving through the Department of Veterans Affairs.
(2) In coordination with the Department of Veterans
Affairs' Solid Start program, the provision to each cohort
member of contact information for a counseling or other
appropriate facility of the Department of Veterans Affairs in
the locality in which such member intends to reside after
discharge or release.
(3) The submittal by cohort members to the Department of
Veterans Affairs (including both the Veterans Health
Administration and the Veterans Benefits Administration) of
their medical records in connection with service in the Armed
Forces, whether or not such members intend to file a claim
with the Department for benefits with respect to any service-
connected disability.
(c) Services.--The services described in this subsection in
connection with the Transition Assistance Program for each
member of the Armed Forces participating in the pilot program
are the following:
(1) Not later than 90 days after the discharge or release
of the member from the Armed Forces, a contact of the member
by a social worker or behavioral health coordinator from the
Department of Veterans Affairs to schedule a follow-up
appointment with a social worker or behavioral health
provider at the facility applicable to the member under
subsection (b)(2) to occur not later than 90 days after such
contact.
(2) During the appointment scheduled pursuant to paragraph
(1)--
(A) an assessment of the member to determine the
experiences of the member with events during service in the
Armed Forces that could lead, whether individually or
cumulatively, to physical, psychological, or neurological
issues, including issues described in subsection (b)(1)(B);
and
(B) the development of a medical treatment plan for the
member, including treatment for issues identified pursuant to
the assessment under subparagraph (A).
(d) Locations.--
(1) In general.--The pilot program shall be carried out at
not fewer than 10 Transition Assistance Centers of the
Department of Defense that serve not fewer than 300 members
of the Armed Forces annually that are jointly selected by the
Secretary of Defense and the Secretary of Veterans Affairs
for purposes of the pilot program.
(2) Members served.--The centers selected under paragraph
(1) shall, to the extent practicable, be centers that,
whether individually or in aggregate, serve all the Armed
Forces and both the regular and reserve components of the
Armed Forces.
(e) Selection and Commencement.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly select
the locations of the pilot program under subsection (d)(1)
and commence carrying out activities under the pilot program
by not later than 120 days after the date of the enactment of
this Act.
(f) Duration.--
(1) In general.--The duration of the pilot program shall be
five years.
(2) Continuation.--If the Secretary of Defense and the
Secretary of Veterans Affairs recommend in the report under
subsection (g) that the pilot program be extended beyond the
date otherwise provided by paragraph (1), the Secretaries may
jointly continue the pilot program for such period beyond
such date as the Secretaries jointly consider appropriate.
(g) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and every 180 days thereafter
during the duration of the pilot program, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
submit to Congress a report on the activities under the pilot
program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A description of the members of the Armed Forces who
participated in the pilot program during the 180-day period
ending on the date of such report, broken out by the
following:
(i) Sex.
(ii) Branch of the Armed Forces in which served.
(iii) Diagnosis of, or other symptoms consistent with,
military sexual trauma, post-traumatic stress disorder,
traumatic brain injury, depression, or bipolar disorder in
connection with service in the Armed Forces.
(B) A description of the activities under the pilot program
during such period.
(C) An assessment of the benefits of the activities under
the pilot program during such period to veterans and family
members of veterans.
(D) An assessment whether the activities under the pilot
program as of the date of such report have reduced the
incidence of suicide among members who participated in the
pilot program within one year of discharge or release from
the Armed Forces.
(E) Such recommendations as the Secretary of Defense and
the Secretary of Veterans Affairs jointly consider
appropriate regarding expansion of the pilot program,
extension of the pilot program, or both.
(h) Transition Assistance Program Defined.--In this
section, the term ``Transition Assistance Program'' means the
program of assistance and other transitional services carried
out pursuant to section 1144 of title 10, United States Code.
amendment no. 162 offered by miss gonzalez-colon of puerto rico
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. INDEPENDENT EPIDEMIOLOGICAL ANALYSIS OF HEALTH
EFFECTS FROM EXPOSURE TO DEPARTMENT OF DEFENSE
ACTIVITIES IN VIEQUES.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine for the National
Academies of Sciences, Engineering, and Medicine to perform
the services covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Studies.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under this section, the National Academies of
Sciences, Engineering, and Medicine shall carry out
epidemiological studies of the short-term, long-term,
primary, and secondary health effects caused or sufficiently
correlated to exposure to chemicals and radioactive materials
from activities of the Department of Defense in the
communities of concern, including any recommendations. In
carrying out such studies, the National Academies may
incorporate the research generated pursuant to funding
opportunity number EPA-G2019-ORD-A1.
(2) Elements.--The epidemiological studies carried out
under paragraph (1) and the recommendations developed under
such paragraph shall include the following:
(A) A list of known contaminants and their locations that
have been left by the Department of Defense in the
communities of concern.
(B) For each contaminant under subparagraph (A), an
epidemiological study that--
(i) estimates the disease burden of current and past
residents of Vieques, Puerto Rico, from such contaminants;
(ii) incorporates historical estimates of residents'
groundwater exposure to contaminants of concern that--
(I) predate the completion of the water-supply pipeline in
1978;
(II) include exposure to groundwater from Atlantic Weapons
Fleet Weapons Training Area ``Area of Concern E'' and any
other exposures that the National Academies determine
necessary;
(III) consider differences between the aquifers of Vieques;
and
(IV) consider the differences between public and private
wells, and possible exposures from commercial or agricultural
uses; and
(iii) includes estimates of current residents' exposure to
chemicals and radiation which may affect the groundwater,
food, air, or soil, that--
(I) include current residents' groundwater exposure in the
event of the water-supply pipeline being temporarily lost;
and
(II) is based on the actual practices of residents in
Vieques during times of duress, for example the use of wells
for fresh water following Hurricane Maria.
(C) An identification of Military Munitions Response
Program sites that have not fully investigated whether
contaminants identified at other sites are present or the
degree of contamination present.
(D) The production of separate, peer-reviewed quality
research into adverse health outcomes, including cancer, from
exposure to drinking water contaminated with methyl tert-
butyl ether (MTBE).
(E) Any other factors the National Academies determine
necessary.
(c) Report.--
(1) In general.--Not later than two years after the date of
the execution of an agreement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine
shall--
(A) submit to the appropriate congressional committees a
report on the findings of the National Academies under
subsection (b); and
(B) make available to the public on a publicly accessible
website a version of the report that is suitable for public
viewing.
(2) Form.--The report submitted under paragraph (1)(A)
shall be submitted in unclassified form.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
[[Page H4964]]
(B) the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) The term ``communities of concern'' means Naval Station
Roosevelt Roads and the former Atlantic Fleet Weapons
Training Area.
amendment no. 163 offered by miss gonzalez-colon of puerto rico
At the end of subtitle D of title X, insert the following:
SEC. 10__ LIMITATION ON RETIREMENT OF LCM-8 LANDING CRAFT
PLATFORM.
(a) Finding.--Congress finds that the LCM-8 served a vital
function in disaster response operations following Hurricane
Maria.
(b) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2022 may be used to
retire the LCM-8 platform from service in Puerto Rico.
amendment no. 164 offered by miss gonzalez-colon of puerto rico
At the end of subtitle G of title X, insert the following:
SEC. 10__. AVAILABILITY OF MODULAR SMALL ARMS RANGE FOR ARMY
RESERVE IN PUERTO RICO.
The Secretary of Army shall ensure that a modular small
arms range is made available for the Army Reserve in Puerto
Rico.
amendment no. 165 offered by mr. gosar of arizona
Add at the end of subtitle E of title VIII the following
new section:
SEC. 8___. COMPTROLLER GENERAL REPORT ON MERGERS AND
ACQUISITIONS IN THE DEFENSE INDUSTRIAL BASE.
Not later than March 1, 2022, the Comptroller General of
the United States shall submit to Congress a report on the
impact of mergers and acquisitions of defense industrial base
contractors on the procurement processes of the Department of
Defense.
amendment no. 166 offered by mr. gottheimer of new jersey
At the end of subtitle E of title X, insert the following:
SEC. 10__. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN
TERRORIST ORGANIZATIONS.
(a) Annual Report.--The Director of National Intelligence,
in coordination with the Secretary of State and the Secretary
of Defense, shall submit to the appropriate congressional
committees an annual report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the
Department of State for recruitment, fundraising, and the
dissemination of information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists.
(b) Appropriate Congressional Committees.--In this section,
the appropriate congressional committees are--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate.
amendment no. 167 offered by mr. gottheimer of new jersey
At the end of subtitle J of title V, insert the following:
SEC. 596. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS
AND EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and
Readiness shall submit annually to the Committees on Armed
Services of the Senate and House of Representatives a report
containing an analysis of the costs of living, nationwide,
for
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
amendment no. 168 offered by mr. gottheimer of new jersey
Page 127, line 21, after ``SUBSTANCES'' insert ``OR LEAD''.
Page 127, line 22, after ``PFAS'' insert``and Lead''.
Page 128, line 3, after `` `PFAS)' '' insert ``or for
lead''.
Page 128, line 18, after ``substances'' insert ``or lead''.
Page 128, line 20, strike ``PFAS''.
Page 129, line 1, after ``substances'' insert ``or lead''.
Page 129, line 22, after ``substances'' insert ``or lead''.
Page 130, line 11, after ``substances'' insert ``or lead''.
amendment no. 169 offered by mr. gottheimer of new jersey
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE EXCESS PERSONAL
PROPERTY PROGRAM.
Not later than one year after the date of the enactment of
this Act, the Director of the Defense Logistics Agency shall
submit to the congressional defense committees a report on
the results of a study conducted by the Director on the
excess personal property program under section 2576a of title
10, United States Code, and the administration of such
program by the Law Enforcement Support Office. Such study
shall include--
(1) an analysis of the degree to which personal property
transferred under such program has been distributed equitably
between larger, well-resourced municipalities and units of
government and smaller, less well-resourced municipalities
and units of government; and
(2) an identification of potential reforms to such program
to ensure that such property is transferred in a manner that
provides adequate opportunity for participation by smaller,
less well-resourced municipalities and units of government.
amendment no. 170 offered by mr. gottheimer of new jersey
In title LI, add at the end the following:
SEC. 5106. STUDY ON THE FINANCING OF DOMESTIC VIOLENT
EXTREMISTS AND TERRORISTS.
(a) GAO Study on the Financing of Domestic Violent
Extremists and Terrorists.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the financing of domestic violent
extremists and terrorists, including foreign terrorist-
inspired domestic extremists, which should consider--
(A) what is known about the primary mechanisms that
domestic violent extremists and terrorists use to finance
their activities, including the extent to which they rely on
online social media, livestreaming sites, crowdfunding
platforms, digital assets (including virtual currencies),
charities, and foreign sources to finance their activities;
(B) what is known about any funding that domestic violent
extremists and terrorists provide to foreign entities for the
purposes of coordination, support, or otherwise furthering
their activities;
(C) any data that selected U.S. agencies collect related to
the financing of domestic violent extremists and terrorists,
and how such data is used;
(D) the extent to which U.S. agencies coordinate and share
information among themselves, with foreign partner agencies,
and with the private sector to identify and exploit the
sources of funding for domestic violent extremists and
terrorists;
(E) efforts of financial institutions to identify and
report on suspicious financial activity related to the
financing of domestic violent extremists and terrorists;
(F) any actions U.S. financial regulators have taken to
address the risks to financial institutions of the financing
of domestic violent extremists and terrorists; and
(G) with respect to the considerations described under
subparagraphs (A) through (F), any civil rights and civil
liberties protections currently included in law and
challenges associated with any potential changes to the legal
framework to address them.
(2) Report to congress.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General of the
United States shall report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives the
results of the study required under paragraph (1).
amendment no. 171 offered by mr. graves of louisiana
After section 504, insert the following and redesignate
subsequent sections accordingly:
SEC. 505. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS; REPORT
ON METHODS TO ENHANCE DOMESTIC RESPONSE TO
LARGE SCALE, COMPLEX AND CATASTROPHIC
DISASTERS.
(a) In General.--Section 502(f) of title 32, United States
Code, is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Operations or missions authorized by the President or
the Secretary of Defense to support large scale, complex,
catastrophic disasters, as defined by section 311(3) of title
6, United States Code, at the request of a State governor.'';
and
(2) by adding at the end the following:
``(4) With respect to operations or missions described
under paragraph (2)(C), there is authorized to be
appropriated to the Secretary of Defense such sums as may be
necessary to carry out such operations and missions, but only
if--
``(A) an emergency has been declared by the governor of the
applicable State; and
``(B) the President has declared the emergency to be a
major disaster for the purposes of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.''.
(b) Report on Methods to Enhance Domestic Response to Large
Scale, Complex and Catastrophic Disasters.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council
of Governors, and the National Governors Association, shall
submit to the congressional defense, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on their plan to establish policy and
processes to implement the authority provided by the
amendments
[[Page H4965]]
made by section 520. The report shall include a detailed
examination of the policy framework consistent with existing
authorities, identify major statutory or policy impediments
to implementation, and make recommendations for legislation
as appropriate.
(2) Contents.--The report submitted under paragraph (1)
shall include a description of--
(A) the current policy and processes whereby governors can
request activation of the National Guard under title 32,
United States Code, as part of the response to large scale,
complex, catastrophic disasters that are supported by the
Federal Government and, if no formal process exists in
policy, the Secretary of Defense shall provide a timeline and
plan to establish such a policy, including consultation with
the Council of Governors and the National Governors
Association;
(B) the Secretary of Defense's assessment, informed by
consultation with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and
the National Governors Association, regarding the sufficiency
of current authorities for the reimbursement of National
Guard and Reserve manpower during large scale, complex,
catastrophic disasters under title 10 and title 32, United
States Code, and specifically whether reimbursement
authorities are sufficient to ensure that military training
and readiness are not degraded to fund disaster response, or
invoking them degrades the effectiveness of the Disaster
Relief Fund;
(C) the Department of Defense's plan to ensure there is
parallel and consistent policy in the application of the
authorities granted under section 12304a of title 10, United
States Code, and section 502(f) of title 32, United States
Code, including--
(i) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(ii) recommended solutions to achieve parity at the Federal
level; and
(iii) recommended changes at the State level, if
appropriate;
(D) the Department of Defense's plan to ensure there is
parity of benefits and protections for military members
employed as part of the response to large scale, complex,
catastrophic disasters under title 32 or title 10, United
States Code, and recommendations for addressing shortfalls;
and
(E) a review, by the Federal Emergency Management Agency,
of the current policy for, and an assessment of the
sufficiency of, reimbursement authority for the use of all
National Guard and Reserve, both to the Department of Defense
and to the States, during large scale, complex, catastrophic
disasters, including any policy and legal limitations, and
cost assessment impact on Federal funding.
amendment no. 172 offered by mr. graves of missouri
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. FUNDING FOR SOLDIER LETHALITY TECHNOLOGY.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test
and evaluation, Army, as specified in the corresponding
funding table in section 4201, for advanced technology
development, soldier lethality advanced technology
(PE0603118A), line 037, is hereby increased by $8,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Space Force, as specified in the corresponding funding table
in section 4301, for contractor logistics and system support,
line 080, is hereby reduced by $8,000,000.
amendment no. 173 offered by mr. graves of missouri
At the end of title LX of division E, insert the following:
SEC. 60__. FLIGHT INSTRUCTION OR TESTING.
(a) In General.--An authorized flight instructor providing
student instruction, flight instruction, or flight training
shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(b) Authorized Additional Pilots.--An individual acting as
an authorized additional pilot during Phase I flight testing
of aircraft holding an experimental airworthiness
certificate, in accordance with section 21.191 of title 14,
Code of Federal Regulations, and meeting the requirements set
forth in Federal Aviation Administration regulations and
policy in effect as of the date of enactment of this section,
shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(c) Use of Aircraft.--An individual who uses, causes to
use, or authorizes to use aircraft for flights conducted
under subsection (a) or (b) shall not be deemed to be
operating an aircraft carrying persons or property for
compensation or hire.
(d) Revision of Rules.--The requirements of this section
shall become effective upon the date of enactment. The
Administrator of the Federal Aviation Administration shall
issue, revise, or repeal the rules, regulations, guidance, or
procedures of the Federal Aviation Administration to conform
to the requirements of this section.
amendment no. 174 offered by mr. green of texas
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. MILITARY SERVICE QUESTION.
(a) In General.--Subpart A of part 2 of subtitle A of title
VIII of the Housing and Community Development Act of 1992 (12
U.S.C. 4541 et seq.) is amended by adding at the end the
following:
``SEC. 1329. UNIFORM RESIDENTIAL LOAN APPLICATION.
``The Director shall, not later than 6 months after the
date of the enactment of this section, require each
enterprise to--
``(1) include a military service question on the form known
as the Uniform Residential Loan Application; and
``(2) position such question above the signature line of
the Uniform Residential Loan Application.''.
(b) Rulemaking.--The Director of the Federal Housing
Finance Agency shall, not later than 6 months after the date
of the enactment of this section, issue a rule to carry out
the amendment made by this section.
amendment no. 175 offered by mr. green of texas
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. INCLUSION OF VETERANS IN HOUSING PLANNING.
(a) Public Housing Agency Plans.--Section 5A(d)(1) of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1))
is amended by striking ``and disabled families'' and
inserting ``, disabled families, and veterans (as such term
is defined in section 101 of title 38, United States Code)''.
(b) Comprehensive Housing Affordability Strategies.--
(1) In general.--Section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705) is
amended--
(A) in subsection (b)(1), by inserting ``veterans (as such
term is defined in section 101 of title 38, United States
Code),'' after ``acquired immunodeficiency syndrome,'';
(B) in subsection (b)(20), by striking ``and service'' and
inserting ``veterans service, and other service''; and
(C) in subsection (e)(1), by inserting ``veterans (as such
term is defined in section 101 of title 38, United States
Code),'' after ``homeless persons,''.
(2) Consolidated plans.--The Secretary of Housing and Urban
Development shall revise the regulations relating to
submission of consolidated plans (part 91 of title 24, Code
of Federal Regulations) in accordance with the amendments
made by paragraph (1) of this subsection to require inclusion
of appropriate information relating to veterans and veterans
service agencies in all such plans.
SEC. 5107. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS.
(a) In General.--Not later than December 31 of each year,
the Secretary of Housing and Urban Development shall submit a
report on the activities of the Department of Housing and
Urban Development relating to veterans during such year to
the following:
(1) The Committee on Banking, Housing, and Urban Affairs of
the Senate.
(2) The Committee on Veterans' Affairs of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Financial Services of the House of
Representatives.
(5) The Committee on Veterans' Affairs of the House of
Representatives.
(6) The Committee on Appropriations of the House of
Representatives.
(7) The Secretary of Veterans Affairs.
(b) Contents.--Each report required under subsection (a)
shall include the following information with respect to the
year for which the report is submitted:
(1) The name of each public housing agency that provides
assistance under the program of housing choice vouchers for
homeless veterans under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
(2) The number of homeless veterans provided assistance
under the program of housing choice vouchers for homeless
veterans under section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic
characteristics and racial characteristics of such homeless
veterans, and the number, types, and locations of entities
contracted under such section to administer the vouchers.
(3) The number of homeless veterans provided assistance
under the Tribal HUD-VA Supportive Housing Program (HUD-VASH)
authorized by the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 2733)
the socioeconomic characteristics and racial characteristics
of such homeless veterans, and the number, types, and
locations of entities contracted under such section to
administer the vouchers.
(4) A summary description of the special considerations
made for veterans under public housing agency plans submitted
pursuant to section 5A of the United States Housing Act of
1937 (42 U.S.C. 1437c-1) and under comprehensive housing
affordability strategies submitted pursuant to section 105 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(5) A description of the activities of the Special
Assistant for Veterans Affairs.
(6) A description of the efforts of the Department of
Housing and Urban Development to coordinate the delivery of
housing and services to veterans with other Federal
departments and agencies, including the Department of
Defense, Department of Justice, Department of Labor,
Department of Health
[[Page H4966]]
and Human Services, Department of Veterans Affairs,
Interagency Council on Homelessness, and the Social Security
Administration.
(7) The cost to the Department of Housing and Urban
Development of administering the programs and activities
relating to veterans.
(8) Any other information that the Secretary considers
relevant in assessing the programs and activities of the
Department of Housing and Urban Development relating to
veterans.
(c) Assessment of Housing Needs of Very Low-Income Veteran
Families.--
(1) In general.--For the first report submitted pursuant to
subsection (a) and every fifth report thereafter, the
Secretary of Housing and Urban Development shall--
(A) conduct an assessment of the housing needs of very low-
income veteran families (as such term is defined in paragraph
5); and
(B) shall include in each such report findings regarding
such assessment.
(2) Content.--Each assessment under this subsection shall
include--
(A) conducting a survey of, and direct interviews with, a
representative sample of very low-income veteran families (as
such term is defined in paragraph 5) to determine past and
current--
(i) socioeconomic characteristics of such veteran families;
(ii) barriers to such veteran families obtaining safe,
quality, and affordable housing;
(iii) levels of homelessness among such veteran families;
and
(iv) levels and circumstances of, and barriers to, receipt
by such veteran families of rental housing and homeownership
assistance; and
(B) such other information that the Secretary determines,
in consultation with the Secretary of Veterans Affairs and
national nongovernmental organizations concerned with
veterans, homelessness, and very low-income housing, may be
useful to the assessment.
(3) Conduct.--If the Secretary contracts with an entity
other than the Department of Housing and Urban Development to
conduct the assessment under this subsection, such entity
shall be a nongovernmental organization determined by the
Secretary to have appropriate expertise in quantitative and
qualitative social science research.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Housing and Urban
Development, to be available until expended to carry out this
subsection, $1,000,000.
(5) Very low-income veteran family.--The term ``very low-
income veteran family'' means a veteran family whose income
does not exceed 50 percent of the median income for the area,
as determined by the Secretary with adjustments for smaller
and larger families, except that the Secretary may establish
an income ceiling higher or lower than 50 percent of the
median for the area on the basis of the Secretary's findings
that such variations are necessary because of prevailing
levels of construction costs or fair market rents (as
determined under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f)).
amendment no. 176 offered by mr. green of tennessee
At the end of subtitle B of title XII, add the following:
SEC. 12_. REPORT ON EVACUATION OF UNITED STATES CITIZENS FROM
HAMID KARZAI INTERNATIONAL AIRPORT.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the number of United
States citizens evacuated from Hamid Karzai International
Airport.
(b) Termination.--The reports required by subsection (a)
shall terminate 30 days after the date on which the final
United States citizen that has requested evacuation from
Hamid Karzai International Airport has been evacuated.
(c) Sense of Congress.--It is the sense of Congress that
throughout the evacuation of American citizens and allies
from Afghanistan, the United States Armed Forces carried out
their mission with tremendous professionalism, compassion,
and bravery.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
amendment no. 177 offered by mr. hagedorn of minnesota
Add at the end of title LI the following new section:
SEC. 51__. USE OF FINANCIAL SERVICES PROVIDERS IN PROVISION
OF FINANCIAL LITERACY TRAINING FOR MEMBERS OF
THE ARMED FORCES AT MILITARY INSTALLATIONS
OUTSIDE THE UNITED STATES.
Section 992 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Training for Members Stationed Overseas.--
``(1) In general.--As part of the financial literacy
training provided under this section to members of the armed
forces stationed or deployed at an installation outside the
United States, the commander of such installation may, in the
commander's discretion, permit representatives of financial
services providers serving, or intending to serve, such
members to participate in such training, including in
orientation briefings regularly scheduled for members newly
arriving at such installation.
``(2) No endorsement.--In permitting representatives to
participate in training and orientation briefings pursuant to
paragraph (1), a commander may not endorse any financial
services provider or the services provided by such provider.
``(3) Financial services provider defined.--In this
subsection, the term `financial services provider' means the
following:
``(A) A financial institution, insurance company, or
broker-dealer that is licensed and regulated by the United
States or a State.
``(B) A money service business that is--
``(i) registered with the Financial Crimes Enforcement
Network of the Department of the Treasury; and
``(ii) licensed and regulated by the United States or a
State.
``(C) The host nation agent of a money service business
described in subparagraph (B).''.
amendment no. 178 offered by mr. higgins of louisiana
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. SENSE OF CONGRESS ON JOINT SURVEILLANCE TARGET
ATTACK RADAR SYSTEM AIRCRAFT.
It is the sense of Congress that--
(1) the Joint Surveillance Target Attack Radar System
aircraft is an essential element of the aircraft fleet of the
Air Force; and
(2) before retiring any such aircraft, the Secretary of the
Air Force should strictly adhere to each provision of law
relating to the use, operation, and retirement of such
aircraft.
amendment no. 179 offered by mr. hill of arkansas
In title LI, add at the end the following:
SEC. 5106. SAVE ACT OF 2021.
(a) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States
competitiveness, scientific leadership and cooperation, and
innovative capacity;''.
(2) Strengthening domestic capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(A) in subsection (a), by inserting ``(including medical
materials)'' after ``materials''; and
(B) in subsection (b)(1), by inserting ``(including medical
materials such as drugs, devices, and biological products to
diagnose, cure, mitigate, treat, or prevent disease that are
essential to national defense)'' after ``essential
materials''.
(3) Strategy on securing supply chains for medical
materials.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL
MATERIALS.
``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the President, in
consultation with the Secretary of Health and Human Services,
the Secretary of Commerce, the Secretary of Homeland
Security, and the Secretary of Defense, shall transmit a
strategy to the appropriate Members of Congress that includes
the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs, devices,
and biological products (as that term is defined in section
351 of the Public Health Service Act (42 U.S.C. 262)) to
diagnose, cure, mitigate, treat, or prevent disease)
essential to national defense, to the extent necessary for
the purposes of this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical materials, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from the plan and
measures described in this subsection on the production,
cost, or distribution of biological products (as that term is
defined in section 351 of the Public Health Service Act (42
U.S.C. 262)) or any other devices or drugs (as defined under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.));
``(B) a timeline to ensure that essential components of the
supply chain for medical
[[Page H4967]]
materials are not under the exclusive control of a foreign
government in a manner that the President determines could
threaten the national defense of the United States; and
``(C) efforts to mitigate any risks resulting from the plan
and measures described in this subsection to United States
competitiveness, scientific leadership, and innovative
capacity, including efforts to cooperate and proactively
engage with United States allies.
``(b) Progress Report.--Following submission of the
strategy under subsection (a), the President shall submit to
the appropriate Members of Congress an annual progress report
until September 30, 2025, evaluating the implementation of
the strategy, and may include updates to the strategy as
appropriate. The strategy and progress reports shall be
submitted in unclassified form but may contain a classified
annex.
``(c) Appropriate Members of Congress.--The term
`appropriate Members of Congress' means the Speaker, majority
leader, and minority leader of the House of Representatives,
the majority leader and minority leader of the Senate, the
Chairman and Ranking Member of the Committee on Financial
Services of the House of Representatives, and the Chairman
and Ranking Member of the Committee on Banking, Housing, and
Urban Affairs of the Senate.''.
(b) Investment in Supply Chain Security.--
(1) In general.--Section 303 of the Defense Production Act
of 1950 (50 U.S.C. 4533) is amended by adding at the end the
following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--In addition to other authorities in this
title, the President may make available to an eligible entity
described in paragraph (2) payments to increase the security
of supply chains and supply chain activities, if the
President certifies to Congress not less than 30 days before
making such a payment that the payment is critical to meet
national defense requirements of the United States.
``(2) Eligible entity.--An eligible entity described in
this paragraph is an entity that--
``(A) is organized under the laws of the United States or
any jurisdiction within the United States; and
``(B) produces--
``(i) one or more critical components;
``(ii) critical technology; or
``(iii) one or more products or raw materials for the
security of supply chains or supply chain activities.
``(3) Definitions.--In this subsection, the terms `supply
chain' and `supply chain activities' have the meanings given
those terms by the President by regulation.''.
(2) Regulations.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall prescribe
regulations setting forth definitions for the terms ``supply
chain'' and ``supply chain activities'' for the purposes of
section 303(h) of the Defense Production Act of 1950 (50
U.S.C. 4533(h)), as added by subsection (a).
(B) Scope of definitions.--The definitions required by
paragraph (1)--
(i) shall encompass--
(I) the organization, people, activities, information, and
resources involved in the delivery and operation of a product
or service used by the Government; or
(II) critical infrastructure as defined in Presidential
Policy Directive 21 (February 12, 2013; relating to critical
infrastructure security and resilience); and
(ii) may include variations as determined necessary and
appropriate by the President for purposes of national
defense.
amendment no. 180 offered by mr. hill of arkansas
At the end of subtitle E of title X, insert the following:
SEC. 10__. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE
NARCOTICS PRODUCTION AND TRAFFICKING AND
AFFILIATED NETWORKS LINKED TO THE REGIME OF
BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the captagon trade linked to the regime of Bashar al-
Assad in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assad-
linked narcotics production and trafficking networks.
(b) Report and Strategy Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense, the Secretary of State, the Secretary of the
Treasury, the Administrator of the Drug Enforcement
Administration, the Director of National Intelligence, and
the heads of other appropriate Federal agencies shall jointly
submit to the appropriate congressional committees a report
containing a strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria. Such strategy shall
include each of the following:
(1) A strategy to target, disrupt and degrade networks that
directly and indirectly support the narcotics ?infrastructure
of the Assad regime, particularly through diplomatic and
intelligence support to law enforcement investigations.
(2) The use of sanctions authorities and associated actions
to target individuals and entities directly or indirectly
associated with the narcotics infrastructure of the Assad
regime.
(3) The use global diplomatic engagements associated with
the economic pressure campaign against the Assad regime to
target its narcotics infrastructure.
(4) Leveraging multilateral institutions and cooperation
with international partners to disrupt the narcotics
infrastructure of the Assad regime.
(5) Mobilizing a public communications campaign to increase
awareness of the extent of the connection of the Assad regime
to illicit narcotics trade.
(c) Form of Report.--The report required under subsection
(b) shall be submitted in an unclassified form, but may
contain a classified annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on the Judiciary, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Committee on Appropriations of the House of Representatives;
and
(3) the Committee on the Judiciary, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Appropriations of the
Senate.
amendment no. 181 offered by mr. himes of connecticut
Add at the end of subtitle D of title XV the following new
section:
SEC. 1533. REPORT ON PLAN TO FULLY FUND THE INFORMATION
SYSTEMS SECURITY PROGRAM AND NEXT GENERATION
ENCRYPTION.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report on the
resources necessary to fully fund the Information Systems
Security Program during the period covered by the most recent
future-years defense program submitted under section 221 of
title 10, United States Code--
(1) to address the cybersecurity requirements of the
Department of Defense; and
(2) for the adoption of next generation encryption into
existing and future systems.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) An assessment by the Chief Information Officer of the
Department of Defense, in coordination with the chiefs of the
Armed Forces and in consultation with the Director of the
National Security Agency, of the additional resources
required to fund the Information Systems Security Program at
a level that satisfies current and anticipated cybersecurity
requirements of the Department.
(2) An identification of any existing funding not currently
aligned to the Program that is more appropriately funded
through the Program.
(3) A strategic plan, developed in coordination with the
chiefs of the Armed Forces and in consultation with the
Director of the National Security Agency, that provides
options, timelines and required funding, by Armed Force or
component of the Department, for the adoption of next
generation encryption into existing and future systems.
(c) Form.--The report under subsection (a) may be submitted
in classified form.
(d) Briefing.--Not later than 30 days after the date on
which the Secretary submits the report under subsection (a),
the Chief Information Officer of the Department and the
Director of the National Security Agency shall jointly
provide to the appropriate congressional committees a
briefing on the report.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate.
amendment no. 182 offered by mr. himes of connecticut
In title LI of division E, after section 5105, insert the
following:2
SEC. 5106. PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS
OF FUNDS.
Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after ``Secretary of the
Treasury may'' the following: ``, by order, regulation, or
otherwise as permitted by law,'';
(B) by striking paragraph (2) and inserting the following:
``(2) Form of requirement.--The special measures described
in subsection (b) may be imposed in such sequence or
combination as the Secretary shall determine.''; and
(C) by striking paragraph (3); and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``on behalf of a foreign
banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain transmittals of
funds.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more types of accounts
within, or involving, a jurisdiction outside of the United
States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of
[[Page H4968]]
the United States to be of primary money laundering concern,
the Secretary, in consultation with the Secretary of the
State, the Attorney General, and the Chairman of the Board of
Governors of the Federal Reserve System, may prohibit, or
impose conditions upon certain transmittals of funds (as such
term may be defined by the Secretary in a special measure
issuance, by regulation, or as otherwise permitted by law),
to or from any domestic financial institution or domestic
financial agency if such transmittal of funds involves any
such jurisdiction, institution, type of account, or class of
transaction.''.
amendment no. 183 offered by mr. horsford of nevada
At the end of subtitle B of title III, insert the
following:
SEC. 3__. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK
EMISSIONS AT CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may conduct a
pilot program (to be known as the ``Installations Emissions
Tracking Program'') to evaluate the feasibility and
effectiveness of software and emerging technologies and
methodologies to track real-time emissions from installations
and installation assets.
(b) Goals.--The goals of the Installations Emissions
Tracking Program are--
(1) to prove software and emerging technologies,
methodologies, and capabilities to effectively track
emissions in real time; and
(2) to reduce energy costs and increase efficiencies.
(c) Locations.--If the Secretary conducts the Installations
Emissions Tracking Program, the Secretary shall select, for
purposes of the Program, four major military installations
located in different geographical regions of the United
States that the Secretary determines--
(1) are prone to producing higher emissions;
(2) are in regions that historically have poor air quality;
and
(3) have historically higher than average utility costs.
amendment no. 184 offered by mr. horsford of nevada
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. PILOT PROGRAM ON DATA LIBRARIES FOR TRAINING
ARTIFICIAL INTELLIGENCE MODELS.
(a) Data Libraries.--The Secretary of Defense, acting
through the Director of the Joint Artificial Intelligence
Center, is authorized to carry out a pilot program under
which Secretary may--
(1) establish data libraries containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
(2) allow private companies to access such data libraries
for the purposes of developing artificial intelligence models
and other technical software solutions.
(b) Objectives.--The objective of the pilot program under
subsection (a) shall be to ensure that the Department of
Defense is able to procure optimal artificial intelligence
and machine learning software capabilities that can quickly
scale to meet the needs of the Department.
(c) Elements.--If the Secretary of Defense elects to carry
out the pilot program under subsection (a), the data
libraries established under the program--
(1) may include unclassified data stacks representative of
diverse types of information, such as aerial imagery, radar,
synthetic aperture radar, captured exploitable material,
publicly available information, and as many other data types
the Secretary determines appropriate; and
(2) shall be made available to covered software companies
beginning immediately upon the covered software company
entering into a contract or agreement with the Secretary to
support rapid development of high-quality software.
(d) Availability.--If the Secretary of Defense elects to
carry out the pilot program under subsection (a), the
Secretary, acting through the Chief Information Officer of
the Department, shall ensure that the data libraries
established under the program are available to covered
software companies by not later than 180 days after the date
on which the program is commenced.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on implementing
this section, including an identification of the types of
information that the Secretary determines are feasible and
advisable to include in the data stacks under subsection
(b)(1).
(f) Covered Software Company.--In this section, the term
``covered software company'' means a private entity that
develops software for the Department of Defense under a
contract or agreement entered into with the Secretary of
Defense.
amendment no. 185 offeed by mr. horsford of nevada
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION
PROGRAM.
Subsection (b) of section 1648 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is amended by amending paragraph (4) to read as follows:
``(4) Definitions for `Controlled Unclassified Information'
(CUI) and `For Official Use Only' (FOUO), policies regarding
protecting information designated as either of such, and an
assessment of the `DoD CUI Program' and Department of Defense
compliance with the responsibilities specified in Department
of Defense Instruction (DoDI) 5200.48, `Controlled
Unclassified Information (CUI),' including the following:
``(A) The extent to which the Department of Defense is
identifying whether information is CUI via a contracting
vehicle and marking documents, material, or media containing
such information in a clear and consistent manner.
``(B) Recommended regulatory or policy changes to ensure
consistency and clarity in CUI identification and marking
requirements.
``(C) Circumstances under which commercial information is
considered CUI, and any impacts to the commercial supply
chain associated with security and marking requirements.
``(D) Benefits and drawbacks of requiring all CUI to be
marked with a unique CUI legend versus requiring that all
data marked with an appropriate restricted legend be handled
as CUI.
``(E) The extent to which the Department of Defense clearly
delineates Federal Contract Information (FCI) from CUI.
``(F) Examples or scenarios to illustrate information that
is and is not CUI.''.
Amendment No. 186 offered by Ms. Houlahan of Pennsylvania
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS FROM CATEGORY MANAGEMENT
REQUIREMENTS.
(a) In General.--The Small Business Act is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY
MANAGEMENT REQUIREMENTS.
``(a) In General.--A contract awarded under section 8(a),
8(m), 31, or 36 that is classified as tier 0--
``(1) shall be exempt from the procedural requirements of
any Federal rule or guidance on category management or
successor strategies for contract consolidation; and
``(2) shall not be included when measuring the attainment
of any goal or benchmark established under any Federal rule
or guidance on category management or successor strategies
for contract consolidation.
``(b) Prohibition.--With respect to a requirement that was
previously satisfied through a contract awarded under section
8(a), the head of a Federal agency shall not remove such
requirement from a contract eligible for award under section
8(a) and include such requirement in a contract that is
classified as tier 1, tier 2, or tier 3 without the
Administrator's approval.
``(c) Definitions.--In this section:
``(1) Category management.--The term `category management'
has the meaning given by the Director of the Office of
Management and Budget.
``(2) Tier 0; tier 1; tier 2; tier 3.--The terms `tier 0',
`tier 1', `tier 2', and `tier 3' have the meanings given such
terms, respectively, by the Director of the Office of
Management and Budget with respect to the Spend Under
Management tiered maturity model, or any successor model.''.
(b) Application.--Section 49 of the Small Business Act, as
added by subsection (a), shall apply with respect to
contracts entered into on or after the date of the enactment
of this Act.
Amendment No. 187 offered by Ms. Houlahan of Pennsylvania
At the end of subtitle B of title VIII, add the following
new section:
SEC. 8__. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY
DEVELOPED AT DEPARTMENT OF DEFENSE
LABORATORIES.
Section 801(e) of the National Defense Authorization Act
for Fiscal Year 2014 (10 U.S.C. 2514 note) is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (d) and inserting the following
new subsections:
``(d) Data Collection.--The Secretary of Defense shall
develop and implement a plan to collect and analyze data on
the use of authority under this section for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the Secretary of Defense and
Congress on the use of authority under this section and
related policy issues.
``(e) Report.--The Secretary of Defense shall submit a
report to the congressional defense committees not later than
December 31, 2025.''; and
(3) in subsection (f) (as so redesignated), by striking
``December 31, 2021'' and inserting ``December 31, 2026''.
Amendment No. 188 offered by Ms. Houlahan of Pennsylvania
At the end of title LII, insert the following:
SEC. 52__. REPORTS ON RECOMMENDATIONS OF NATIONAL SECURITY
COMMISSION ON ARTIFICIAL INTELLIGENCE REGARDING
DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than one year after the
date of the enactment of this
[[Page H4969]]
Act, and one year thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report on
the recommendations made by the National Security Commission
on Artificial Intelligence with respect to the Department of
Defense. Each such report shall include--
(1) for each such recommendation, a determination of
whether the Secretary of Defense intends to implement the
recommendation;
(2) in the case of a recommendation the Secretary intends
to implement, the intended timeline for implementation, a
description of any additional resources or authorities
required for such implementation, and the plan for such
implementation;
(3) in the case of a recommendation the Secretary
determines is not advisable or feasible, the analysis and
justification of the Secretary in making that determination;
and
(4) in the case of a recommendation the Secretary
determines the Department is already implementing through a
separate line of effort, the analysis and justification of
the Secretary in making that determination.
(b) Briefings.-- Not less frequently than twice each year
during the two-year period beginning on the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees briefings on the
progress of the Secretary in analyzing and implementing the
recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of
Defense.
(c) Budget Materials.--The Secretary of Defense shall
include in the annual budget submission of the President
under section 1105(a) of title 31, United States Code, for
each of fiscal years 2023 and 2024, a report listing the
funding and programs of the Department of Defense that
advance the recommendations of the National Security
Commission on Artificial Intelligence.
Amendment No. 189 offered by Ms. Houlahan of Pennsylvania
At the end of title LII of division D, add the following:
SEC. 52__. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL
REPORT.
Subsection (d) of section 1303 of the Homeland Security Act
of 2002 (Public Law 107-296; 5 U.S.C. 1401 note) is amended
to read as follows:
``(d) Annual Reports.--
``(1) Council report.--Each year, the Chief Human Capital
Officers Council shall submit a report to Congress and the
Director of the Office of Personnel Management that includes
the following:
``(A) A description of the activities of the Council.
``(B) A description of employment barriers that prevent the
agency from hiring qualified applicants, including those for
digital talent positions, and recommendations for addressing
the barriers that would allow agencies to more effectively
hire qualified applicants.
``(2) OPM report.--Not later than 60 days after the
Director receives a report under paragraph (1), the Director
shall submit to Congress and the Council a report that
details how the Office plans to address the barriers and
recommendations identified by the Council in their report.
``(3) Publication.--The Director shall--
``(A) not later than 30 days after receiving a report under
paragraph (1), make that report publicly available on the
Office's website; and
``(B) on the date the Director submits the report under
paragraph (2), make that report publicly available on such
website.''.
Amendment No. 190 offered by Mr. huizenga of michigan
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON RECOVERY OPERATIONS OF 1952 C-119 FLYING
BOXCAR, CALL NAME ``GAMBLE CHALK 1''.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to
Congress a report that includes--
(1) a status update on the recovery operations of the 1952
C-119 Flying boxcar, call name ``Gamble Chalk 1'', crash at
Mount Silverthrone, Alaska;
(2) detailed plans for the recovery operation, the timeline
for such operation, a description of any past recovery
operations, and the rationale for any canceled or delayed
operations; and
(3) a summary of other Air Force operational losses that
occurred in Alaska in 1952 and have yet to be recovered.
Amendment No. 191 offered by Ms. jackson lee of texas
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE
NEGATIVE BREAST CANCER.
(a) In General.--The Office of Health of the Department of
Defense shall work in collaboration with the National
Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be identified
earlier in the progression of their disease; and
(B) the development of multiple targeted therapies for the
disease.
(b) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program,
as specified in the corresponding funding tables in division
D, is hereby increased by $10,000,000 to carry out subsection
(a).
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program,
as specified in the corresponding funding tables in division
D, for Private Sector Care is hereby reduced by $10,000,000.
Amendment No. 192 offered by Ms. jackson lee of texas
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program,
as specified in the corresponding funding table in such
division, is hereby increased by $2,500,000 for post-
traumatic stress disorder.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program,
as specified in the corresponding funding tables in division
D, for Private Sector Care is hereby reduced by $2,500,000.
Amendment No. 193 offered by Ms. jackson lee of texas
At the end of subtitle F of title V, add the following:
SEC. 5__. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service
academy shall provide testing for speech disorders to
incoming cadets or midshipmen under the jurisdiction of that
Superintendent.
(b) No Effect on Admission.--The testing under subsection
(a) may not have any affect on admission to a military
service academy.
(c) Results.--The Superintendent shall provide each cadet
or midshipman under the jurisdiction of that Superintendent
the result of the testing under subsection (a) and a list of
warfare unrestricted line officer positions and occupation
specialists that require successful performance on the speech
test.
(d) Therapy.--The Superintendent shall furnish speech
therapy to a cadet or midshipman under the jurisdiction of
that Superintendent at the election of the cadet or
midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate
a speech disorder or impediment may elect to retake the
testing once each academic year while enrolled at the
military service academy.
Amendment No. 194 offered by Ms. jackson lee of texas
Add at the end of subtitle H of title V the following:
SEC. 576. TASK FORCE ON HISTORICAL AND CURRENT BARRIERS TO
AFRICAN AMERICAN PARTICIPATION AND EQUAL
TREATMENT IN THE ARMED SERVICES.
(a) Establishment.--The Secretary of Defense shall
establish within the Department of Defense a task force to be
known as the ``Task Force on Historical and Current Barriers
to African American Participation and Equal Treatment in the
Armed Services'' (hereafter referred to as the ``Task
Force'').
(b) Duties.--The Task Force shall advise, consult with,
report to, and make recommendations to the Secretary, as
appropriate, on the development, refinement, and
implementation of policies, programs, planning, and training
which will provide redress for historical barriers to African
American participation and equal treatment in the Armed
Services.
(c) Studies and Investigations.--
(1) Investigation of historical record of slavery.--As part
of its duties, the Task Force shall identify, compile,
examine, and synthesize the relevant corpus of evidentiary
documentation regarding the military or Armed Service's
involvement in the institution of slavery. The Task Force's
documentation and examination shall include facts related
to--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States and the
colonies that became the United States for the purpose of
enslavement, including their treatment during transport;
(C) the sale and acquisition of Africans and their
descendants as chattel property in interstate and intrastate
commerce;
(D) the treatment of African slaves and their descendants
in the colonies and the United States, including the
deprivation of their freedom, exploitation of their labor,
and destruction of their culture, language, religion, and
families; and
(E) the extensive denial of humanity, sexual abuse, and the
chatellization of persons.
(2) Study of effects of discriminatory policies in the
armed services.--As part of its duties, the Task Force shall
study and analyze the official policies or routine practices
of the Armed Services with discriminatory intent or
discriminatory effect on the formerly enslaved Africans and
their descendants in the Armed Services following
[[Page H4970]]
the overdue recognition of such persons as United States
citizens beginning in 1868.
(3) Study of other forms of discrimination.--As part of its
duties, the Task Force shall study and analyze the other
forms of discrimination in the Armed Services against freed
African slaves and their descendants who were belatedly
accorded their rightful status as United States citizens from
1868 to the present.
(4) Study of lingering effects of discrimination.--As part
of its duties, the Task Force shall study and analyze the
lingering negative effects of the institution of slavery and
the matters described in the preceding paragraphs on living
African Americans and their participation in the Armed
Services.
(d) Recommendations for Remedies.--
(1) Recommendations.--Based on the results of the
investigations and studies carried out under subsection (c),
the Task Force shall recommend appropriate remedies to the
Secretary.
(2) Issues addressed.--In recommending remedies under this
subsection, the Task Force shall address the following:
(A) How Federal laws and policies that continue to
disproportionately and negatively affect African Americans as
a group in the Armed Services, and those that perpetuate the
lingering effects, materially and psycho-socially, can be
eliminated.
(B) How the injuries resulting from the matters described
in subsection (c) can be reversed through appropriate
policies, programs, and projects.
(C) How, in consideration of the Task Force's findings, to
calculate any form of repair for inequities to the
descendants of enslaved Africans.
(D) The form of that repair which should be awarded, the
instrumentalities through which the repair should be
provided, and who should be eligible for the repair of such
inequities.
(e) Annual Report.--
(1) Submission.--Not later than 90 days after the end of
each year, the Task Force shall submit a report to the
Secretary on its activities, findings, and recommendations
during the preceding year.
(2) Publication.--Not later than 180 days after the date on
which the Secretary receives an annual report for a year
under paragraph (1), the Secretary shall publish a public
version of the report, and shall include such related matters
as the Secretary finds would be informative to the public
during that year.
(f) Composition; Governance.--
(1) Composition.--The Task Force shall be composed of such
number of members as the Secretary may appoint from among
individuals whom the Secretary finds are qualified to serve
by virtue of their military service, education, training,
activism or experience, particularly in the field of history,
sociology, and African American studies.
(2) Publication of list of members.--The Secretary shall
post and regularly update on a public website of the
Department of Defense the list of the members of the Task
Force.
(3) Meetings.--The Task Force shall meet not less
frequently than quarterly, and may convene additional
meetings during a year as necessary. At least one of the
meetings during each year shall be open to the public.
(4) Governance.--The Secretary shall establish rules for
the structure and governance of the Task Force.
(5) Deadline.--The Secretary shall complete the appointment
of the members of the Task Force not later than 180 days
after the date of the enactment of this Act.
Amendment No. 195 offered by Ms. jackson lee of texas
At the end of subtitle C of title VII, add the following
new section:
SEC. 7___. REPORT ON RATE OF MATERNAL MORTALITY AMONG MEMBERS
OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, and with respect to
members of the Coast Guard, the Secretary of the Department
in which the Coast Guard is operating when it is not
operating as a service in the Navy, shall submit to Congress
a report on the rate of maternal mortality among members of
the Armed Forces and the dependents of such members.
Amendment No. 196 offered by Ms. jackson lee of texas
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the risks posed by man-made space debris in low-earth
orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incident of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of
Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
Amendment No. 197 offered by Ms. jackson lee of texas
At the end of subtitle C of title XIII, add the following
new section:
SEC. 13__. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO
PROTECT UNITED STATES STUDENTS AGAINST FOREIGN
AGENTS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing
to the congressional defense committees on the program
described in section 1277 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
including an assessment on whether the program is beneficial
to students interning, working part time, or in a program
that will result in employment post-graduation with
Department of Defense components and contractors.
Amendment No. 198 offered by Ms. jackson lee of texas
At the end of subtitle I of title XXVIII, add the following
new section:
SEC. 28_. REPORT ON RECOGNITION OF AFRICAN AMERICAN
SERVICEMEMBERS IN DEPARTMENT OF DEFENSE NAMING
PRACTICES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing the
following information:
(1) A description of current Department of Defense naming
conventions for military installations, infrastructure,
vessels, and weapon systems.
(2) A list of all military installations (including reserve
component facilities), infrastructure (including reserve
component infrastructure), vessels, and weapon systems that
are currently named after African Americans who served in the
Armed Forces.
(3) An explanation of the steps being taken to recognize
the service of African Americans who have served in the Armed
Forces with honor, heroism, and distinction by increasing the
number of military installations, infrastructure, vessels,
and weapon systems named after deserving African American
members of the Armed Forces.
Amendment No. 199 offered by Ms. jackson lee of texas
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. 13__. SENSE OF CONGRESS ON ISRAEL AS A CRITICAL DEFENSE
PARTNER.
It is the sense of Congress that it is in that national
security interest of the United States to--
(1) maintain a strong relationship with Israel and support
their military efforts;
(2) conduct military exercises with Israel, promoting
interoperability and readiness;
(3) ensure that Israel has capabilities with regards to
their defense articles to support peace efforts in the
region;
(4) be a source of consistent and reliable defense
articles;
(5) work with Israel to oppose any efforts of terrorism or
radical extremism in the Middle East; and
(6) promote the belief that normalized relations with
Israel is of benefit for any country.
amendment no. 200 offered by mr. jacobs of new york
At the end of subtitle D of title VIII, add the following
new section:
SEC. 8__. PILOT PROGRAM ON DEFENSE INNOVATION OPEN TOPICS.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for Research
and Engineering, the Secretary of the Air Force, Secretary of
the Army, and Secretary of the Navy, shall establish defense
innovation open topic activities using the Small Business
Innovation Research Program in order to--
(1) increase the transition of commercial technology to the
Department of Defense;
(2) expand the small business nontraditional defense
industrial base;
(3) increase commercialization derived from defense
investments;
(4) increase diversity and participation among self-
certified small-disadvantaged businesses, minority-owned
businesses, and disabled veteran-owned businesses; and
(5) expand the ability for qualifying small businesses to
propose technology solutions to meet defense needs.
(b) Frequency.--The Department of Defense and Military
Services shall conduct not less than one open topic
announcement per fiscal year.
(c) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall provide
the congressional defense committees a briefing on the
establishment of the program required by subsection (a).
(d) Termination.--The pilot program authorized in
subsection (a) shall terminate on October 1, 2025.
amendment no. 201 offered by ms. jacobs of california
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. REPORT ON HAITI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
regarding conflict assessment in Haiti that includes
information relating to the following:
(1) Aftershocks of the 2021 earthquake.
(2) Systemic patterns and causes of violence and subsequent
impunity relating to
[[Page H4971]]
massacres, death threats, kidnappings, armed attacks, and
firearm-related violence, with analysis of the roles of the
various actors and beneficiaries who are or have been
involved, including Haitian Government actors.
(3) Gang activity and its role in the recent wave of
kidnappings, and the capacities of the police force to
address the most serious manifestations of insecurity.
(4) The scope and role of criminal activity and its
linkages to political forces, particularly leading up to
elections.
(5) Implications of the lack of independence of Haiti's
judicial system.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
amendment no. 202 offered by ms. jacobs of california
At the end of subtitle D of title X, insert the following:
SEC. 10__. CONSIDERATION OF HUMAN RIGHTS RECORDS OF
RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (c)(2) by adding at the end of the
following new subparagraph--
``(D) The processes through which the Secretary shall
ensure that, prior to a decision to provide any support to
foreign forces, irregular forces, groups, or individuals,
full consideration is given to any credible information
relating to violations of human rights by such entities.''.
(2) in subsection (d)(2)--
(A) in subparagraph (H), by inserting ``, including the
promotion of good governance and rule of law and the
protection of civilians and human rights'' before the period
at the end;
(B) in subparagraph (I)--
(i) by striking the period at the end and inserting ``or
violations of the Geneva Conventions of 1949, including--'';
and
(ii) by adding at the end the following new clauses:
``(i) vetting units receiving such support for violations
of human rights;
``(ii) providing human rights training to units receiving
such support; and
``(iii) providing for the investigation of allegations of
violations of human rights and termination of such support in
cases of credible information of such violations.''; and
(C) by adding at the end the following new subparagraph:
``(J) A description of the human rights record of the
recipient, including for purposes of section 362 of this
title, and any relevant attempts by such recipient to remedy
such record.'';
(3) in subsection (i)(3) by adding at the end the following
new subparagraph:
``(I) An assessment of how support provided under this
section advances United States national security priorities
and aligns with other United States Government efforts to
address underlying risk factors of terrorism and violent
extremism.''; and
(4) by adding at the end the following new subsection:
``(j) Prohibition on Use of Funds.--(1) Except as provided
in paragraphs (2) and (3), no funds may be used to provide
support to any foreign forces, irregular forces, groups, or
individuals if the Secretary of Defense has credible
information that the unit has committed a gross violation of
human rights.
``(2) The Secretary of Defense may waive the prohibition
under paragraph (1) if the Secretary determines that the
waiver is required by extraordinary circumstances.
``(3) The prohibition under paragraph (1) shall not apply
with respect to the foreign forces, irregular forces, groups,
or individuals of a country if the Secretary of Defense
determines that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in disaster relief
operations or other humanitarian or national security
emergencies.''.
amendment no. 203 offered by ms. jacobs of california
At the end of subtitle C of title XIII, add the following:
SEC. 13_. STRATEGY TO COUNTER VIOLENT EXTREMISM AND ARMED
CONFLICT IN MOZAMBIQUE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development (USAID), the Secretary
of Defense, and other departments and agencies as deemed
necessary, shall submit to the appropriate congressional
committees a United States strategy to counter violent
extremism and armed conflict in Mozambique, including through
the provision of United States assistance also intended to
foster a peaceful post-conflict transition in Mozambique.
(b) Elements.--The strategy required by subsection (a)
shall address or include the following:
(1) United States assistance provided to--
(A) the Government of the Republic of Mozambique and
foreign militaries, including regional partners and allies,
that have deployed military trainers, combat troops, or other
military assets to Mozambique for the purpose of degrading
all known terrorist threats, including ISIS-Mozambique, to
include United States military efforts to train and equip
Mozambican forces, including any United States programs to
counter violent extremism in Cabo Delgado and elsewhere in
Mozambique, and any related activities pertaining to
countering violent extremism, mitigating armed conflict, and
establishing reasonable security conditions in areas of
Mozambique from where these threats emanate; and
(B) the Government of the Republic of Mozambique or
multilateral or nongovernmental recipients aimed at
supporting efforts to--
(i) respond to socioeconomic or political disruptions and
humanitarian needs in conflict-affected areas and among
conflict-affected populations, a prospective post-conflict
transition or recovery, and economic growth and development
and improved livelihoods in conflict-affected areas or among
conflict-affected populations; and
(ii) help address local grievances that fuel recruitment
into violent extremist groups and other armed groups or
otherwise reinforce such groups narratives and propaganda,
including government-driven economic and political exclusion,
marginalization, and alienation, socioeconomic inequality,
state-sponsored land transfers resulting in population
displacement, state corruption, and abuses by security
forces, among other factors.
(2) Plans for future United States assistance and
assessments of any past or current United States assistance
to achieve stability, counter violent extremism, and to
address socioeconomic, humanitarian, and security conditions
in conflict-affected areas or among conflict-affected
populations, including by programming or otherwise
implementing--
(A) activities set out under paragraph (1)(A) or efforts
related to such activities, to include efforts to ensure that
such assistance is provided in accordance with international
norms and Mozambican constitutional or other applicable legal
provisions governing and guaranteeing human rights, civilian
protection, civil liberties, and does not exacerbate violence
or risks to non-combatants;
(B) activities set out under paragraph (1)(B) or efforts
related to such activities, in a manner that ensures program
efficacy and complementarity between United States assistance
and assistance funded by other governments, multilateral
entities, or agencies thereof to support similar goals and
activities;
(C) plans to deconflict all assistance provided in
Mozambique with conflict mitigation and prevention
priorities; and
(D) assistance activities or programs designed to foster
and monitor adherence to international human rights and
humanitarian law by the Government of the Republic of
Mozambique or any entity receiving United States assistance
set out under paragraph (1).
(3) Assessments of--
(A) the capacity of the Government of the Republic of
Mozambique to effectively implement, benefit from, or use the
assistance described in paragraph (1);
(B) the impact of assistance described in paragraph (1) on
local political and social dynamics, including a description
of any consultations with local civil society;
(C) the efficacy and impact of past and current United
States assistance described in paragraph (1) or to promote
economic growth and development and improve livelihoods in
conflict-affected areas or among conflict-affected
populations; and
(D) the degree and nature of complementarities between
United States assistance and assistance funded by other
governments, multilateral entities, or agencies thereof to
support socioeconomic and humanitarian responses, post-
conflict transitions or recovery, and economic growth and
development and improve livelihoods in conflict-affected
areas or among conflict-affected populations, to include
World Bank International Development Association (IDA) or
other World Bank entity assistance to Mozambique's Northern
Crisis Recovery Project and any additional such assistance
under the International Development Association Prevention
and Resilience Allocation (PRA).
(4) Detailed descriptions of past, current, and planned
United States assistance to achieve the objectives set out in
paragraph (1), to include project or program names, activity
descriptions, implementers, and funding estimates by account,
if applicable.
(c) Goals.--The strategy required by subsection (a) shall--
(1) describe United States national security interests and
policy objectives in Mozambique and the surrounding region,
including those affected by the presence of violent
extremists and other armed groups;
(2) include a statement of key objectives pertaining to
each area of planned activity or assistance, civilian or
military, as well as metrics for measuring progress toward
attaining such objectives, data describing the status of and
progress to date toward each objective by metric, and
criteria defining the United States national security
interests met by countering violent extremism and supporting
stabilization operations, including the degree of military
degradation of ISIS-Mozambique; and
(3) be updated and transmitted to the appropriate
congressional committees annually at the beginning of each
fiscal year for at least 3 years, pending the attainment of
such activities or assistance meeting United States national
security interests and satisfactory end-state for security
conditions as
[[Page H4972]]
set out in paragraph (2), as certified by a determination by
the President, which shall be transmitted to the appropriate
congressional committees.
(d) Congressional Notification.--Not later than 15 days
prior to the obligation of amounts made available to provide
assistance in Mozambique as set out under the strategy
required by subsection (a), the Secretary of State or the
Secretary of Defense, as applicable with regard to accounts
under their respective jurisdictions, and except where
otherwise required by law, shall submit to the appropriate
congressional committees a notification, in accordance with
procedures applicable under section 634(a) or section 653(a)
of the Foreign Assistance Act of 1961, as applicable, to
include an identification of the amount and purpose of
assistance to be provided to Mozambique, the account or
accounts from which such assistance is drawn or reprogrammed,
and indications of concordance between such assistance and
elements of such strategy.
(e) Termination.--The requirements of this section shall
terminate if the President selects Mozambique as a ``priority
country'' pursuant to section 505 of the Global Fragility Act
of 2019 (22 U.S.C. 9804) for purposes of the requirements of
that Act.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(2) Conflict-affected area.--The term ``conflict-affected
area'', with respect to Mozambique, means an area in
Mozambique in which ISIS-Mozambique is active or has been
active, militarily or otherwise or where state military or
police forces have operated to combat ISIS-Mozambique
operations or activities, or where there is a significant
pattern of instability, violence, and conflict.
(3) Conflict-affected populations.--The term ``conflict-
affected populations'', with respect to Mozambique, means
populations in Mozambique--
(A) affected by--
(i) ISIS-Mozambique operations or activities in conflict-
affected areas; or
(ii) government or allied military or police response to
such operations or activities; or
(B) that have fled conflict-affected areas.
(4) ISIS-mozambique.--The term ``ISIS-Mozambique'' means
the Islamic State of Iraq and Syria-Mozambique, a group
designated by the Department of State on March 10, 2021 as a
Foreign Terrorist Organization under section 219 of the
Immigration and Nationality Act and as a Specially Designated
Global Terrorist (SDGT) entity under Executive Order 13224,
also known as Ahlu Sunnah Wa-Jama, Ansar al-Sunna, and
locally in Mozambique as al-Shabaab, among other names.
amendment no. 204 offered by ms. jacobs of california
At the appropriate place in title LX of division E, insert
the following new section:
SEC. __. REQUIRED NOTIFICATION AND REPORTS RELATED TO
PEACEKEEPING OPERATIONS ACCOUNT.
(a) Congressional Notification.--Not later than 15 days
prior to the obligation of amounts made available to provide
assistance pursuant to section 551 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348), the Secretary of State shall
submit to the appropriate congressional committees a
notification, in accordance with the applicable procedures
under section 634A of such Act (22 U.S.C. 2394-1), that
includes, with respect to such assistance, the following:
(1) An itemized identification of each foreign country or
entity the capabilities of which the assistance is intended
to support.
(2) An identification of the amount, type, and purpose of
assistance to be provided to each such country or entity.
(3) An assessment of the capacity of each such country or
entity to effectively implement, benefit from, or use the
assistance to be provided for the intended purpose identified
under paragraph (2).
(4) A description of plans to encourage and monitor
adherence to international human rights and humanitarian law
by the foreign country or entity receiving the assistance.
(5) An identification of any implementers, including third
party contractors or other such entities, and the anticipated
timeline for implementing any activities to carry out the
assistance.
(6) As applicable, a description of plans to sustain and
account for any military or security equipment and
subsistence funds provided as an element of the assistance
beyond the date of completion of such activities, including
the estimated cost and source of funds to support such
sustainment.
(7) An assessment of how such activities promote the
following:
(A) The diplomatic and national security objectives of the
United States.
(B) The objectives and regional strategy of the country or
entity receiving the assistance.
(C) The priorities of the United States regarding the
promotion of good governance, rule of law, the protection of
civilians, and human rights.
(D) The peacekeeping capabilities of partner countries of
the country or entity receiving the assistance, including an
explanation if such activities do not support peacekeeping.
(8) An assessment of the possible impact of such activities
on local political and social dynamics, including a
description of any consultations with local civil society.
(b) Reports on Programs Under Peacekeeping Operations
Account.--
(1) Annual report.--Not later than 90 days after the
enactment of this Act, and annually thereafter for 5 years,
the Secretary of State shall submit to the appropriate
congressional committees a report on any security assistance
made available, during the three fiscal years preceding the
date on which the report is submitted, to foreign countries
that received assistance authorized under section 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348) for any of
the following purposes:
(A) Building the capacity of the foreign military, border
security, or law enforcement entities, of the country.
(B) Strengthening the rule of law of the country.
(C) Countering violent extremist ideology or recruitment
within the country.
(2) Matters.--Each report under paragraph (1) shall
include, with respect to each foreign country that has
received assistance as specified in such paragraph, the
following:
(A) An identification of the authority used to provide such
assistance and a detailed description of the purpose of
assistance provided.
(B) An identification of the amount of such assistance and
the program under which such assistance was provided.
(C) A description of the arrangements to sustain any
equipment provided to the country as an element of such
assistance beyond the date of completion of the assistance,
including the estimated cost and source of funds to support
such sustainment.
(D) An assessment of the impact of such assistance on the
peacekeeping capabilities and security situation of the
country, including with respect to the levels of conflict and
violence, the local, political, and social dynamics, and the
human rights record, of the country.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committees on Appropriations of the Senate and of
the House of Representatives.
amendment no. 205 offered by ms. jayapal of washington
Add at the end of subtitle E of title VIII the following
new section:
SEC. 8__. PROHIBITION ON CONTRACTING WITH PERSONS WITH
WILLFUL OR REPEATED VIOLATIONS OF THE FAIR
LABOR STANDARDS ACT OF 1938.
The head of a Federal department or agency (as defined in
section 102 of title 40, United States Code) shall initiate a
debarment proceeding with respect to a person for whom
information regarding four or more willful or repeated
violation of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) as determined by a disposition described under
subsection (c)(1) of section 2313 of title 41, United States
Code, and issued in the last four years, is included in the
database established under subsection (a) of such section.
The head of the department or agency shall use discretion in
determining whether the debarment is temporary or permanent.
amendment no. 206 offered by ms. jayapal of washington
Page 879, insert after line 13 (and conform the table of
contents accordingly):
SEC. 1090. INDEPENDENT STUDIES REGARDING POTENTIAL COST
SAVINGS WITH RESPECT TO THE NUCLEAR SECURITY
ENTERPRISE AND FORCE STRUCTURE.
(a) Comptroller General Report.--
(1) Requirement.--Not later than December 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing cost
analyses with respect to each of the following:
(A) Options for reducing the nuclear security enterprise
(as defined by section 4002 of the Atomic Energy Defense Act
(50 U.S.C. 2501)).
(B) Options for reductions in service contracts.
(C) Options for rebalancing force structure, including
reductions in special operations forces, the ancillary
effects of such options, and the impacts of changing the
force mix between active and reserve components.
(D) Options for reducing or realigning overseas military
presence.
(E) Options for the use of pre-award audits to negotiate
better prices for weapon systems and services.
(F) Options for replacing some military personnel with
civilian employees.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex with respect to the matters specified in subparagraphs
(A) and (C) of such paragraph.
(b) FFRDC Studies.--
(1) Requirement.--The Secretary of Defense shall seek to
enter into agreements with federally funded research and
development centers to conduct the following studies:
(A) A study of the cost savings resulting from changes in
force structure, active and
[[Page H4973]]
reserve component balance, basing, and other impacts
resulting from potential challenges to foundational planning
assumptions.
(B) A study of the cost savings resulting from the adoption
of alternatives to the current nuclear deterrence posture of
the United States.
(C) A study of the cost savings of alternatives to current
force structures.
(2) Detail required.--The Secretary shall ensure that each
study under paragraph (1) has a level of detail sufficient to
allow the Director of the Congressional Budget Office to
analyze the costs described in such studies.
(3) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees each study under paragraph (1).
(4) Form.--The studies under paragraph (1), and the report
under paragraph (3), shall be submitted in unclassified form,
but may contain a classified annex.
(c) Independent Study.--
(1) Requirement.--The Secretary shall seek to enter into an
agreement with an appropriate nonpartisan nongovernmental
entity to conduct a study on possible alternatives to the
current defense and deterrence posture of the United States,
including challenges to foundational assumptions, and the
impact of such postures on planning assumptions and
requirements, basing, and force structure requirements.
(2) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees the study under paragraph (1).
amendment no. 207 offered by ms. jayapal of washington
Page 879, insert after line 13 (and conform the table of
contents accordingly):
SEC. 1090. INDEPENDENT STUDIES REGARDING POTENTIAL COST
SAVINGS WITH RESPECT TO THE NUCLEAR SECURITY
ENTERPRISE AND FORCE STRUCTURE.
(a) Comptroller General Report.--
(1) Requirement.--Not later than December 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing cost
analyses with respect to each of the following:
(A) Options for reducing the nuclear security enterprise
(as defined by section 4002 of the Atomic Energy Defense Act
(50 U.S.C. 2501)).
(B) Options for reductions in service contracts.
(C) Options for rebalancing force structure, including
reductions in special operations forces, the ancillary
effects of such options, and the impacts of changing the
force mix between active and reserve components.
(D) Options for reducing or realigning overseas military
presence.
(E) Options for the use of pre-award audits to negotiate
better prices for weapon systems and services.
(F) Options for replacing some military personnel with
civilian employees.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex with respect to the matters specified in subparagraphs
(A) and (C) of such paragraph.
(b) FFRDC Studies.--
(1) Requirement.--The Secretary of Defense shall seek to
enter into agreements with federally funded research and
development centers to conduct the following studies:
(A) A study of the cost savings resulting from changes in
force structure, active and reserve component balance,
basing, and other impacts resulting from potential challenges
to foundational planning assumptions.
(B) A study of the cost savings resulting from the adoption
of alternatives to the current nuclear deterrence posture of
the United States.
(C) A study of the cost savings of alternatives to current
force structures.
(2) Detail required.--The Secretary shall ensure that each
study under paragraph (1) has a level of detail sufficient to
allow the Director of the Congressional Budget Office to
analyze the costs described in such studies.
(3) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees each study under paragraph (1).
(4) Form.--The studies under paragraph (1), and the report
under paragraph (3), shall be submitted in unclassified form,
but may contain a classified annex.
(c) Independent Study.--
(1) Requirement.--The Secretary shall seek to enter into an
agreement with an appropriate nonpartisan nongovernmental
entity to conduct a study on possible alternatives to the
current defense and deterrence posture of the United States,
including challenges to foundational assumptions, and the
impact of such postures on planning assumptions and
requirements, basing, and force structure requirements.
(2) Submission.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense
committees the study under paragraph (1).
amendment no. 208 offered by mr. jones of new york
At the end of subtitle B of title III, insert the
following:
SEC. 3__. DEPARTMENT OF DEFENSE PLAN TO MEET SCIENCE-BASED
EMISSIONS TARGETS.
(a) Plan Required.--Not later than September 30, 2022, the
Secretary of Defense shall submit to Congress a plan to
reduce the greenhouse gas emissions of the Department of
Defense, including Department of Defense functions that are
performed by contractors, in line with science-based
emissions targets.
(b) Updates.--The Secretary shall submit to Congress annual
reports on the progress of the Department of Defense toward
meeting the science-based emissions targets in the plan
required by subsection (a).
(c) Science-based Emissions Target.--In this section, the
term ``science-based emissions target'' means a reduction in
greenhouse gas emissions consistent with preventing an
increase in global average temperature of greater than or
equal to 1.5 degrees Celsius compared to pre-industrial
levels.
amendment no. 209 offered by mr. joyce of ohio
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON TALIBAN'S ILLEGAL DRUG TRADE.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State and Secretary of Homeland Security, shall
submit to Congress a report that includes--
(1) a plan to combat the Taliban's illegal drug trade; and
(2) a description of the risk to the United States of drugs
emanating from such drug trade, including risks posed by the
profits of such drugs; and
(3) a description of any actions taken to interdict and
prevent such drugs from reaching the United States.
amendment no. 210 offered by mr. joyce of pennsylvania
At the end of title LX, add the following:
SEC. 6013. NATIONAL BIODEFENSE SCIENCE AND TECHNOLOGY
STRATEGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services, in coordination with the Secretary of Agriculture,
the Secretary of Defense, and the Secretary of Homeland
Security, shall develop an annex to the National Biodefense
Strategy under section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6. U.S.C. 104) for a
national biodefense science and technology strategy and
implementation plan.
(b) Requirements.--The annex required by subsection (a)
shall--
(1) include a mission, goals, and objectives for public and
private sector development, procurement, acquisition, and
deployment of innovative technologies to address and
eliminate biological threats;
(2) be informed by an evaluation of science and technology
successes and failures in addressing the 2019 novel
coronavirus (COVID-19) pandemic;
(3) address coordination of Federal efforts;
(4) address contributions from academia, industry, and
nongovernmental organizations; and
(5) be accompanied by an implementation plan that clearly
defines Federal department and agency roles and
responsibilities, and includes timeframes for execution.
(c) Classified Appendix.--The annex required by subsection
(a) may include a classified appendix.
(d) Submission.--Upon completion of the annex required by
subsection (a), the Secretary of Health and Human Services
shall submit the annex to--
(1) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Agriculture, the
Committee on Homeland Security, the Committee on Science,
Space, and Technology, and the Committee on Appropriations of
the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate.
Amendment No. 211 offered by Mr. katko of new york
At the end of title LX, add the following:
SEC. 6013. TICK IDENTIFICATION PILOT PROGRAM.
(a) Establishment.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, may award grants to States to
implement a tick identification program.
(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to States that--
(1) have more reported cases of Lyme disease; and
(2) submit an effective plan for implementation and
maintenance of a tick identification program.
(c) Program Requirements.--Any program funded under this
section shall--
(1) allow individuals to submit electronically photo images
of ticks encountered;
(2) require images of ticks to be submitted with the likely
geographic location where the ticks were encountered, the
date on which the ticks were encountered, and the likely
physical location where the ticks were found (for example, on
a pet, on a human, or loose);
[[Page H4974]]
(3) after review by a qualified professional, respond to
the individual directly within 72 hours of the image being
received with--
(A) if possible, identification of the species and life
stage of the tick;
(B) if possible, an estimate of the risk that the tick
carried a tick-borne disease;
(C) a recommendation of the best practices for the
individual who encountered the tick, including with respect
to seeking medical evaluation and submitting the tick for
testing; and
(D) additional education on best methods to avoid ticks and
prevent contagion of tick-borne illnesses; and
(4) maintain a database of reported tick incidents,
including--
(A) the date, geographic location, and environment of the
encounter;
(B) any identifying information about the tick that was
determined; and
(C) best practices that were disseminated to each reporting
individual.
(d) Application.--To seek a grant under this section, a
State shall submit an application at such time, in such form,
and containing such information as the Secretary may
prescribe.
(e) Data Collection; Report.--
(1) Data collection.--The Secretary shall collect, with
respect to each State program funded under this section and
each fiscal year, the following data:
(A) The number of tick incidents reported.
(B) For each incident reported--
(i) the date, geographic location, and environment of the
encounter;
(ii) any identifying information about the tick that was
determined; and
(iii) best practices that were disseminated to each
reporting individual.
(2) Report.--Not later than 90 days after the first day of
each of fiscal years 2022 through 2025, the Secretary shall
prepare and submit to the Congress a report on the data
collected under paragraph (1).
(f) Definition.--In this Act:
(1) The term ``qualified professional'' means a biologist
with a background in vector biology.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Director of the
Centers for Disease Control and Prevention.
Amendment No. 212 offered by Mr. katko of new york
Add at the end the following:
SEC. 60__. PREVENTING SEXUAL HARASSMENT IN PUBLIC HOUSING.
(a) Short Title.--This section may be cited as the
``Preventing Sexual Harassment in Public Housing Act of
2021''.
(b) Requirement to Annually Report Complaints of Sexual
Harassment.--
(1) Annual report.--Section 808(e)(2) of the Fair Housing
Act (42 U.S.C. 3608(e)(2)) is amended--
(A) in subparagraph (A) by striking ``and'' at the end;
(B) in subparagraph (B)(iii) by striking the semicolon and
inserting ``; and''; and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) containing tabulations of the number of instances in
the preceding year in which complaints of discriminatory
housing practices were filed with the Department of Housing
and Urban Development or a fair housing assistance program,
including identification of whether each complaint was filed
with respect to discrimination based on race, color,
religion, national origin, sex, handicap, or familial
status.''.
(2) Sexual harassment.--Section 808 of the Fair Housing Act
(42 U.S.C. 3608) is amended by adding at the end the
following new subsection:
``(g) In carrying out the reporting obligations under this
section, the Secretary shall--
``(1) consider a complaint filed with respect to
discrimination based on sex to include any complaint filed
with respect to sexual harassment; and
``(2) in reporting the instances of a complaint filed with
respect to discrimination based on sex under subsection
(e)(2)(C), include a disaggregated tabulation of the total
number of such complaints filed with respect to sexual
harassment.''.
(3) Initiative to combat sexual harassment in housing.--
Title IX of the Fair Housing Act (42 U.S.C. 3631) is amended
by adding at the end the following new section:
``SEC. 902. INITIATIVE TO COMBAT SEXUAL HARASSMENT IN
HOUSING.
``The Attorney General shall establish an initiative to
investigate and prosecute an allegation of a violation under
this Act with respect to sexual harassment.''.
Amendment No. 213 offered by Mr. katko of new york
Add at the end of title LX the following:
SEC. __. STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES
FOR IMMIGRANTS AND REFUGEES WITH PROFESSIONAL
CREDENTIALS OBTAINED IN FOREIGN COUNTRIES.
(a) Study Required.--
(1) In general.--The Secretary of Labor shall conduct a
study on the factors affecting employment opportunities in
the United States for applicable immigrants and refugees with
professional credentials obtained in countries other than the
United States.
(2) Coordination.--The Department of Labor shall conduct
this study in coordination with the Secretary of State, the
Secretary of Education, the Secretary of Health and Human
Services, the Secretary of Commerce, the Secretary of
Homeland Security, the Administrator of the Internal Revenue
Service, and the Commissioner of the Social Security
Administration.
(3) Work with other entities.--The Secretary of Labor shall
seek to work with relevant non-profit organizations and State
agencies to use the existing data and resources of such
entities to conduct the study in paragraph (1).
(4) Limitations on disclosure.--Any information provided to
the Secretary of Labor under this subsection shall be used
only for the purposes of, and to the extent necessary to
ensure the efficient operation of, the study described in
paragraph (1). No such information shall be disclosed to any
other person or entity except as provided in this subsection.
(b) Inclusions.--The study under subsection (a)(1) shall
include the following:
(1) An analysis of the employment history of applicable
immigrants and refugees admitted to the United States in the
last 5 years. This analysis shall include, to the extent
practicable, a comparison of the employment applicable
immigrants and refugees held prior to immigrating to the
United States with the employment obtained in the United
States, if any, since the arrival of such applicable
immigrants and refugees. This analysis shall also note the
occupational and professional credentials and academic
degrees held by applicable immigrants and refugees prior to
immigrating to the United States.
(2) An assessment of any barriers that prevent applicable
immigrants and refugees from using occupational experience
obtained outside the United States to obtain employment
opportunities in the United States.
(3) An analysis of existing public and private resources
assisting applicable immigrants and refugees who have
professional experience and qualifications obtained outside
the United States with using such professional experience and
qualifications to obtain skill-appropriate employment
opportunities in the United States.
(4) Policy recommendations for better enabling applicable
immigrants and refugees who have professional experience and
qualifications obtained outside the United States to use such
professional experience and qualifications to obtain skill-
appropriate employment opportunities in the United States.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to
Congress and make publically available on the website of the
Department of Labor a report that describes the results of
the study conducted under subsection (a)(1).
(d) Definitions.--
(1) Applicable immigrants and refugees.--For the purposes
of this section, the term ``applicable immigrants and
refugees''--
(A) means individuals who are--
(i) not citizens or nationals of the United States but who
are lawfully present and authorized to be employed; or
(ii) naturalized citizens born outside of the United States
and its outlying possessions; and
(B) includes individuals described in section 602(b)(2) of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note).
(2) Other terms.--Except as otherwise defined in this
subsection, terms used in this section have the definitions
given such terms under section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)).
Amendment No. 214 offered by Mr. keating of massachusetts
Page 968, after line 11, insert the following::
(d) Department Personnel, Education, and Training.--The
Secretary of Defense shall carry out activities consistent
with the Women, Peace, and Security Act of 2017 and this
section, including by--
(1) hiring and training of full-time equivalent personnel
as gender advisors of the Department;
(2) building on the implementation of the requirements of
section 1210E of the National Defense Authorization Act for
Fiscal Year 2021 (10 U.S.C. 113 note) by establishing roles,
responsibilities, and requirements for personnel to advance
implementation of the Women, Peace, and Security Act of 2017,
which efforts should include attention to commander and
senior official-level engagement and support for women,
peace, and security commitments;
(3) integrating gender analysis, the meaningful
participation of women, and their relationship to security
outcomes into relevant training for all members of the Armed
Forces and civilian employees of the Department of Defense,
including special emphasis on senior level training and
support for women, peace, and security;
(4) developing standardized training across the Department
for gender advisors, gender focal points, and women, peace,
and security subject matter experts;
(5) ensuring that gender analysis and the meaningful
participation of women and their relationship to security
outcomes is addressed in professional military education
curriculum; and
(6) building the capacity of the Department to conduct the
partner country assessments described in section 1210E(b)(2)
of the National Defense Authorization Act for Fiscal Year
2021.
(e) Pilot Program.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of Defense--
[[Page H4975]]
(A) shall direct and carry out a pilot program to conduct
partner country assessments in each country selected in
accordance with paragraph (2) with respect to the barriers
facing the participation of women in the national security
forces of participating partner countries (in this subsection
referred to as a ``pilot barrier assessment'');
(B) should seek to enter into contracts with nonprofit
organizations or federally funded research and development
centers independent of the Department of State and Department
of Defense for the purpose of conducting the pilot barrier
assessments; and
(C) shall, after a pilot barrier assessment is conducted--
(i) review the methods of research and analysis used by any
entity contracted with pursuant to subparagraph (B) in
conducting such assessment and identify lessons learned from
the review; and
(ii) assess the ability of the Department of State and
Department of Defense to conduct future pilot barrier
assessments without entering into a contract described
subparagraph (B), including by assessing potential costs and
benefits for the Department that may arise from conducting
such future assessments without such contracts.
(2) Selection of countries.--The Secretary of State, in
consultation with the Secretary of Defense, commanders of the
combatant commands, and relevant United States ambassadors,
shall select one partner country from within the geographic
area of responsibility of each geographic combatant command
for participation in the pilot program, taking into
consideration in each instance--
(A) the demonstrated political commitment of a partner
country to increasing the participation of women in the
security sector; and
(B) the national security priorities and theater campaign
strategies of the United States.
(3) Pilot barrier assessment.--A pilot barrier assessment
pursuant to this subsection shall be--
(A) adapted to the local context of the partner country
being assessed;
(B) conducted in collaboration with the security sector of
the partner country being assessed; and
(C) based on existing and tested methodologies.
(4) Findings.--
(A) In general.--The Secretary of State, in consultation
with the Secretary of Defense, shall use findings from each
pilot barrier assessment to inform effective security
cooperation activities and security sector assistance
interventions by the United States in the partner country
assessed. Such activities and interventions should
substantially increase opportunities for the recruitment,
employment, development, retention, deployment, and promotion
of women in the national security forces of such partner
country (including for deployments to peace operations and
for participation in counterterrorism operations and
activities).
(B) Model methodology.--The Secretary of State, in
coordination with the Secretary of Defense, shall develop a
model barrier assessment methodology from the findings of the
pilot program for use across the geographic combatant
commands.
(5) Reports on pilot program.--
(A) Initial report.--Not later than 2 years after the date
of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate committees of Congress an initial report on
the implementation of the pilot program under this
subsection, including an identification of the partner
counties selected for participation in the program and the
justifications for such selections.
(B) Update to report.--Not later than 2 years after the
date on which the initial report under subparagraph (A) is
submitted, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate
committees of Congress an update to the initial report.
(C) Report on methodology.--On the date on which the
Secretary of State determines the pilot program to be
complete, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate
committees of Congress a report on the model barrier
assessment methodology developed pursuant to paragraph
(4)(B).
(D) Appropriate committees of congress defined.--For
purposes of this paragraph, the term ``appropriate committees
of Congress'' means--
(i) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(ii) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Amendment No. 215 offered by Mr. keller of pennsylvania
At the end of subtitle E of title VIII of division A of the
bill, add the following:
SEC. ___. DOMESTICALLY SOURCED ALTERNATIVES.
The Secretary of Defense should acquire domestically
sourced alternatives to existing defense products for the
design, development, and production of priority Department of
Defense projects to include further developing high
efficiency power conversion technology and manufacturing
advanced AC-DC power converters that improve performance for
the dismounted soldier.
Amendment No. 216 offered by Mr. keller of pennsylvania
At the end of subtitle E of title VIII of division A of the
bill, add the following:
SEC. ___. REPORT ON DUPLICATIVE INFORMATION TECHNOLOGY
CONTRACTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on efforts within the Department of Defense to reduce
duplicative information technology contracts.
Amendment No. 217 offered by Ms. kelly of illinois
At the end of subtitle G of title V, insert the following:
SEC. 569F. PILOT TRANSITION ASSISTANCE PROGRAM FOR MILITARY
SPOUSES.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a pilot transition assistance program for covered
individuals (in this section referred to as the ``pilot
program'').
(b) Services.--The Secretary of Defense shall provide to a
covered individual, who elects to participate in the pilot
program, services similar to those available under TAP to
members of the Armed Forces, including the following:
(1) Assessments of prior education, work history, and
employment aspirations of covered individuals, to tailor
appropriate employment services.
(2) Preparation for employment through services like mock
interviews and salary negotiations, training on professional
networking platforms, and company research.
(3) Job placement services.
(4) Services offering guidance on available health care
resources, mental health resources, and financial assistance
resources.
(5) Training in mental health first aid to learn how to
assist someone experiencing a mental health or substance use-
related crisis.
(c) Locations.--The Secretary shall carry out the pilot
program at 12 military installations located in the United
States.
(d) Duration.--The pilot program shall terminate five years
after enactment.
(e) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the and House of
Representatives a report that includes--
(1) a description of the pilot program, including a
description of specific activities carried out under this
section; and
(2) the metrics and evaluations used to assess the
effectiveness of the pilot program.
(f) Definitions.--In this section:
(1) The term ``covered individual'' means a spouse of a
member of the Armed Forces eligible for TAP.
(2) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
(3) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United
States Code.
Amendment No. 218 offered by Ms. kelly of illinois
At the end of subtitle A of title XVI, insert the
following:
SEC. 16__. NATIONAL SPACE COUNCIL BRIEFING ON THREATS TO
UNITED STATES SPACE SYSTEMS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the National Space Council, the Secretary of
Commerce, the Secretary of Transportation, and the
Administrator of the National Aeronautics and Space
Administration a briefing at the highest level of
classification on the current assessment of the Department of
Defense, as of the date of the briefing, regarding safety
threats posed to United States civilian and commercial space
systems in space by adversarial foreign governments and other
foreign governments, with a particular emphasis on threats
posed by China's activities in space and debris arising from
any ongoing or future work by China on anti-satellite weapons
technology.
(b) Congressional Briefing.--Not later than 15 days after
the date on which the Secretary of Defense provides the
briefing under subsection (a), the Secretary shall provide
such briefing to--
(1) the Committees on Armed Services, Energy and Commerce,
Transportation and Infrastructure, and Science, Space, and
Technology of the House of Representatives; and
(2) the Committees on Armed Services and Commerce, Science,
and Transportation of the Senate.
Amendment No. 219 offered by Mr. kelly of mississippi
At the appropriate place in title LX, add the following new
section:
SEC. 8___. SEMICONDUCTOR PRODUCTION INCENTIVE EXPANSION.
(a) Additional Covered Entities.--Section 9901(2) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended by
striking ``relating to fabrication'' and all that follows and
inserting the following: ``relating to--
``(1) fabrication, assembly, testing, advanced packaging,
or research and development of semiconductors; or
``(2) manufacturing, production, or research and
development of semiconductor manufacturing equipment and
materials.''.
(b) Program Scope Expansion.--Section 9902(a)(1) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is
[[Page H4976]]
amended by striking ``the United States for'' and all that
follows and inserting the following: ``the United States
for--
``(1) semiconductor fabrication, assembly, testing,
advanced packaging, or research and development; and
``(2) the manufacturing, production, or research and
development of semiconductor manufacturing equipment and
materials.''.
Amendment No. 220 offered by Mr. kelly of mississippi
At the end of subtitle C of title VIII, add the following
new section:
SEC. 8__. STATEMENT OF POLICY AND DETERMINATION RELATED TO
COVERED OPTICAL TRANSMISSION EQUIPMENT OR
SERVICES.
(a) Statement of Policy.--It is the policy of the United
States that covered optical transmission equipment or
services is a critical component of the United States
information and communications technology supply chain, and
the Department of Defense should procure covered optical
transmission equipment or services from trusted manufacturers
and suppliers for use in communications networks.
(b) Determination Related to Covered Optical Transmission
Equipment or Services.--
(1) Proceeding.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of Defense shall
commence a process to make a determination whether a proposed
procurement of covered optical transmission equipment or
services that is manufactured, produced, or distributed by an
entity owned, controlled, or supported by the People's
Republic of China poses an unacceptable risk to the national
security of the United States.
(2) Communication of determination.--If the Secretary
determines pursuant to paragraph (1) that a proposed
procurement of covered optical transmission equipment or
services poses an unacceptable risk, the Secretary shall
immediately publish that determination in the Federal
Register and submit that determination to the relevant
Federal agencies, including the Department of Commerce and
the Federal Communications Commission.
(c) Commercial Networks.--
(1) Study required.--If the Secretary of Defense makes a
determination under subsection (b) that a proposed
procurement of covered optical transmission equipment or
services poses an unacceptable risk to the national security
of the United States, the Federal Communications Commission
shall--
(A) within 90 days after receipt of such determination,
complete a study to determine the extent to which such
covered optical transmission equipment or services is present
in commercial communications networks in the United States;
and
(B) submit to Congress a report on the study conducted
under subparagraph (A).
(2) Covered communications equipment or services list.--If
the requirements for placement on the covered communications
equipment or services list under section 2 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C. 1601)
are met, the Federal Communications Commission shall place
such covered optical transmission equipment or services on
such list, but the prohibition in section 3(a)(1)(B) of such
Act (47 U.S.C. 1602(a)(1)(B)) shall not take effect until the
date that is 1 year after the Commission places such covered
optical transmission equipment or services on such list.
(3) Reimbursement.--Any covered optical transmission
equipment or services placed on the covered communications
equipment or services list described in paragraph (2) shall
not be eligible for reimbursement under the Secure and
Trusted Communications Networks Reimbursement Program
established under section 4 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1603) until
the date that is 1 year after the Commission places such
covered optical transmission equipment or services on such
list.
(d) Covered Optical Transmission Equipment or Services
Defined.--In this section, the term ``covered optical
transmission equipment or services'' means--
(1) optical transmission equipment, including optical fiber
and cable, that is capable of routing or redirecting user
data traffic or permitting visibility into any user data or
packets that such equipment transmits or handles; or
(2) services that use such equipment.
Amendment No. 221 offered by Mr. kelly of mississippi
After section 623, insert the following as a new section
624 and redesignate subsequent sections accordingly:
SEC. 624. SPACE-AVAILABLE TRAVEL FOR CHILDREN, SURVIVING
SPOUSES, PARENTS, AND SIBLINGS OF MEMBERS OF
THE ARMED FORCES WHO DIE WHILE SERVING IN THE
ACTIVE MILITARY, NAVAL, OR AIR SERVICE.
(a) Expansion of Eligibility.--Section 2641b(c) of title
10, United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Children, surviving spouses, parents, and siblings of
members of the armed forces who die while serving in the
active military, naval, or air service (as that term is
defined in section 101 of title 38).''.
(b) Related Instruction.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall revise Department of Defense Instruction 4515.13 to
ensure that individuals eligible for space-available travel
on aircraft of the Department under paragraph (6) of such
section, as amended by subsection (a), are placed in a
category of travellers not lower than category V.
Amendment No. 222 offered by Mr. kelly of mississippi
At the appropriate place in title LX, add the following new
section:
SEC. 8___. SEMICONDUCTOR PRODUCTION INCENTIVE EXPANSION.
Section 9902(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended by striking ``the United
States for'' and all that follows and inserting the
following: ``the United States for--
``(1) semiconductor fabrication, assembly, testing,
advanced packaging, or research and development; and
``(2) the manufacturing, production, or research and
development of semiconductor manufacturing equipment and
materials.''.
amendment no. 223 offered by mr. kelly of mississippi
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON USE OF CERTAIN FUNDING FOR COUNTER-
NARCOTICS MISSIONS IN CENTRAL ASIA.
Not later than March 1, 2022, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the use
of funding made available pursuant to section 333 of title
10, United States Code, for counter-narcotics missions in
Central Asia. The report shall include--
(1) the amount of funding made available pursuant to
section 333 of title 10, United States Code, that has been
used for counter-narcotics missions in Central Asia,
specifically to counter illicit trafficking operations
emanating from Afghanistan and Central Asia, during the five-
year period preceding the date of the enactment of this Act;
(2) the amount of funding made available pursuant to other
sources, including section 284 of title 10, United States
Code, that has been used to counter illicit trafficking
operations emanating from Afghanistan and Central Asia during
the five-year period preceding the date of the enactment of
this Act; and
(3) an assessment of whether funding made available
pursuant to section 333 of title 10, United States Code, can
be used to maintain, repair, and upgrade equipment previously
supplied by the United States to foreign law enforcement
agencies for counter-narcotics purposes on borders and at
international ports.
amendment no. 224 offered by mr. khanna of california
At the appropriate place in subtitle B of title XIII,
insert the following:
SEC. 13__. EXTENSION AND MODIFICATION OF AUTHORITY FOR
CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Extension.--Subsection (a) of section 1213 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2731 note) is amended by
striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Modification to Conditions on Payment.--Subsection
(b)(1) of such section 1213 is amended to read as follows:
``(1) the prospective foreign civilian recipient is not
otherwise ineligible for payment under any other provision of
law;''.
(c) Modifications to Quarterly Report Requirement.--
Subsection (g) of such section 1213 is amended by adding at
the end the following:
``(3) The status of Department of Defense efforts to
establish the claims procedures required under subsection
(d)(1) and to otherwise implement this section.''.
(d) Modification to Procedure to Submit Claims.--Such
section 1213 is further amended--
(1) by redesignating subsections (d) through (g), as
amended, as subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Procedures to Review Allegations.--
``(1) Procedures required.--Not later than 180 days after
the date of enactment of this subsection, the Secretary of
Defense shall establish procedures to receive, evaluate, and
respond to allegations of civilian harm resulting from
military operations involving the United States Armed Forces,
a coalition that includes the United States, or a military
organization supporting the United States. Such responses may
include--
``(A) a formal acknowledgement of such harm;
``(B) a nonmonetary expression of condolence; or
``(C) an ex gratia payment.
``(2) Consultation.--In establishing the procedures under
paragraph (1), the Secretary of Defense shall consult with
the Secretary of State and with nongovernmental organizations
that focus on addressing civilian harm in conflict.
``(3) Policy updates.--Not later than one year after the
date of the enactment of this subsection, the Secretary of
Defense shall ensure that procedures established under
paragraph (1) are formalized through updates to the policy
referred to in section 936 of the
[[Page H4977]]
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 134 note).''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to require
the Secretary of Defense to pause, suspend, or otherwise
alter the provision of ex gratia payments in accordance with
section 1213 of the National Defense Authorization Act for
Fiscal Year 2020, as amended, in the course of developing the
procedures required by subsection (d) of such section (as
added by subsection (d) of this section).
amendment no. 225 offered by mr. kilmer of washington
At the end of title XI, add the following:
SEC. 11__. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR
DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING
WORK OVERSEAS ON NAVAL VESSELS.
Section 5542(a)(6)(A) of title 5, United States Code, is
amended--
(1) by inserting ``outside the United States'' after
``temporary duty'';
(2) by striking ``the nuclear aircraft carrier that is
forward deployed in Japan'' and inserting ``naval vessels'';
and
(3) by inserting ``of 1938'' after ``Fair Labor Standards
Act''.
amendment no. 226 offered by mr. kilmer of washington
At the end of title XI, add the following:
SEC. 11__. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM
SUSPENSION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Personnel Management shall conduct an assessment of the
impacts resulting from the Navy's suspension in 2016 of the
Accelerated Promotion Program (in this section referred to as
the ``APP''). The Director may consult with the Secretary of
the Navy in carrying out such assessment, but the Navy may
not play any other role in such assessment.
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the employees who were hired at
the four public shipyards between January 23, 2016, and
December 22, 2016, covering the period in which APP was
suspended, and who would have otherwise been eligible for APP
had the program been in effect at the time they were hired.
(2) An assessment for each employee identified in paragraph
(1) to determine the difference between wages earned from the
date of hire to the date on which the wage data would be
collected and the wages which would have been earned during
this same period should that employee have participated in
APP from the date of hire and been promoted according to the
average promotion timeframe for participants hired in the
five-year period prior to the suspension.
(3) An assessment for each employee identified in paragraph
(1) to determine at what grade and step each effected
employee would be at on October 1, 2020, had that employee
been promoted according to the average promotion timeframe
for participants hired in the five-year period prior to the
suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take
measures using those authorities to provide the pay
difference and corresponding interest, at a rate of the
federal short-term interest rate plus 3 percent, to each
effected employee identified in paragraph (2) and directly
promote the employee to the grade and step identified in
paragraph (3).
(c) Report.--The Director shall submit, to the
congressional defense committees, the Committee on Oversight
and Reform of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the Senate,
a report on the results of the evaluation by not later than
270 days after the date of enactment of this Act, and shall
provide interim briefings upon request.
amendment no. 227 offered by mr. kinzinger of illinois
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF RC-26B AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Air
Force may be obligated or expended to retire, divest,
realign, or place in storage or on backup aircraft inventory
status, or to prepare to retire, divest, realign, or place in
storage or on backup aircraft inventory status, any RC-26B
aircraft.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-26B aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishaps or other damage.
(c) Funding for RC-26B Manned Intelligence, Surveillance,
and Reconnaissance Platform.--
(1) Operation and maintenance.--Of the funds authorized to
be appropriated in section 301 for operation and maintenance,
as specified in the corresponding funding table in section
4301, for operation and maintenance, Air National Guard, the
Secretary of the Air Force may transfer up to $18,500,000 to
be used in support of the RC-26B manned intelligence,
surveillance, and reconnaissance platform.
(2) Military personnel.--Of the funds authorized to be
appropriated in section 401 for military personnel, as
specified in the corresponding funding table in section 4401,
the Secretary of the Air Force may transfer up to $13,000,000
from military personnel, Air National Guard to be used in
support of personnel who operate and maintain the RC-26B
manned intelligence, surveillance, and reconnaissance
platform.
(d) Memoranda of Agreement.--Notwithstanding any other
provision of law, the Secretary of Defense may enter into one
or more memoranda of agreement or cost-sharing agreements
with other departments and agencies of the Federal Government
under which the RC-26B aircraft may be used to assist with
the missions and activities of such departments and agencies.
amendment no. 228 offered by mrs. kirkpatrick of arizona
Page 795, after line 16, insert the following new
paragraph:
(3) Additional report from secretary of the air force.--Not
later than 45 days after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report on the progress
made toward the A-10 re-wing contracts and the progress made
in re-winging those A-10 aircraft that have not received new
wings. The report shall address the following:
(A) The status of contracts awarded, procured wing kits,
and completed installations.
(B) A list of locations scheduled to receive the procured
re-wing kits.
(C) A spend plan for procurement funding that was
appropriated in fiscal year 2021 and subsequent fiscal years
for A-10 re-wing kits.
amendment no. 229 offered by mr. krishnamoorthi of illinois
Add at the end of title LX the following new section:
SEC. 60__. AUTHORITY FOR SECRETARY OF HEALTH AND HUMAN
SERVICES TO ACCEPT UNUSED COVID-19 VACCINES FOR
POTENTIAL REDISTRIBUTION.
The Secretary of Health and Human Services may accept, as
the Secretary determines appropriate and practicable, the
return of an unused COVID-19 vaccine from a Federal agency,
State, or other entity, for potential redistribution,
including distribution to a foreign ally or partner.
amendment no. 230 offered by mr. lamb of pennsylvania
Add at the end of title LX the following:
SEC. __. PILOT PROGRAM TO EMPLOY VETERANS IN POSITIONS
RELATING TO CONSERVATION AND RESOURCE
MANAGEMENT ACTIVITIES.
(a) Establishment.--The Secretary of Veterans Affairs and
the Secretaries concerned shall jointly establish a pilot
program under which veterans are employed by the Federal
Government in positions that relate to the conservation and
resource management activities of the Department of the
Interior and the Department of Agriculture.
(b) Administration.--The Secretary of Veterans Affairs
shall administer the pilot program under subsection (a).
(c) Positions.--The Secretaries concerned shall--
(1) identify vacant positions in the respective Departments
of the Secretaries that are appropriate to fill using the
pilot program under subsection (a); and
(2) to the extent practicable, fill such positions using
the pilot program.
(d) Application of Civil Service Laws.--A veteran employed
under the pilot program under subsection (a) shall be treated
as an employee as defined by section 2105 of title 5, United
States Code.
(e) Best Practices for Other Departments.--The Secretary of
Veterans Affairs shall establish guidelines containing best
practices for departments and agencies of the Federal
Government that carry out programs to employ veterans who are
transitioning from service in the Armed Forces. Such
guidelines shall include--
(1) lessons learned under the Warrior Training Advancement
Course of the Department of Veterans Affairs; and
(2) methods to realize cost savings based on such lessons
learned.
(f) Partnership.--The Secretary of Veterans Affairs, the
Secretaries concerned, and the Secretary of Defense may enter
into a partnership to include the pilot program under
subsection (a) as part of the Skillbridge program under
section 1143 of title 10, United States Code.
(g) Reports.--
(1) Initial report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs and the Secretaries concerned shall jointly submit to
the appropriate congressional committees a report on the
pilot program under subsection (a), including--
(A) a description of how the pilot program will be carried
out in a manner to reduce the unemployment of veterans; and
(B) any recommendations for legislative actions to improve
the pilot program.
(2) Implementation.--Not later than one year after the date
on which the pilot program under subsection (a) commences,
the Secretary of Veterans Affairs and the Secretaries
concerned shall jointly submit to the appropriate
congressional committees a report on the implementation of
the pilot program.
(3) Final report.--Not later than 30 days after the date on
which the pilot program under subsection (a) is completed,
the Secretary of Veterans Affairs and the Secretaries
concerned shall jointly submit to the
[[Page H4978]]
appropriate congressional committees a report on the pilot
program that includes the following:
(A) The number of veterans who applied to participate in
the pilot program.
(B) The number of such veterans employed under the pilot
program.
(C) The number of veterans identified in subparagraph (B)
who transitioned to full-time positions with the Federal
Government after participating in the pilot program.
(D) Any other information the Secretaries determine
appropriate with respect to measuring the effectiveness of
the pilot program.
(h) Duration.--The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is two
years after the date on which the pilot program commences.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Veterans' Affairs, the Committee on
Agriculture, and the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Veterans' Affairs, the Committee on
Agriculture, Nutrition, and Forestry, and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture with respect to matters
regarding the National Forest System and the Department of
Agriculture; and
(B) the Secretary of the Interior with respect to matters
regarding the National Park System and the Department of the
Interior.
amendment no. 231 offered by mr. lamb of pennsylvania
At the end of title LX, insert the following:
SEC. 6013. USE OF VETERANS WITH MEDICAL OCCUPATIONS IN
RESPONSE TO NATIONAL EMERGENCIES.
(a) Update of Web Portal to Identify Veterans Who Had
Medical Occupations as Members of the Armed Forces.--
(1) In general.--The Secretary shall update existing web
portals of the Department to allow the identification of
veterans who had a medical occupation as a member of the
Armed Forces.
(2) Information in portal.--
(A) In general.--An update to a portal under paragraph (1)
shall allow a veteran to elect to provide the following
information:
(i) Contact information for the veteran.
(ii) A history of the medical experience and trained
competencies of the veteran.
(B) Inclusions in history.--To the extent practicable,
histories provided under subparagraph (A)(ii) shall include
individual critical task lists specific to military
occupational specialties that align with existing standard
occupational codes maintained by the Bureau of Labor
Statistics.
(b) Program on Provision to States of Information on
Veterans With Medical Skills Obtained During Service in the
Armed Forces.--For purposes of facilitating civilian medical
credentialing and hiring opportunities for veterans seeking
to respond to a national emergency, including a public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d), the Secretary, in coordination with the
Secretary of Defense and the Secretary of Labor, shall
establish a program to share information specified in section
3(b) with the following:
(1) State departments of veterans affairs.
(2) Veterans service organizations.
(3) State credentialing bodies.
(4) State homes.
(5) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary.
(c) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary shall implement a program
to train covered veterans to work as intermediate care
technicians of the Department.
(2) Locations.--The Secretary may place an intermediate
care technician trained under the program under paragraph (1)
at any medical center of the Department, giving priority to a
location with a significant staffing shortage.
(3) Inclusion of information in transition assistance
program.--As part of the Transition Assistance Program under
sections 1142 and 1144 of title 10, United States Code, the
Secretary shall prepare a communications campaign to convey
opportunities for training, certification, and employment
under the program under paragraph (1) to appropriate members
of the Armed Forces separating from active duty.
(4) Report on expansion of program.--Not later than 180
days after the date of the enactment of this Act, the
Secretary shall submit to Congress a report on whether the
program under this section could be replicated for other
medical positions within the Department.
(5) Covered veteran defined.--In this subsection, the term
``covered veteran'' means a veteran whom the Secretary
determines served as a basic health care technician while
serving in the Armed Forces.
(d) Notification of Opportunities for Veterans.--The
Secretary shall notify veterans service organizations and, in
coordination with the Secretary of Defense, members of the
reserve components of the Armed Forces of opportunities for
veterans under this section.
(e) Definitions.--In this section:
(1) Department; secretary; veteran.--The terms
``Department'', ``Secretary'', ``State home'', and
``veteran'' have the meanings given those terms in section
101 of title 38, United States Code.
(2) Veterans service organization.--The term ``veterans
service organization'' means an organization that provides
services to veterans, including organizations recognized by
the Secretary of Veterans Affairs under section 5902 of title
38, United States Code.
amendment no. 232 offered by mr lamborn of colorado
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1648. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE
AGENCY.
Not later than 60 days after the date of the enactment of
this Act, the Director of the Missile Defense Agency shall
submit to the congressional defense committees a report
detailing the following:
(1) The responsibilities of the positions of the Director,
Sea-based Weapons Systems, and the Deputy Director of the
Missile Defense Agency.
(2) The role of the officials who occupy these positions
with respect to the functional combatant commands with
missile defense requirements.
(3) The rationale and benefit of having an official in
these positions who is a general officer or flag officer
versus a civilian.
amendment no. 233 offered by mr. lamborn of colorado
Add at the end of subtitle A of title XVI the following new
section:
SEC. 16__. LEVERAGING COMMERCIAL ON-ORBIT SATELLITE
SERVICING.
(a) Findings.--Congress finds the following:
(1) National security depends on reliable access to, and
safe operations in, space. Modern society is reliant on space
operations, but most spacecraft today are designed to be
discarded at end-of-mission, leaving potential gaps in
mission continuity and contributing to risk in the space
domain.
(2) Existing and future critical Department of Defense
missions operating in space and providing multidomain support
would benefit from the application of commercial On-orbit
Servicing, Assembly, and Manufacturing (in this section
referred to as ``OSAM'') capabilities, which extend the
longevity and operability of national security space systems
through inspection, repair, refueling, and mitigation of
debris.
(3) Because the domain in which space systems operate is
increasingly congested, the risk of collisions and orbital
debris generation has increased, a risk that is exacerbated
by a lack of utilization of OSAM services. A secure, stable,
and accessible space domain is paramount to the unimpeded and
resilient operations of civil, military, intelligence, and
commercial space assets by the United States and its allies.
OSAM technologies support Department of Defense strategy by
improving the adaptability and efficiency of existing and
future military space architectures.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress strongly encourages the Secretary of Defense
to invest in developing technologies to support the
advancement of debris remediation, such as rendezvous,
proximity operations, and debris removal as an element of
OSAM;
(2) because of the importance of the space domain, the
Secretary should seek ways to collaborate with United States
industry partners and allied nations;
(3) beyond technology development, the Secretary and the
intelligence community should consider satellite servicing
and active disposal as a viable operational trade-off--in
this way, in the future, a back-up disposal plan using direct
retrieval should be a preferred and viable method for
relevant or off-nominal missions.
(c) Report.--Not later than December 3, 2021, the Secretary
of Defense, in consultation with the Director of National
Intelligence and the Administrator of the National
Aeronautics and Space Administration, shall submit to the
appropriate congressional committees a report that--
(1) identifies critical investment areas for the further
development and usage of commercial OSAM technologies and
capabilities to meet emerging and changing government space
mission needs on-orbit; and
(2) includes a plan for interagency engagement in the
standardization and adoption of commercial OSAM interfaces
for government space systems.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Science, Space, and Technology and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Commerce, Science, and Transportation
and the Select Committee on Intelligence of the Senate.
Amendment No. 234 offered by Mr. langevin of rhode island
At the end of title LX, add the following new section:
SEC. 60___. CRITICAL TECHNOLOGY SECURITY CENTERS.
(a) Critical Technology Security Centers.--Title III of the
Homeland Security
[[Page H4979]]
Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at
the end the following new section:
``SEC. 322. CRITICAL TECHNOLOGY SECURITY CENTERS.
``(a) Establishment.--Not later than 180 days after the
date of the enactment of this section, the Secretary, acting
through the Under Secretary for Science and Technology, and
in coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, shall award grants,
contracts, or cooperative agreements to covered entities for
the establishment of not fewer than four cybersecurity-
focused Critical Technology Security Centers to evaluate and
test the security of devices and technologies that underpin
national critical functions.
``(b) Initial Centers.--With respect to the critical
technology security centers referred to in subsection (a),
four of such centers shall be as follows:
``(1) The Center for Network Technology Security, to study
the security of information and communications technology
that underpins national critical functions related to
communications.
``(2) The Center for Connected Industrial Control System
Security, to study the security of connected programmable
data logic controllers, supervisory control and data
acquisition servers, and other networked industrial
equipment.
``(3) The Center for Open Source Software Security, to
study vulnerabilities in open source software used to support
national critical functions.
``(4) The Center for Federal Critical Software Security, to
study the security of software used by the Federal government
that performs functions critical to trust (such as affording
or requiring elevated system privileges or direct access to
networking and computing resources).
``(c) Additional Centers.--The Under Secretary may, in
coordination with the Director, award grants contracts, or
cooperative agreements to covered entities for the
establishment of additional critical technology security
centers to address technologies vital to national critical
functions.
``(d) Selection of Critical Technologies.--Before awarding
a grant, contract, or cooperative agreement to a covered
entity to establish a critical technology security center,
the Under Secretary shall consult with the Director, who
shall provide the Under Secretary with a list of technologies
within the remit of the center that support national critical
functions.
``(e) Responsibilities.--In studying the security of
technologies within its remit, each center shall have the
following responsibilities:
``(1) Conducting rigorous security testing to identify
vulnerabilities in such technologies.
``(2) Reporting new vulnerabilities found and the tools,
techniques, and practices used to uncover them to the
developers of such technologies in question and to the
Cybersecurity and Infrastructure Security Agency.
``(3) With respect to such technologies, developing new
capabilities for vulnerability discovery, management, and
mitigation.
``(4) Assessing the security of software essential to
national critical functions.
``(5) Supporting existing communities of interest,
including by granting funds, in remediating vulnerabilities
discovered within such technologies.
``(6) Utilizing findings to inform and support the future
work of the Cybersecurity and Infrastructure Security Agency.
``(f) Application.--To be eligible to be designed as a
critical technology security center pursuant to subsection
(a), a covered entity shall submit to the Secretary an
application at such time, in such manner, and including such
information as the Secretary may require.
``(g) Biannual Reports.--Not later than one year after the
date of the enactment of this section and every two years
thereafter, the Under Secretary shall submit to the
appropriate congressional committees a report that includes,
with respect to each critical technology security center--
``(1) a summary of the work performed by each such center;
``(2) information relating to the allocation of Federal
funds at each such center;
``(3) a description of each vulnerability identified,
including information relating to the corresponding software
weakness;
``(4) an assessment of the criticality of each
vulnerability identified pursuant to paragraph (3);
``(5) a list of critical technologies studied by each
center, including an explanation by the Under Secretary for
any deviations from the list of technologies provided by the
Director before the distribution of funding to the center;
and
``(6) a list of tools, techniques, and procedures used by
each such center.
``(h) Consultation With Relevant Agencies.--In carrying out
this section, the Under Secretary shall consult with the
heads of other Federal agencies conducting cybersecurity
research, to include the following:
``(1) The National Institute of Standards and Technology.
``(2) The National Science Foundation.
``(3) Relevant agencies within the Department of Energy.
``(4) Relevant agencies within the Department of Defense.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 2022;
``(2) $42,000,000 for fiscal year 2023;
``(3) $44,000,000 for fiscal year 2024;
``(4) $46,000,000 for fiscal year 2025; and
``(5) $49,000,000 for fiscal year 2026.
``(j) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security of the House of
Representatives; and
``(B) the Committee on Homeland Security and Governmental
Affairs of the Senate.
``(2) The term `covered entity' means a university,
federally funded research and development center, including
national laboratories, or consortia thereof.
``(3) The term `critical technology' means technology
relating to a national critical function.
``(4) The term ``open source software'' means software for
which the human-readable source code is freely available for
use, study, re-use, modification, enhancement, and
redistribution by the users of such software.''.
(b) Identification of Certain Technology.--Paragraph (1) of
section 2202(e) of the Homeland Security Act of 2002 (6
U.S.C. 603(e)) is amended by adding at the end the following
new subparagraph:
``(S) To identify the technologies within the remits of the
Critical Technology Security centers as described in section
322 that are vital to national critical functions.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 321 the
following new item:
``Sec. 322. Critical Technology Security Centers.''.
Amendment No. 235 offered by Mr. langevin of rhode island
Add at the end of title LII, add the following new section:
SEC. 52__. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE
FOR RESEARCH AND ENGINEERING ON THE JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--Section 181 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary of Defense and'' before ``the Chairman'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) increasing awareness of global technology trends,
threats, and adversary capabilities to address gaps in joint
military capabilities and validate technical feasibility of
requirements developed by the military departments;'';
(D) in subparagraph (B) of paragraph (4) (as so
redesignated), by inserting ``the Secretary of Defense and''
before ``the Chairman''; and
(E) in paragraph (5) (as so redesignated), by inserting
``the Secretary of Defense and'' before ``the Chairman'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(ii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) The Under Secretary of Defense for Research and
Engineering, who shall serve as the Chief Science Advisor to
the Council.''; and
(B) in paragraph (2), by striking ``subparagraphs (B), (C),
(D), and (E)'' and inserting ``subparagraphs (C), (D), (E),
and (F)''; and
(3) in subsection (d)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (H) as
subparagraphs (D) through (G), respectively.
(b) Recommendation on Extension.--Not later than March 1,
2023, the Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, the Under Secretary of
Defense for Research and Engineering, and the Under Secretary
of Defense for Acquisition and Sustainment, shall submit to
the congressional defense committees a recommendation
regarding whether the Under Secretary of Defense for Research
and Engineering should be designated as the co-chair of the
Joint Requirements Oversight Council. The report should
include the reasons behind the recommendation and a
description of the additional resources and staff that would
be required to support such designation. The report may also
include input from each member or advisor of the Joint
Requirements Oversight Council.
Amendment No. 236 offered by Mr. langevin of rhode island
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. EVALUATION OF DEPARTMENT OF DEFENSE CYBER
GOVERNANCE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
commission a comprehensive evaluation and review of the
Department of Defense's current cyber governance construct.
(b) Scope.--The evaluation and review commissioned pursuant
to subsection (a) shall--
(1) assess the performance of the Department of Defense in
carrying out cyberspace and cybersecurity responsibilities
relating to--
(A) conducting military cyberspace operations of offensive,
defensive, and protective natures;
[[Page H4980]]
(B) securely operating technologies associated with
information networks, industrial control systems, operational
technologies, weapon systems, and weapon platforms; and
(C) enabling, encouraging, and supporting the security of
international, industrial, and academic partners;
(2) analyze and assess the current institutional constructs
across the Office of the Secretary of Defense, Joint Staff,
military services, and combatant commands involved with and
responsible for the responsibilities specified in paragraph
(1);
(3) examine the Department's policy, legislative, and
regulatory regimes related to cyberspace and cybersecurity
matters;
(4) analyze and assess the Department's performance in and
posture for building and retaining the requisite workforce
necessary to perform the responsibilities specified in
paragraph (1);
(5) determine optimal governance structures related to the
management and advancement of the Department's cyber
workforce, including those structures defined under and
evaluated pursuant to section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
and section 1726 of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283);
(6) develop policy and legislative recommendations, as
appropriate, to delineate and deconflict the roles and
responsibilities of United States Cyber Command in defending
and protecting the Department of Defense Information Network
(DoDIN), with the responsibility of the Chief Information
Officer, the Defense Information Systems Agency, and the
military services to securely operate technologies specified
in paragraph (1)(B);
(7) develop policy and legislative recommendations to
enhance the authority of the Chief Information Officers
within the military services, specifically as such relates to
executive and budgetary control over matters related to such
services' information technology security, acquisition, and
value;
(8) develop policy and legislative recommendations, as
appropriate, for optimizing the institutional constructs
across the Office of the Secretary of Defense, Joint Staff,
military services, and combatant commands involved with and
responsible for the responsibilities specified in paragraph
(1); and
(9) make recommendations for any legislation determined
appropriate.
(c) Interim Briefings.--Not later than 90 days after the
commencement of the evaluation and review commissioned
pursuant to subsection (a) and every 45 days thereafter, the
Secretary of Defense shall brief the congressional defense
committees on interim findings of such evaluation and review.
(d) Report.--Not later than six months after the
commencement of the evaluation and review commissioned
pursuant to subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report on
such evaluation and review.
Amendment No. 237 offered by Mr. larsen of wisconsin
At the end of title XI of division A, add the following:
SEC. 11__. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL
FLEXIBILITIES FOR DOMESTIC DEFENSE INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST
FACILITIES BASE CIVILIAN PERSONNEL.
Section 1132 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114- 328; 130 Stat. 2457), as
amended by section 1107 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1630),
is further amended--
(1) in subsection (a), by striking ``through 2021'' and
inserting ``through 2026'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Data Collection Requirement.--The Secretary of
Defense shall develop and implement a plan to collect and
analyze data on the pilot program for the purposes of--
``(1) developing and sharing best practices; and
``(2) providing information to the leadership of the
Department and Congress on the implementation of the pilot
program and related policy issues.
``(g) Briefing.--Not later than 90 days after the end of
each of fiscal years 2022 through 2026, the Secretary of
Defense shall provide a briefing to the Committee on Armed
Services of the House of Representatives, the Committee on
Armed Services of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate including--
``(1) a description of the effect of this section on the
management of civilian personnel at domestic defense
industrial base facilities and Major Range and Test
Facilities Base during the most recently ended fiscal year;
and
``(2) the number of employees--
``(A) hired under such section during such fiscal year; and
``(B) expected to be hired under such section during the
fiscal year in which the briefing is provided.''.
amendment no. 238 offered by mrs. lawrence of michigan
At the end of subtitle H of title V, insert the following
new section:
SEC. 576. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE
MEMBERS OF THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices (including use of civilian industry
best practices) regarding the use of retention and exit
survey data to identify barriers and lessons learned to
improve the retention of female members of the Armed Forces
under the jurisdiction of such Secretaries.
amendment no. 239 offered by mrs. lawrence of michigan
Page 1390, after line 19, add the following:
SEC. 6013. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.
(a) Findings.--Congress finds the following:
(1) There are approximately 2,300,000 women within the
veteran population in the United States.
(2) The number of women veterans using services from the
Veterans Health Administration has increased by 28.8 percent
from 423,642 in 2014 to 545,670 in 2019.
(3) During the period of 2010 through 2015, the use of
maternity services from the Veterans Health Administration
increased by 44 percent.
(4) Although prenatal care and delivery is not provided in
facilities of the Department of Veterans Affairs, pregnant
women seek care from the Department for other conditions may
also need emergency care and require coordination of services
through the Veterans Community Care Program under section
1703 of title 38, United States Code.
(5) The number of unique women veteran patients with an
obstetric delivery paid for by the Department increased by
1,778 percent from 200 deliveries in 2000 to 3,756 deliveries
in 2015.
(6) The number of women age 35 years or older with an
obstetric delivery paid for by the Department increased 16-
fold from fiscal year 2000 to fiscal year 2015.
(7) A study in 2010 found that veterans returning from
Operation Enduring Freedom and Operation Iraqi Freedom who
experienced pregnancy were twice as likely to have a
diagnosis of depression, anxiety, posttraumatic stress
disorder, bipolar disorder, or schizophrenia as those who had
not experienced a pregnancy.
(8) The number of women veterans of reproductive age
seeking care from the Veterans Health Administration
continues to grow (more than 185,000 as of fiscal year 2015).
(b) Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to furnish doula services to
covered veterans through eligible entities by expanding the
Whole Health model of the Department of Veterans Affairs, or
successor model, to measure the impact that doula support
services have on birth and mental health outcomes of pregnant
veterans (in this section referred to as the ``pilot
program'').
(2) Consideration.--In carrying out the pilot program, the
Secretary shall consider all types of doulas, including
traditional and community-based doulas.
(3) Consultation.--In designing and implementing the pilot
program the Secretary shall consult with stakeholders,
including--
(A) organizations representing veterans, including veterans
that are disproportionately impacted by poor maternal health
outcomes;
(B) community-based health care professionals, including
doulas, and other stakeholders; and
(C) experts in promoting health equity and combating racial
bias in health care settings.
(4) Goals.--The goals of the pilot program are the
following:
(A) To improve--
(i) maternal, mental health, and infant care outcomes;
(ii) integration of doula support services into the Whole
Health model of the Department, or successor model; and
(iii) the experience of women receiving maternity care from
the Department, including by increasing the ability of a
woman to develop and follow her own birthing plan.
(B) To reengage veterans with the Department after giving
birth.
(c) Locations.--The Secretary shall carry out the pilot
program in--
(1) the three Veterans Integrated Service Networks of the
Department that have the highest percentage of female
veterans enrolled in the patient enrollment system of the
Department established and operated under section 1705(a) of
title 38, United States Code, compared to the total number of
enrolled veterans in such Network; and
(2) the three Veterans Integrated Service Networks that
have the lowest percentage of female veterans enrolled in the
patient enrollment system compared to the total number of
enrolled veterans in such Network.
(d) Open Participation.--The Secretary shall allow any
eligible entity or covered veteran interested in
participating in the pilot program to participate in the
pilot program.
(e) Services Provided.--
(1) In general.--Under the pilot program, a covered veteran
shall receive not more than 10 sessions of care from a doula
under the Whole Health model of the Department, or successor
model, under which a doula works as an advocate for the
veteran alongside the medical team for the veteran.
[[Page H4981]]
(2) Sessions.--Sessions covered under paragraph (1) shall
be as follows:
(A) Three or four sessions before labor and delivery.
(B) One session during labor and delivery.
(C) Three or four sessions after post-partum, which may be
conducted via the mobile application for VA Video Connect.
(f) Administration of Pilot Program.--
(1) In general.--The Office of Women's Health of the
Department of Veterans Affairs, or successor office, shall--
(A) coordinate services and activities under the pilot
program;
(B) oversee the administration of the pilot program; and
(C) conduct onsite assessments of medical facilities of the
Department that are participating in the pilot program.
(2) Guidelines for veteran-specific care.--The Office shall
establish guidelines under the pilot program for training
doulas on military sexual trauma and post traumatic stress
disorder.
(3) Amounts for care.--The Office may recommend to the
Secretary appropriate payment amounts for care and services
provided under the pilot program, which shall not exceed
$3,500 per doula per veteran.
(g) Doula Service Coordinator.--
(1) In general.--The Secretary, in consultation with the
Office of Women's Health, or successor office, shall
establish a Doula Service Coordinator within the functions of
the Maternity Care Coordinator at each medical facility of
the Department that is participating in the pilot program.
(2) Duties.--A Doula Service Coordinator established under
paragraph (1) at a medical facility shall be responsible
for--
(A) working with eligible entities, doulas, and covered
veterans participating in the pilot program; and
(B) managing payment between eligible entities and the
Department under the pilot program.
(3) Tracking of information.--A doula providing services
under the pilot program shall report to the applicable Doula
Service Coordinator after each session conducted under the
pilot program.
(4) Coordination with women's program manager.--A Doula
Service Coordinator for a medical facility of the Department
shall coordinate with the women's program manager for that
facility in carrying out the duties of the Doula Service
Coordinator under the pilot program.
(h) Term of Pilot Program.--The Secretary shall conduct the
pilot program for a period of 5 years.
(i) Technical Assistance.--The Secretary shall establish a
process to provide technical assistance to eligible entities
and doulas participating in the pilot program.
(j) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for each
year in which the pilot program is carried out, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
(2) Final report.--As part of the final report submitted
under paragraph (1), the Secretary shall include
recommendations on whether the model studied in the pilot
program should be continued or more widely adopted by the
Department.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of fiscal years
2022 through 2027, such sums as may be necessary to carry out
this section.
(l) Definitions.--In this section:
(1) The term ``covered veteran'' means a pregnant veteran
or a formerly pregnant veteran (with respect to sessions
post-partum) who is enrolled in the patient enrollment system
of the Department of Veterans Affairs under section 1705 of
title 38, United States Code.
(2) The term ``eligible entity'' means an entity that
provides medically accurate, comprehensive maternity services
to covered veterans under the laws administered by the
Secretary, including under the Veterans Community Care
Program under section 1703 of title 38, United States Code.
(3) The term ``VA Video Connect'' means the program of the
Department of Veterans Affairs to connect veterans with their
health care team from anywhere, using encryption to ensure a
secure and private session.
amendment no. 240 offered by mrs. lee of nevada
At the end of subtitle J of title V of division A, add the
following:
SEC. ___. COMPTROLLER GENERAL ASSESSMENT OF QUALITY AND
NUTRITION OF FOOD AVAILABLE AT MILITARY
INSTALLATIONS FOR MEMBERS OF THE ARMED FORCES.
(a) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the quality and
nutrition of food available at military installations for
members of the Armed Forces.
(b) Elements.--The assessment required by subsection (a)
shall include the following:
(1) A description of the extent to which data is being
collected on the nutritional food options available at
military installations for members of the Armed Forces,
including the fat, sodium, and fiber content of hot line
foods.
(2) An assessment of the extent to which the Department of
Defense has evaluated whether the nutritional food options
described in paragraph (1) meet or exceed the daily nutrition
standards for adults set forth by the Department of
Agriculture.
(3) A description of how the Secretary integrates and
coordinates nutrition recommendations, policies, and
pertinent information through the Interagency Committee on
Human Nutrition Research.
(4) An assessment of the extent to which the Department of
Defense has evaluated how such recommendations, policies, and
information affect health outcomes of members of the Armed
Forces or retention rates for those members who do not meet
physical standards set forth by the Department.
(5) A description of how the Secretary gathers input on the
quality of food service options provided to members of the
Armed Forces.
(6) An assessment of how the Department of Defense tracks
the attitudes and perceptions of members of the Armed Forces
on the quality of food service operations at military
installations in terms of availability during irregular
hours, accessibility, portion, price, and quality.
(7) An assessment of access by members of the Armed Forces
to high-quality food options on military installations, such
as availability of food outside typical meal times or options
for members not located in close proximity to dining
facilities at a military installation.
(8) Such recommendations as the Comptroller General may
have to address any findings related to the quality and
availability of food options provided to members of the Armed
Forces by the Department of Defense.
(c) Briefing and Report.--
(1) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
brief the Committees on Armed Services of the Senate and the
House of Representatives on the status of the assessment
conducted under subsection (a).
(2) Report.--Not later than one year after the briefing
under paragraph (1), the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the assessment conducted under
subsection (a).
amendment no. 242 offered by mrs. lesko of arizona
Add at the end of subtitle E of title XII of division A the
following:
SEC. 12__. REPORT ON UNITED STATES-TAIWAN SEMICONDUCTOR
WORKING GROUP.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is the common interest of the United States and
allies and partners to strive for a Indo-Pacific region that
is free, open, inclusive, healthy, anchored by democratic
values and market-based rules;
(2) the United States should work closely with allies and
partners to respond to the most urgent of global challenges,
including economic and health impacts of COVID, economic
recovery as well as supply chain resiliency of critical
industries;
(3) Taiwan is a vital part of global high technology supply
chain with top-notched manufacturing capacity for chips; and
it is in the political, security and economic interests of
the United States to advocate for an upgraded partnership
with Taiwan in response to challenges due to shortage of
chips; and
(4) the United States recognizes Taiwan's continued efforts
to expand production of critical chips, including for auto
industries impacted severely by COVID.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with Secretary of Commerce, the Secretary of
State, and the heads of other appropriate Federal departments
and agencies, shall submit to the appropriate congressional
committees a report on the following:
(1) The feasibility and advisability of establishing an
inter-agency United States-Taiwan working group for
coordinating cooperation related to semiconductor issues.
(2) A discussion of current and future plans to engage with
Taiwan with respect to activities ensuring supply chain
security, especially with respect to semiconductors.
(3) An assessment of impacts on global supply chain
integrity in case of regional conflicts in the Taiwan Strait.
(4) An assessment to achieve measurable progress in
enhancing cooperation with Taiwan, including through
assessments in--
(A) development of strategies to engaging Taiwan in the
discussions of United States-leading supply chain forums or
dialogues; and
(B) economic and security benefits of including Taiwan in
the list of governments eligible for the strategic trade
authorization exception.
(5) Any other matters the Secretary of Defense determines
relevant.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the congressional defense
committees and--
(1) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Foreign Relations and Committee on
Commerce, Science, and Transportation of the Senate.
amendment no. 243 offered by mr. levin of california
At the end of subtitle E of title VI, insert the following:
[[Page H4982]]
SEC. 642. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO
PROGRAMMING, AND INTERNET ACCESS SERVICE
CONTRACTS BY SERVICEMEMBERS WHO ENTER INTO
CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR
PERMANENT CHANGE OF STATION BUT THEN RECEIVE
STOP MOVEMENT ORDERS DUE TO AN EMERGENCY
SITUATION.
(a) In General.--Section 305A(a)(1) of the Servicemembers
Civil Relief Act (50 U.S.C. 3956) is amended--
(1) by striking ``after the date the servicemember receives
military orders to relocate for a period of not less than 90
days to a location that does not support the contract.'' and
inserting ``after--''; and
(2) by adding at the end the following new subparagraphs:
``(A) the date the servicemember receives military orders
to relocate for a period of not less than 90 days to a
location that does not support the contract; or
``(B) the date the servicemember, while in military
service, receives military orders for a permanent change of
station, thereafter enters into the contract, and then after
entering into the contract receives a stop movement order
issued by the Secretary of Defense in response to a local,
national, or global emergency, effective for an indefinite
period or for a period of not less than 30 days, which
prevents the servicemember from using the services provided
under the contract.''.
(b) Retroactive Application.--The amendments made by this
section shall apply to stop movement orders issued on or
after March 1, 2020.
amendment no. 244 offered by mr. levin of california
Insert the following after section 551 and redesignate
subsequent sections accordingly.:
SEC. 552. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE
TRANSITION ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (E), by striking ``Disability'' and
inserting ``Potential or confirmed medical discharge of the
member'';
(2) in subparagraph (F), by striking ``Character'' and all
that follows and inserting ``Potential or confirmed
involuntary separation of the member.'';
(3) by redesignating subparagraph (M) as subparagraph (R);
and
(4) by inserting after subparagraph (L) the following:
``(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the
Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while
on duty).
``(P) The effects of operating tempo and personnel tempo on
the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as
those terms are defined in section 4 of the Indian Health
Care Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
amendment no. 245 offered by mr. lieu of california
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. ESTABLISHMENT OF THE OFFICE OF CITY AND STATE
DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended by adding at the end the
following new subsection:
``(i) Office of City and State Diplomacy.--
``(1) In general.--There shall be established within the
Department of State an Office of City and State Diplomacy (in
this subsection referred to as the `Office'). The Department
may use a similar name at its discretion and upon
notification to Congress.
``(2) Head of office.--The head of the Office shall be the
Ambassador-at-Large for City and State Diplomacy (in this
subsection referred to as the `Ambassador') or other
appropriate senior official. The head of the Office shall--
``(A) be appointed by the President, by and with the advice
and consent of the Senate; and
``(B) report directly to the Secretary, or such other
senior official as the Secretary determines appropriate and
upon notification to Congress.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the head of
the Office shall be the overall coordination (including
policy oversight of resources) of Federal support for
subnational engagements by State and municipal governments
with foreign governments. The head of the Office shall be the
principal adviser to the Secretary of State on subnational
engagements and the principal official on such matters within
the senior management of the Department of State.
``(B) Additional duties.--The additional duties of the head
of the Office shall include the following:
``(i) Coordinating overall United States policy and
programs in support of subnational engagements by State and
municipal governments with foreign governments, including
with respect to the following:
``(I) Coordinating resources across the Department of State
and throughout the Federal Government in support of such
engagements.
``(II) Identifying policy, program, and funding
discrepancies among relevant Federal agencies regarding such
coordination.
``(III) Identifying gaps in Federal support for such
engagements and developing corresponding policy or
programmatic changes to address such gaps.
``(ii) Identifying areas of alignment between United States
foreign policy and State and municipal goals.
``(iii) Improving communication with the American public,
including, potentially, communication that demonstrate the
breadth of international engagement by subnational actors and
the impact of diplomacy across the United States.
``(iv) Providing advisory support to subnational
engagements, including by assisting State and municipal
governments regarding--
``(I) developing and implementing global engagement and
public diplomacy strategies;
``(II) implementing programs to cooperate with foreign
governments on policy priorities or managing shared
resources; and
``(III) understanding the implications of foreign policy
developments or policy changes through regular and
extraordinary briefings.
``(v) Facilitating linkages and networks among State and
municipal governments, and between State and municipal
governments and their foreign counterparts, including by
tracking subnational engagements and leveraging State and
municipal expertise.
``(vi) Supporting the work of Department of State detailees
assigned to State and municipal governments pursuant to this
subsection.
``(vii) Under the direction of the Secretary, negotiating
agreements and memoranda of understanding with foreign
governments related to subnational engagements and
priorities.
``(viii) Supporting United States economic interests
through subnational engagements, in consultation and
coordination with the Department of Commerce, the Department
of the Treasury, and the Office of the United States Trade
Representative.
``(ix) Coordinating subnational engagements with the
associations of subnational elected leaders, including the
United States Conference of Mayors, National Governors
Association, National League of Cities, National Association
of Counties, Council of State Governments, National
Conference of State Legislators, and State International
Development Organizations.
``(4) Coordination.--With respect to matters involving
trade promotion and inward investment facilitation, the
Office shall coordinate with and support the International
Trade Administration of the Department of Commerce as the
lead Federal agency for trade promotion and facilitation of
business investment in the United States.
``(5) Detailees.--
``(A) In general.--The Secretary of State, with respect to
employees of the Department of State, is authorized to detail
a member of the civil service or Foreign Service to State and
municipal governments on a reimbursable or nonreimbursable
basis. Such details shall be for a period not to exceed two
years, and shall be without interruption or loss of status or
privilege.
``(B) Responsibilities.--Detailees under subparagraph (A)
should carry out the following:
``(i) Supporting the mission and objectives of the host
subnational government office.
``(ii) Advising State and municipal government officials
regarding questions of global affairs, foreign policy,
cooperative agreements, and public diplomacy.
``(iii) Coordinating activities relating to State and
municipal government subnational engagements with the
Department of State, including the Office, Department
leadership, and regional and functional bureaus of the
Department, as appropriate.
``(iv) Engaging Federal agencies regarding security, public
health, trade promotion, and other programs executed at the
State or municipal government level.
``(v) Any other duties requested by State and municipal
governments and approved by the Office.
``(C) Additional personnel support for subnational
engagement.--For the purposes of this subsection, the
Secretary of State--
``(i) is authorized to employ individuals by contract;
``(ii) is encouraged to make use of the re-hired annuitants
authority under section 3323 of title 5, United States Code,
particularly for annuitants who are already residing across
the United States who may have the skills and experience to
support subnational governments; and
``(iii) is encouraged to make use of authorities under the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et
seq.) to temporarily assign State and local government
officials to the Department of State or overseas missions to
increase their international experience and add their
perspectives on United States priorities to the Department.
``(6) Report and briefing.--
``(A) Report.--Not later than one year after the date of
the enactment of this subsection, the head of the Office
shall submit to the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives
and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report that includes
information relating to the following:
[[Page H4983]]
``(i) The staffing plan (including permanent and temporary
staff) for the Office and a justification for the location of
the Office within the Department of State's organizational
structure.
``(ii) The funding level provided to the Office for the
Office, together with a justification relating to such level.
``(iii) The rank and title granted to the head of the
Office, together with a justification relating to such
decision and an analysis of whether the rank and title of
Ambassador-at-Large is required to fulfill the duties of the
Office.
``(iv) A strategic plan for the Office, including relating
to--
``(I) leveraging subnational engagement to improve United
States foreign policy effectiveness;
``(II) enhancing the awareness, understanding, and
involvement of United States citizens in the foreign policy
process; and
``(III) better engaging with foreign subnational
governments to strengthen diplomacy.
``(v) Any other matters as determined relevant by the head
of the Office.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph (A) and
annually thereafter, the head of the Office shall brief the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate on the work of the Office and
any changes made to the organizational structure or funding
of the Office.
``(7) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau within the
Department of State; or
``(B) the head of the Office from being elevated to an
Assistant Secretary, if such an Assistant Secretary position
does not increase the number of Assistant Secretary positions
at the Department above the number authorized under
subsection (c)(1).
``(8) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means, with respect
to the government of a municipality in the United States, a
municipality with a population of not fewer than 100,000
people.
``(B) State.--The term `State' means the 50 States, the
District of Columbia, and any territory or possession of the
United States.
``(C) Subnational engagement.--The term `subnational
engagement' means formal meetings or events between elected
officials of State or municipal governments and their foreign
counterparts.''.
Amendment No. 246 offered by Mr. lieu of california
At the end of subtitle F of title III, add the following
new section:
SEC. 3__. PILOT PROGRAM ON USE OF WORKING DOGS TO DETECT
EARLY STAGES OF DISEASES.
(a) Pilot Program.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
commence a pilot program to determine the effectiveness of
using scent detection working dogs to detect the early stages
of diseases (including the coronavirus disease 2019 (COVID-
19)) and upon detection, to alert the handler of the dog. In
carrying out such program, the Secretary shall consider--
(1) potential uses for such dogs in screening individuals
seeking to access facilities under the jurisdiction of the
Department of Defense or seeking to access locations
frequently used by the public and relevant to public safety;
and
(2) any other potential uses for such dogs relating to the
detection of early stages of diseases, including uses
relating to the management and provision of personal
protective equipment and medical testing kits to Department
of Defense personnel.
(b) Regulations.--The Secretary shall prescribe regulations
concerning the scope and limitations of the pilot program
under subsection (a). Such regulations shall include
requirements to ensure that the pilot program is
scientifically rigorous.
(c) Duration.--The Secretary shall carry out the pilot
program under subsection (a) for a period of not more than
four years.
(d) Report.--Not later than 180 days after the date on
which the pilot program under subsection (a) terminates, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
outcomes of such pilot program.
Amendment No. 247 offered by Mr. lieu of california
At the end of subtitle C of title XIII, add the following:
SEC. 13_. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO
NON-UNITED STATES AIRCRAFT THAT ENGAGE IN
HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN.
Section 1273(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1699) is
amended by striking ``two-year period'' and inserting ``four-
year period''.
Amendment No. 248 offered by ms. lofgren of california
Add at the end of subtitle A of title XVI the following new
section:
SEC. 16__. REPORT ON SENSING CAPABILITIES OF THE DEPARTMENT
OF DEFENSE TO ASSIST FIGHTING WILDFIRES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Director of National Intelligence and
any other head of an agency or department the Secretary
determines appropriate, shall submit to the appropriate
congressional committees a report on the capabilities of the
Department of Defense to assist fighting wildfires through
the use and analysis of satellite and other aerial survey
technology.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) An examination of the current and future sensing
requirements for the wildfire fighting and analysis
community.
(2) Identification of assets of the Department of Defense
and intelligence community that can provide data that is
relevant to the requirements under paragraph (1), including
an examination of such assets that--
(A) are currently available;
(B) are in development; and
(C) have been formally proposed by a department or agency
of the Federal Government, but which have not yet been
approved by Congress.
(3) With respect to the assets identified under paragraph
(2)(A), an examination of how close the data such assets
provide comes to meeting the wildfire management and
suppression community needs.
(4) An identification of the total and breakdown of costs
reimbursed to the Department of Defense during the five-year
period preceding the date of the report for reimbursable
requests for assistance from lead departments or agencies of
the Federal Government responding to natural disasters.
(5) A discussion of issues involved in producing
unclassified products using unclassified and classified
assets, and policy options for Congress regarding that
translation, including by explicitly addressing
classification choices that could ease the application of
data from such assets to wildfire detection and tracking.
(6) Identification of options to address gaps between
requirements and capabilities to be met by additional
solutions, whether from the Department of Defense, the
intelligence community, or from the civil or commercial
domain.
(7) A retrospective analysis to determine whether the
existing data could have been used to defend against past
fires.
(8) Options for the Department of Defense to assist the
Department of Agriculture, the Department of the Interior,
the Department of Energy, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the National Science Foundation, and State and
local governments in identifying and responding to wildfires.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services, the Committee on
Agriculture, the Committee on Natural Resources, the
Committee on Science, Space, and Technology, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(B) The Committee on Armed Services, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on
Commerce, Science, and Transportation, the Committee on
Energy and Natural Resources, and the Select Committee on
Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
Amendment No. 249 offered by Mrs. luria of virginia
Add at the end of subtitle C of title XII the following new
section:
SEC. 12__. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY
IRAN.
It is the sense of Congress that--
(1) the Government of Iran's decision to enrich uranium up
to 60 percent purity is a further escalation and shortens the
breakout time to produce enough highly enriched uranium to
develop a nuclear weapon; and
(2) the Government of Iran should immediately abandon any
pursuit of a nuclear weapon.
Amendment No. 250 offered by Mrs. luria of virginia
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. 12__. DEPARTMENT OF DEFENSE STUDY ON THE EMERGENCE OF
MILITIA FLEETS IN THE SOUTH CHINA SEA.
(a) Study.--The Secretary of Defense shall carry out a
study on the challenges posed by the emergence of militia
fleets in the South China Sea, including--
(1) a tactical threat assessment and assessment of United
States Navy and Coast Guard capability;
(2) options for countering militia fleets; and
(3) an assessment of future capabilities needed to address
those challenges.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate a report on the study conducted pursuant to subsection
(a).
(c) Militia Fleet.--In this section, the term ``militia
fleet'' means the People's Armed Forces Maritime Militia or
other subset national militias of China.
Amendment No. 251 offered by Mrs. luria of virginia
At the end of title VI, add the following new section:
[[Page H4984]]
SEC. 6__. SPACE AVAILABLE TRAVEL FOR MEMBERS OF THE ARMED
FORCES TO ATTEND FUNERALS AND MEMORIAL
SERVICES.
The Secretary of Defense shall modify the space available
travel program established pursuant to section 2641b of title
10, United States Code, to include, as authorized category II
travel, space available travel for a member of the Armed
Forces when the primary purpose of the member's travel is to
attend a funeral or memorial service.
Amendment No. 252 offered by mr. lynch of massachusetts
At the end of subtitle E of title VIII, insert the
following new section:
SEC. 85__ REESTABLISHMENT OF COMMISSION ON WARTIME
CONTRACTING.
(a) Short Title.--This section may be cited as the
``Wartime Contracting Commission Reauthorization of 2021''.
(b) In General.--There is hereby reestablished in the
legislative branch under section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 230) the Commission on Wartime Contracting.
(c) Amendment to Duties.--Section 841(c)(1) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by overseas
contingency operations funds.
``(B) Federal agency contracting for the logistical support
of coalition forces operating under the authority of either
the Authorization for Use of Military Force (Public Law 107-
40; 50 U.S.C. 1541 note) or the Authorization for Use of
Military Force Against Iraq Resolution of 2002 (Public Law
107-243; 50 U.S.C. 1541 note).
``(C) Federal agency contracting for the performance of
security functions in countries where coalition forces
operate under the authority of either the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541
note) or the Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541
note).''.
(d) Conforming Amendments.--Section 841 of the National of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the Committee on
Oversight and Government Reform'' each place it appears, and
inserting ``the Committee on Oversight and Reform'';
(B) in paragraph (2), by striking ``of this Act'' and
inserting ``of the Wartime Contracting Commission
Reauthorization of 2021''; and
(C) in paragraph (4), by striking ``was first established''
each place it appears, and inserting ``was reestablished by
the Wartime Contracting Commission Reauthorization of 2021'';
and
(2) in subsection (d)(1), by striking ``On March 1, 2009''
and inserting ``Not later than one year after the date of
enactment of the Wartime Contracting Commission
Reauthorization of 2021''.
Amendment No. 253 offered by mr. lynch of massachusetts
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. STRENGTHENING AWARENESS OF SANCTIONS.
(a) In General.--Section 312 of title 31, United States
Code, is amended by adding at the end the following::
``(g) OFAC Exchange.--
``(1) Establishment.--The OFAC Exchange is hereby
established within OFAC.
``(2) Purpose.--The OFAC Exchange shall facilitate a
voluntary public-private information sharing partnership
among law enforcement agencies, national security agencies,
financial institutions, and OFAC to--
``(A) effectively and efficiently administer and enforce
economic and trade sanctions against targeted foreign
countries and regimes, terrorists, international narcotics
traffickers, those engaged in activities related to the
proliferation of weapons of mass destruction, and other
threats to the national security, foreign policy, or economy
of the United States by promoting innovation and technical
advances in reporting--
``(i) under subchapter II of chapter 53 and the regulations
promulgated under that subchapter; and
``(ii) with respect to other economic and trade sanctions
requirements;
``(B) protect the financial system from illicit use,
including evasions of existing economic and trade sanctions
programs; and
``(C) facilitate two-way information exchange between OFAC
and persons who are required to comply with sanctions
administered and enforced by OFAC, including financial
institutions, business sectors frequently affected by
sanctions programs, and non-government organizations and
humanitarian groups impacted by such sanctions programs.
``(3) Report.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, and once every 2 years
thereafter for the next 5 years, the Secretary of the
Treasury shall submit to the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate and the
Committees on Financial Services and Foreign Affairs of the
House of Representatives a report containing--
``(i) an analysis of the efforts undertaken by the OFAC
Exchange, which shall include an analysis of--
``(I) the results of those efforts; and
``(II) the extent and effectiveness of those efforts,
including the extent and effectiveness of communication
between OFAC and persons who are required to comply with
sanctions administered and enforced by OFACs;
``(ii) recommendations to improve efficiency and
effectiveness of targeting, compliance, enforcement and
licensing activities undertake by OFAC; and
``(iii) any legislative, administrative, or other
recommendations the Secretary may have to strengthen the
efforts of the OFAC Exchange.
``(B) Classified annex.--Each report under subparagraph (A)
may include a classified annex.
``(4) Information sharing requirement.--Information shared
under this subsection shall be shared--
``(A) in compliance with all other applicable Federal laws
and regulations;
``(B) in such a manner as to ensure the appropriate
confidentiality of personal information; and
``(C) at the discretion of the Director, with the
appropriate Federal functional regulator, as defined in
section of the Anti-Money Laundering Act of 2020.
``(5) Protection of shared information.--
``(A) Regulations.--OFAC shall, as appropriate, promulgate
regulations that establish procedures for the protection of
information shared and exchanged between OFAC and the private
sector in accordance with this section, consistent with the
capacity, size, and nature of the financial institution to
which the particular procedures apply.
``(B) Use of information.--Information received by a
financial institution pursuant to this section shall not be
used for any purpose other than identifying and reporting on
activities that may involve the financing of terrorism,
proliferation financing, narcotics trafficking, or financing
of sanctioned countries, regimes, or persons.
``(6) Rule of construction.--Nothing in this subsection may
be construed to create new information sharing authorities or
requirements relating to the Bank Secrecy Act.''.
(b) Scope of the Meetings of the Supervisory Team on
Countering Illicit Finance.--Section 6214(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (31 U.S.C. 5311 note) is amended by striking
``to combat the risk relating to proliferation financing''
and inserting ``for the purposes of countering illicit
finance, including proliferation finance and sanctions
evasion''.
(c) Combating Russian Money Laundering.--Section 9714 of
the Combating Russian Money Laundering Act (Public Law 116-
283) is amended--
(1) in subsection (a)(2), by striking ``by'' and inserting
``involving'';
(2) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering
concern, or of the requirement for 1 or more special measures
with respect to a primary money laundering concern made under
this section, if the designation or imposition, or both, were
based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C.
App.), such information may be submitted by the Secretary to
the reviewing court ex parte and in camera. This subsection
does not confer or imply any right to judicial review of any
finding made or any requirement imposed under this section.
``(c) Availability of Information.--The exemptions from,
and prohibitions on, search and disclosure provided in
section 5319 of title 31, United States Code, shall apply to
any report or record of report filed pursuant to a
requirement imposed under subsection (a) of this section. For
purposes of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
``(d) Penalties.--The penalties provided for in sections
5321 and 5322 of title 31, United States Code, that apply to
violations of special measures imposed under section 5318A of
title 31, United States Code, shall apply to violations of
any order, regulation, special measure, or other requirement
imposed under subsection (a) of this section, in the same
manner and to the same extent as described in sections 5321
and 5322.
``(e) Injunctions.--The Secretary of the Treasury may bring
a civil action to enjoin a violation of any order,
regulation, special measure, or other requirement imposed
under subsection (a) of this section in the same manner and
to the same extent as described in section 5320 of title 31,
United States Code.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Washington (Mr. Smith) and the gentleman from Alabama
(Mr. Rogers) each will control 15 minutes.
The Chair recognizes the gentleman from Washington.
Modification to Amendment En Bloc No. 207 Offered by Mr. Smith of
Washington
Mr. SMITH of Washington. Mr. Speaker, I ask unanimous consent that
[[Page H4985]]
amendment No. 207 printed in part C of House Report 117-125 be modified
in the form I have placed at the desk.
The SPEAKER pro tempore. The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment No. 207 offered by Mr. Smith of Washington:
Amendment 207 is amended to read as follows:
At the end of subtitle E of title X of division A, insert
the following:
SEC. 10__. COST ANALYSIS REPORT ON CHANGES TO MILITARY
PRIORITIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to the Committee
on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Foreign Relations of the Senate a report
on--
(1) the estimated cost savings as a result of a full
drawdown of United States personnel and contractors from
Afghanistan, Iraq, and Syria compared with actual costs for
such personnel and contractors in fiscal year 2021; and
(2) the estimated cost of redirecting United States
personnel and materials, including increased budget authority
for ships, aircraft, nuclear weapons, major personnel, and
operational costs, to effectively engage in great power
competition with Russia and China to effectively curb and
deter Russia and China militarily in their respective
regions.
Mr. SMITH of Washington (during the reading). Mr. Speaker, I ask
unanimous consent that the reading of the modification be dispensed
with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Washington?
There was no objection.
The SPEAKER pro tempore. The amendment is modified.
The Chair recognizes the gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the
gentleman from Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Speaker, I rise in support of the en bloc package,
which contains amendment No. 384 to create four critical technology
security centers.
These centers would be created through competitive grants issued by
the Department of Homeland Security to universities or federally funded
research and development centers, including national laboratories.
Each center would have a different focus, with the first four
covering network technology, network industrial control systems, open
source software, and Federal critical software, respectively.
Each center would rigorously test the security of a set of
technologies developed with input from the Cybersecurity and
Infrastructure Security Agency, or CISA, the compromise of which would
represent the highest level of risk to our critical infrastructure.
With respect to those specific technologies, centers would evaluate
their overall security posture; develop new tools and capabilities for
vulnerability discovery, management, and mitigation; and support the
remediation of the vulnerabilities they find.
This is an important recommendation of the Cyberspace Solarium
Commission, and I thank my fellow Commissioner, Mr. Gallagher, for
cosponsoring this amendment. I also thank Chairman Thompson for his
support of the measure. I urge Members to support the en bloc package
and the underlying bill.
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this en bloc package was put together in close
consultation with the minority. I urge all Members to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the chairman, and I thank the
ranking member for his support, longtime friends.
Let me quickly indicate that as I have embraced the NDAA over the
years, it has always been my focus to deal with the military personnel
and to make us the best, the strongest, and the most well respected and
appreciated.
I want to thank this committee and the Rules Committee for allowing
my amendments Nos. 191, 192, 193, 194, 195, 196, 197, and 198. Many of
them speak for themselves.
Let me clearly say that I have worked year after year as a breast
cancer survivor to ensure that triple-negative breast cancer, which is
one of the most deadly forms of cancer--that women in the military have
the services that they need.
Let me just share with you that triple-negative breast cancer has a
survival rate of 5 years. The key to beating this cancer is early
detection. There is $10 million to enhance research and to help these
women. In addition, I have asked for $2 million for post-traumatic
stress disorder. I even, under then-Colonel Murtha, organized a center
in my district.
But the most important point for supporting this amendment is that it
still exists--Operation Iraqi Freedom and Enduring Freedom, 11 to 20
out of 100; Gulf war, 12 out of 100; Vietnam war, 30 out of 100. It is
still needed, and we appreciate this amendment.
I also want to thank you for recognizing that we are going into
space. My amendment says that we should have a bill that studies the
risks proposed by man-made space debris in lower orbit, including
recommendations and remediation of such risks. It is extremely
important.
Finally, I want to speak to a very important amendment dealing with
the longstanding history of African Americans in the United States
military, to create a task force that respects the fact that Crispus
Attucks, a runaway slave who escaped--during the Boston Massacre to the
present day--an escaped slave who fought in the Revolutionary War with
George Washington.
This story is a long-story story. The United States Army and others
have a very long history. This task force will determine the impact of
slavery and the impact of our soldiers from the very early years, who
happened to be ex-slaves fighting all the way through the many
different wars.
I believe we will find that those who are descendants of enslaved
Africans have fought in wars from the very beginning. It is an
important story. It should be told. I am very pleased that this
particular amendment is included.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SMITH of Washington. Mr. Speaker, I yield an additional 30
seconds to the gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I will just conclude that this task
force, which will be a very significant historical study, will be very
much appreciated.
But let me quickly say that having worked with our various nominees
to the military academies, one in particular was an individual who
stuttered. By the time he finished, they said he could not have his
command. They never assessed him in the academy while he was there.
I believe this is an important assessment, to assess that vital
$250,000 student, so that when he graduates, he will have a command
even if he is a stutterer because he made it into the academy; he was
successful academically; and he should be allowed to serve his country.
I thank you for considering my amendments and for them to stay in to
become law.
Mr. Speaker, I rise in support of my Amendments in the En Bloc
Amendment No. 2 to H.R. 4350, the National Defense Authorization Act
for FY 2022, which incorporates Jackson Lee Amendments Nos. 191, 192,
193, 194, 195, 196, 197, and 198.
I thank the Rules Committee for making these amendments in order.
I also thank Chairman Smith of the House Armed Services Committee and
his staff for working with me and my staff to include the Jackson Lee
Amendments in this En Bloc, and for his great work in shepherding the
bill to the floor.
The amendments included in En Bloc No. 2 are as follows:
1. Jackson Lee Amendment designated as No. 191--Provides
authorization for a $10 million increase in funding for increased
collaboration with NIH to combat Triple Negative Breast Cancer.
2. Jackson Lee Amendment designated as No. 192--Provides
authorization for $2.5 million increase in funding to combat
posttraumatic stress disorder (PTSD).
3. Jackson Lee Amendment designated as No. 193--Directs the Secretary
of Defense to
[[Page H4986]]
promulgate regulations to ensure that candidates granted admission to
attend a military academy undergo screening for speech disorders and be
provided the results of the screening test and a list of warfare
unrestricted line (URL) Officer positions and occupation specialists
that require successful performance on the speech test. Academy
students shall have the option of undergoing speech therapy to reduce
speech disorders or impediments.
4. Jackson Lee Amendment designated as No. 194 recognizes that Black
men and women have played an integral role in the defense of the nation
from the bravery of Crispus Attucks, an escaped slave, during the
Boston Massacre to the present day, and seeks to determine how to
address the historical and current barriers to their participation and
equal treatment in the Armed Services.
5. Jackson Lee Amendment designated as No. 195--Requires report on
Maternity Mortality Rates for military members and their dependents.
6. Jackson Lee Amendment designated as No. 196--Requires a report to
be submitted to Congress within 240 days following enactment on the
risks posed by debris in low earth orbit and to make recommendations on
remediation of risks and outline plans to reduce the incident of space
debris.
7. Jackson Lee Amendment designated as No. 197--Requires the
Secretary of Defense to report to Congress programs and procedures
employed to ensure students studying abroad through Department of
Defense National Security Education Programs are trained to recognize,
resist, and report against recruitment efforts by agents of foreign
governments.
8. Jackson Lee Amendment designated as No. 198--Directs the Secretary
to submit to Congress within 180 days a report on the recognition of
African Americans who have served in the Armed Forces in DOD naming
practices and conventions for military installations, infrastructure,
vessels, and weapon systems.
Jackson Lee Amendment 191 provides authorization for a $10 million
increase in funding for increased collaboration with NIH to combat
Triple Negative Breast Cancer.
As a Member of Congress, a mother, a sister, a spouse, and a breast
cancer survivor, I feel a special responsibility to do all I can to
ensure every American can win in the fight against all types of breast
cancer but especially triple negative breast cancer (TNBC).
What is triple negative breast cancer?
The term triple negative breast cancer refers to the fact that this
form of breast cancer will test negative, which means that each of the
tests will return negative results for the presence of breast cancer
for three types of breast cancer tests:
Estrogen receptor;
Progesterone receptor; and
Human epidermal growth factor receptor 2 or the HER2 test will be
negative.
In addition, triple-negative breast cancer:
Tends to be more aggressive than other types of breast cancer;
Five-year survival rates also tend to be lower for triple-negative
breast cancer; and
Triple Negative Breast Cancer tends to be higher grade than other
types of breast cancer.
Studies have shown that triple-negative breast cancer is more likely
to spread beyond the breast and more likely to recur (come back) after
treatment.
For example, a study of more than 1,600 women in Canada published in
2007 found that women with triple-negative breast cancer were at higher
risk of having the cancer recur outside the breast--but only for the
first 3 years.
As years go by, the risks of the triple-negative breast cancer
recurring become similar to those risk levels for other types of breast
cancer.
The key to beating this cancer is not just early detection--but
detection period.
A 2007 study of more than 50,000 women with all stages of breast
cancer found that 77 percent of women with triple-negative breast
cancer survived at least 5 years, versus 93 percent of women with other
types of breast cancer.
Another study of more than 1,600 women published in 2007 found that
women with triple-negative breast cancer had a higher risk of death
within 5 years of diagnosis, but not after that time period.
The recurrence and survival figures in these and other studies are
averages for all women with triple-negative breast cancer.
Factors such as the grade and stage of the breast cancer will
influence an individual woman's prognosis.
About 15-20 percent of breast cancers are triple negative.
Triple Negative tumors tend to occur more often in younger women and
African-American women.
In studies of U.S. and British women, triple negative breast cancer
appears to be more common among black women (especially before
menopause) compared to white women.
Triple negative breast cancer may also be more common among Hispanic
women compared to white women.
Although the reasons for racial/ethnic differences in rates of triple
negative breast cancer are not clear, lifestyle factors may play a
role.
For example, some findings show African-American women tend to have
lower rates of breastfeeding compared to other women, which may
increase the chances of having triple negative breast cancer.
For these individuals and the tens of thousands of survivors and
their daughters this amendment is needed.
Jackson Lee Amendment 192 provides authorization for $2.5 million
increase in funding to combat post-traumatic stress disorder (PTSD).
PTSD was first brought to public attention in relation to war
veterans, but it can result from a variety of traumatic incidents, such
as torture, being kidnapped or held captive, bombings, or natural
disasters such as floods or earthquakes.
People with PTSD may startle easily, become emotionally numb
(especially in relation to people with whom they used to be close),
lose interest in things they used to enjoy, have trouble feeling
affectionate, be irritable, become more aggressive, or even become
violent.
They avoid situations that remind them of the original incident, and
anniversaries of the incident are often very difficult.
Most people with PTSD repeatedly relive the trauma in their thoughts
during the day and in nightmares when they sleep. These are called
flashbacks. A person having a flashback may lose touch with reality and
believe that the traumatic incident is happening all over again.
My amendment recognizes that these soldiers are, first and foremost,
human. They carry their experiences with them.
Ask a veteran of Vietnam, Iraq, or Afghanistan about the frequency of
nightmares they experience, and one will realize that serving in the
Armed Forces leaves a lasting impression, whether good or bad.
According to the National Center for PTSD, the number of Veterans
with PTSD varies by service era:
Operations Iraqi Freedom (OIF) and Enduring Freedom (OEF): About 11-
20 out of every 100 Veterans (or between 11-20 percent) who served in
OIF or OEF have PTSD in a given year.
Gulf War (Desert Storm): About 12 out of every 100 Gulf War Veterans
(or 12 percent) have PTSD in a given year.
Vietnam War: It is estimated that about 30 out of every 100 (or 30
percent) of Vietnam Veterans have had PTSD in their lifetime.
Another cause of PTSD in the military can be military sexual trauma
(MST). This is any sexual harassment or sexual assault that occurs
while you are in the military.
MST can happen to both men and women and can occur during peacetime,
training, or war.
Among Veterans who use VA health care, about:
23 out of 100 women (or 23 percent) reported sexual assault when in
the military.
55 out of 100 women (or 55 percent) and 38 out of 100 men (or 38
percent) have experienced sexual harassment when in the military.
My amendment will help ensure that ``no soldier is left behind'' by
addressing the urgent need for more outreach toward hard-to-reach
veterans suffering from PTSD, especially those who are homeless or
reside in underserved urban and rural areas of our country.
Jackson Lee Amendment 194 recognizes that Black men and
women have played an integral role in the defense of the nation, from
the bravery of Crispus Attucks, an escaped slave, during the Boston
Massacre to the present day, and seeks to determine how to address the
historical and current barriers to their participation and equal
treatment in the Armed Services.
Black Americans became pilots, nurses, Marines, and West Point
graduates, but it was not until President Harry S. Truman issued an
executive order in 1948 that the armed services were integrated; and
even then, some units refused to do so for several more years.
In 1777, when George Washington faced a dearth of white soldiers
willing to fight on behalf of the colonies, he allowed Black men to
fight in the continental army and during the harsh winter of 1778 the
Rhode Island Assembly, therefore, passed a law in 1778 allowing ``every
able-bodied negro, mulatto, or Indian man slave in this state to
enlist.''
100 black soldiers signed up in exchange for their freedom.
During the Civil War, around 179,000 Black men served in the Union
army, either in the Army, Navy, or non-combat positions and more than
40,000 gave the last full measure of devotion to their country.
Over 125,000 Black soldiers served overseas in the segregated
military during World
[[Page H4987]]
War II, but the U.S. military remained segregated.
When Black veterans came home, many found it difficult to get housing
or jobs because White veterans were given preference.
The racial inequality and mistreatment of Black men and women that
has historically permeated our military continues to this day, with
more than 750 complaints of discrimination by race or ethnicity from
service members in the fiscal year 2020 alone.
But discrimination doesn't exist just within the military rank-and-
file, as in that same fiscal year, civilians working in the financial,
technical, and support sectors of the Army, Air Force; and Navy also
filed 900 complaints of racial discrimination and over 350 complaints
of discrimination by skin color, data from the U.S. Equal Employment
Opportunity Commission shows.
According to a report by the Defense Department's Diversity and
Inclusion Board, while the enlisted ranks of the active and reserve
military were ``slightly more racially and ethnically diverse than its
U.S. civilian counterparts,'' the opposite was true for the officer
corps.
With the rise and normalization of white supremacist expression
during the Trump administration, the concept of restorative justice has
gained more urgency, garnering the attention of mainstream
commentators, and illustrating the need for a national reckoning.
We owe it to those brave men and women who have proven time and time
again to be an integral part of our military to examine the Armed
Services' history of discrimination and to determine the necessary
steps to repair the harm caused by these inequities.
Jackson Lee Amendment No. 96 directs that the Secretary of DoD
provide a report 240 days from enactment of this bill on the risks
posed by man-made space debris in low-earth orbit, including
recommendations on remediation of such risks, and outlines of plans to
reduce the incident of space debris.
Space debris encompasses both natural and artificial particles.
This Jackson Lee Amendment would address the risk of man-made space
debris.
Man-made objects in Earth's orbit that may no longer serve a useful
function can include nonfunctional spacecraft, abandoned launch vehicle
stages, mission-related debris and fragmentation debris.
Space debris travels at speeds up to 17,500 miles per hour is fast
enough for a small piece of man-made debris to damage a satellite or a
spacecraft.
There are more than 20,000 pieces of debris larger than a softball
orbiting the Earth.
There are 500,000 pieces of debris the size of a marble or larger.
There are many millions of pieces of debris that are so small they
can't be tracked.
NASA tracks more than 500,000 pieces of man-made space debris in
Earth's orbit.
This amendment seeks a report from the Secretary of Defense on the
risks posed by man-made space debris, solutions for reducing risks and
strategies for reducing the incidence of more man-made space debris
being introduced into space.
I urge all members to vote for En Bloc Amendment No. 2 and the
underlying legislation, H.R. 4350, the National Defense Authorization
Act for FY 2022
{time} 1745
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Texas (Mr. Gohmert), my longtime friend and colleague.
Mr. GOHMERT. Mr. Speaker, I rise in support of amendment 165. It
creates a separate career track for military judges to prevent undue
influence from command above.
In the 1970s it was seen that it would be good for trial defense
attorneys to have a separate track so that they were not rated by the
same person who was pushing to have a court martial. That created some
problems and at times some abuses.
The separation and the creation of a trial defense service served a
great purpose, but before 2004 each of the judge advocates general of
the armed services subscribed to the policy that all judge advocates
should have a broad career and move from job to job. They became quite
good at all trades but masters of none.
So junior judge advocates would try a few court martials, then move
from one job to another. It gave them a broad basis, but it was not
helpful overall.
By giving the military judges a separate career track, it will ensure
avoidance of undue command influence and will give our servicemembers
the fair trials they deserve. I would encourage everyone to vote for
this amendment.
Mr. SMITH of Washington. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Illinois (Mr. Krishnamoorthi).
Mr. KRISHNAMOORTHI. Mr. Speaker, I urge support of my amendment,
which would permit the Secretary of HHS to receive unused and
oftentimes just about to expire COVID vaccines from States and be able
to redistribute them to foreign partners or allies.
Now, my primary legislation before the body in Congress is called
NOVID. It is a play on words, no more COVID. And this legislation would
actually establish a program to help vaccinate 60 percent of the
population of the world's 92 poorest countries. I hope that this
legislation is taken up by this body and supported by the
administration.
In the meantime, the very least that we can do is to donate unused
vaccines from the States. Now, these vaccines are about to expire. They
are going to be no good in just a matter of months, and so instead of
allowing them to go to waste, we should donate them abroad.
This is not only the right thing to do to help to end suffering
abroad, but it is the smart thing to do because then it helps to
prevent variants that are generated abroad from coming back home to the
United States and further wreaking havoc on our economy.
On top of that, we see the Chinese Communist Party going around the
world peddling their ineffective Sinovac vaccine, and we should be
instead vaccinating those populations with effective vaccines.
Again, I hope that the administration utilizes this amendment to
great impact, and I hope that they also do more and endorse my NOVID
legislation.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Texas (Mr. Jackson), an outstanding freshman member of
the Armed Services Committee.
Mr. JACKSON. Mr. Speaker, I rise in support of my amendment, which
clearly states that Israel is a critical defense partner of ours. Our
national security is inextricably linked to our relationship with and
our military's support for Israel.
As our strongest ally in the Middle East, it is critical that we
conduct military exercises with Israel to improve interoperability and
readiness. We must ensure that Israel has the capabilities it needs to
defend itself against terrorists with consistent and reliable transfers
of defense articles.
Last year, President Trump negotiated the historic Abraham Accords,
and to honor that, my amendment states clear support for Israel's work
to promote peace. While some in this body have made their disdain for
the Jewish State of Israel clear, I believe our relationship with
Israel is nonnegotiable.
Our friends in Israel are currently questioning our commitment
because some of my more radical colleagues forced the Speaker to
withdraw financial support for the Iron Dome yesterday.
I urge all Members of this body to support my amendment. We must take
this step to show the only democracy in the Middle East that they can
count on us for support.
Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the
gentlewoman from Illinois (Ms. Kelly).
Ms. KELLY of Illinois. Mr. Speaker, I rise in support of en bloc No.
2, which includes three amendments I worked on.
Amendment No. 217 establishes a pilot transition assistance program
for military spouses, offering similar services to those available for
members of our Armed Forces.
This includes mental health first aid training since military spouses
are well positioned to notice warning signs for any mental health or
subsequent abuse struggles a new veteran might experience.
Amendment No. 218 will improve interagency communication as the low
Earth orbit becomes more crowded with defense, civil, and commercial
space assets.
Finally, amendment No. 158 with Representative Gonzales will create a
National Digital Reserve Corps to bring private sector talent into the
Federal Government to work on short-term projects. We need more
cybersecurity, artificial intelligence, and developer expertise in the
Federal Government if we are going to meet the challenges of the 21st
century.
I urge my colleagues to support this en bloc.
[[Page H4988]]
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the
gentleman from California (Mr. Garcia), an outstanding freshman member
of our Conference.
Mr. GARCIA of California. Mr. Speaker, I rise in support of my
critical, bipartisan, bicameral bill, the Military Spouse Licensing
Relief Act, which was included as an amendment in this en bloc package.
My amendment would support military families by allowing military
spouses with valid professional licenses in one State reciprocity in
another State where their spouse is stationed on military orders. This
effectively allows the spouse to cross-deck their professional license
to another State while their spouse is on Active Duty.
More than 30 percent of our military spouses work in a field
requiring professional licensing, and when these families receive move
orders to a new State, military spouses often must spend time and money
to reapply for a professional license that they already have. On
average, military families lose thousands of dollars per move in lost
wages and fees caused by relicensing barriers, and in many cases the
spouse ends up not even applying for the license because it takes too
long or is too costly to do so.
The struggle often threatens the economic security and quality of
life for these families, as their loved ones serve our Nation. No
military spouse should have to decide between job security and being
with their family. Military families already sacrifice so much in
service to our great country, and we must work to protect these
families.
At a time in which our communities are also facing critical shortages
of skilled professionals, like nurses and teachers, I urge my
colleagues to support this commonsense amendment that will drastically
improve the quality of life for our military families as well as our
communities.
Mr. SMITH of Washington. Mr. Speaker, I yield 1\1/2\ minutes to the
gentlewoman from North Carolina (Ms. Manning).
Ms. MANNING. Mr. Speaker, I rise today in strong support of the
bipartisan National Defense Authorization Act, and I urge my colleagues
to support the bill and my five amendments included in the bill.
My State of North Carolina is home to eight military bases and more
than 800,000 Active Duty military servicemembers and veterans.
The NDAA will give these servicemembers a 2.7 percent pay raise and
add a crucial level of accountability by taking the prosecution of
sexual assault and other crimes out of the chain of command.
I urge support for my amendment requiring the military to consider
the benefits of using electric vehicles for students at military
installations. Increased use of electric vehicles by our military will
help accelerate our transition to clean energy and create good-paying
jobs in districts like mine.
This bill also includes my amendments to express concern about the
safety of Afghan women and girls and to require the Secretary of
Defense to appoint an official to assist the State Department with
continued evacuations from Afghanistan. We must do better for the
people who helped our troops.
I urge my colleagues to support this act.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON. Mr. Speaker, I rise in support of my amendments
that are included in this amendment en bloc number 2 for the National
Defense Authorization Act.
This bill includes three amendments that were submitted by my office
that will directly benefit our Nation's security and, of course, the
people of Puerto Rico.
The first one is amendment 162, which authorizes research into the
health effects of nearly 70 years of live fire training in the
municipality of Vieques.
As well, amendment 163 supports the Puerto Rico National Guard by
prohibiting the retirement of the current landing craft ships, or the
MAG boats, not only used in the aftermath of Hurricanes Irma and Maria
in 2019 and that were used again in March of this year. The Puerto Rico
National Guard has used these ships to provide lifesaving food, water,
and other equipment to the U.S. Virgin Islands, Vieques, and Culebra
after any natural disaster. We cannot afford to retire these ships
until they are replaced.
Lastly, will be amendment 164, which requires the Secretary of the
Army to allocate a Modular Small Arms Range to Puerto Rico. This is to
increase the readiness of the Armed Forces. Right now, Puerto Rico only
has a single firearms range for the Department of Defense personnel.
That means that there are numerous scheduling conflicts, and it
decreases the mission readiness on the island.
I think those amendments should be supported.
I want to thank Chairman Smith and Ranking Member Rogers; I really
appreciate all their good work on this NDAA. Included in this en bloc
are numerous provisions for the people of Puerto Rico as a territory.
Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the
gentlewoman from Michigan (Mrs. Lawrence).
Mrs. LAWRENCE. Mr. Speaker, I rise in support of the FY22 NDAA.
As the co-chair of the Democratic Women's Caucus, I am proud to see
two of my amendments, 238 and 239, included as part of this en bloc.
These amendments would help us understand the factors that influence
women servicemembers to stay in or leave the military as well as to
take action to improve mental health outcomes for pregnant veterans.
Unfortunately, pregnant veterans have been found to be
disproportionately impacted by mental health disorders and must be
given adequate support to prevent childbirth complications.
This language would encourage the VA to support the use of doulas for
expectant mothers and increase access for doulas for pregnant veterans.
This is a time we must come together in our support of the growing
number of women in the military.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1 minute to the gentleman
from Arkansas (Mr. Hill), my friend and an outstanding leader on the
Financial Services Committee.
Mr. HILL. Mr. Speaker, I thank the chairman of the committee and my
ranking member for the world-class work on this NDAA package.
This package contains two of my amendments. First, my bipartisan
bill, H.R. 3146, the SAVE Act, passed the House unanimously earlier
this year, is included as an amendment. The SAVE Act builds on the good
work of the Armed Services Committee to include important provisions to
counter China by improving the U.S. supply chain independence and
security.
Secondly, this en bloc includes my amendment to require the creation
of an interagency strategy within the United States Government to
disrupt and dismantle the production and trafficking of the drug
Captagon that is being produced by the Syrian regime led by Assad.
{time} 1800
In addition to regularly committing war crimes against his own
people, the Assad regime is now becoming a narco-state.
The United States Government must do all it can to disrupt this
industrial level of production of this drug currently taking place in
Syria.
I thank my friends for their support of these amendments, and I urge
support of this en bloc.
Mr. SMITH of Washington. Mr. Speaker, I have no further speakers, and
I am prepared to close, therefore, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I urge support of the amendments
en bloc, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Speaker, I urge support of the
amendments en bloc, and I yield back the balance of my time.
Miss GONZALEZ-COLON. Mr. Speaker, I rise in strong support of en bloc
package number two for the National Defense Authorization Act of 2022.
This bill includes three amendments that were submitted by my office
and will directly benefit the people of Puerto Rico and our Nation's
security.
Amendment 162 requires the Secretary of Defense to enter into an
agreement with the National Academy of Sciences for the purpose of
investigating the health effects on the island Municipality of Vieques
that may have been
[[Page H4989]]
caused by toxic waste left after nearly 70 years of live fire training.
This waste includes heavy metals like lead, cancer-causing fuel
chemicals, and even depleted uranium. In some locations, areas are so
contaminated that it is not safe for workers to collect samples.
While there are numerous studies from different government agencies
on this topic, including from the Centers for Disease Control and
Government Accountability Office, much work remains to be done to
further understand the consequences from this practice.
I am proud to say that this legislation now builds upon existing
research for this important topic.
Amendment number 163 prohibits the Secretary of Defense from retiring
the Landing Craft ships used by Puerto Rico's Army National Guard until
such time as an adequate replacement is provided.
These ships delivered critical food, water, and other materials to
Puerto Rico's noncontiguous islands of Vieques and Culebra, as well as
the US Virgin Islands, following the aftermath of Hurricane Maria.
The landing craft ships were scheduled to be retired this year,
however the adopted amendment prohibits this decommissioning until
replacement equipment arrives to Puerto Rico.
My third and last amendment, number 164, requires the Secretary of
the Army to allocate a Modular Small Arms Range to Puerto Rico.
Currently, Puerto Rico only has a single firearms range for
Department of Defense personnel.
This creates numerous scheduling conflicts and decreases mission
readiness.
Puerto Rico's own Fort Buchanan has the capacity to support a Modular
Small Arms Range. My office has met with both Army leaders who support
this request.
Let me close by noting that H.R. 4350 includes funding over 12
million dollars in funding for Fort Allen and 10 million for the Ramey
Unit School, under the energy resilience and conservation program.
Finally, H.R. 4350 includes 14 million under military construction for
Fort Buchanan in Puerto Rico. I am appreciative of the Armed Service
committees work and I look forward to seeing these projects to
completion.
I encourage my colleagues to vote in favor of en bloc number two.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendments en bloc, as modified,
offered by the gentleman from Washington (Mr. Smith).
The question is on the amendments en bloc, as modified, offered by
the gentleman from Washington (Mr. Smith).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 3 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Speaker, I have an amendment at the
desk.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 3 consisting of amendment Nos. 254, 255, 256, 257,
258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271,
272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285,
286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299,
300, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,
329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342,
343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356,
357, 358, 359, 360, 361, 362, 363, 364, and 365, printed in part C of
House Report 117-125, offered by Mr. Smith of Washington:
Amendment No. 254 Offered by Mr. Lynch of Massachusetts
Add at the end of title LX the following new section:
SEC. 60__. ESTABLISHMENT OF AFGHAN THREAT FINANCE CELL .
(a) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the President shall establish
an interagency organization to be known as the ``Afghan
Threat Finance Cell''.
(b) Mission.--The mission of the Afghan Threat Finance Cell
shall be to identify, disrupt, and eliminate illicit
financial networks in Afghanistan, particularly such networks
involved in narcotics trafficking, illicit financial
transactions, official corruption, and terrorist networks.
(c) Organization.--
(1) Membership.--The Afghan Threat Finance Cell shall
consist of representatives from elements of the United States
Government as follows:
(A) The Department of the Treasury.
(B) The Drug Enforcement Administration.
(C) The Department of State.
(D) The Department of Defense.
(E) The Federal Bureau of Investigation.
(F) The Internal Revenue Service.
(G) The Department of Homeland Security.
(H) The Defense Intelligence Agency.
(I) The Office of Foreign Assets Control of the Department
of the Treasury.
(J) The Central Intelligence Agency.
(K) Any other law enforcement agency or element of the
intelligence community that the Secretary of the Treasury,
the Administrator of the Drug Enforcement Administration, and
the Secretary of Defense jointly determine appropriate.
(2) Lead agencies.--The Department of the Treasury shall
serve as the lead agency of the Afghan Threat Finance Cell.
The Drug Enforcement Administration and the Department of
Defense shall serve as the co-deputy lead agencies of the
Afghan Threat Finance Cell.
(d) Coordination.--The Afghan Threat Finance Cell shall
regularly coordinate and consult with regional Financial
Intelligence Units, the international Financial Action Task
Force, and the Special Inspector General for Afghanistan
Reconstruction.
(e) Briefings.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Afghan Threat Finance Cell shall provide to the appropriate
congressional committees a briefing on the activities of the
Afghan Threat Finance Cell.
(2) Matters included.--Each briefing under paragraph (1)
shall include the following:
(A) An assessment of the activities undertaken by, and the
effectiveness of, the Afghan Threat Finance Cell in
identifying, disrupting, eliminating illicit financial
networks in Afghanistan, particularly such networks involved
in narcotics trafficking, illicit financial transactions,
official corruption, and terrorist networks.
(B) Any recommendations to Congress regarding legislative
or regulatory improvements necessary to support the
identification, disruption, and elimination of illicit
financial networks in Afghanistan.
(3) Form.--A briefing under paragraph (1) may be provided
in a classified form.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) The Committee on Financial Services, the Committee on
Reform, the Committee on the Judiciary, and the Committee on
Armed Services of the House of Representatives.
(B) The Committee on Banking, Housing, and Urban Affairs,
the Committee on Homeland Security and Governmental Affairs,
the Committee on the Judiciary, and the Committee on Armed
Services of the Senate.
(f) Termination.--
(1) In general.--Except as provided by paragraph (2), the
Afghan Threat Finance Cell shall terminate on the date that
is three years after the date of the enactment of this Act.
(2) Extension.--The President may extend the date under
paragraph (1) by an additional two years.
Amendment No. 255 Offered by Ms. Mace of South Carolina
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. SENSE OF CONGRESS ON DESIGNATION OF MILITARY HEART
HEALTH AWARENESS DAY.
It is the sense of Congress that there should be designated
a ``Military Heart Health Awareness Day''.
Amendment No. 256 Offered by Ms. Mace of South Carolina
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. PILOT PROGRAM TO IMPROVE MILITARY READINESS THROUGH
NUTRITION AND WELLNESS INITIATIVES.
(a) Pilot Program.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall carry out a pilot program to improve
military readiness through nutrition and wellness
initiatives.
(b) Unit Selection.--The Secretary of Defense shall select
for participation in the pilot program under subsection (a) a
unit at a basic training facility or an early instructional
facility of a military department.
(c) Elements.--The pilot program under subsection (a) shall
include the following activities:
(1) The development, and administration to the unit
selected pursuant to subsection (b), of an educational
curriculum relating to nutrition, physical fitness, the
proper use of supplements, and any other human performance
elements determined relevant by the Secretary of the military
department with jurisdiction over the unit.
(2) The provision to the unit of health-related testing.
(3) The provision to the unit of dietary supplements.
(d) Implementing Partner.--
(1) Selection.--The Secretary of Defense shall select as an
implementing partner a single contractor to both carry out
all of the
[[Page H4990]]
activities under subsection (c) and manufacture the dietary
supplements to be provided pursuant to subsection (c)(3) at a
manufacturing facility owned by the contractor. In making
such selection, the Secretary shall ensure that the
contractor enforces an appropriate level of third-party
review with respect to the quality and safety of products
manufactured, as determined by the Secretary.
(2) Considerations.-- In selecting the contractor under
paragraph (1), the Secretary shall consider the following:
(A) Whether the contractor has the ability to carry out
each activity under subsection (c), in addition to the
ability to manufacture the dietary supplements to be provided
pursuant to subsection (c)(3).
(B) Whether the manufacturing facility of the contractor is
a fully independent, third-party certified, manufacturing
facility that holds the highest ``Good Manufacturing
Practice'' certification or rating possible, as issued by a
regulatory agency of the Federal government.
(C) Whether the manufacturing facility of the contractor,
and all finished products manufactured therein, have been
verified by a third-party as free from banned substances and
contaminants.
(D) Whether the contractor is in compliance with the
adverse event reporting policy and third-party adverse event
monitoring policy of the Food and Drug Administration.
(E) Whether the contractor implements a stability testing
program that supports product expiration dating.
(F) Whether the contractor has a credible and robust
environment, social, and governance policy that articulates
responsibilities and annual goals.
(G) Whether the contractor has demonstrated at least five
years of operation as a business in good standing in the
industry.
(H) Whether the contractor has a demonstrated history of
maintaining relationships with nationally-recognized medical
and health organizations.
(e) Coordination.--In carrying out the pilot program under
subsection (a), the contractor selected under subsection (d)
shall coordinate with the following:
(1) Command, training, and medical officers and
noncommissioned officers.
(2) Outside experts (including experts with relevant
experience from research and testing organizations, credible
medical committees, or hospitals) that may lend personalized
support, capture data, and facilitate third-party adverse
event reporting.
(f) Duration.--The pilot program under subsection (a) shall
be for a period of six months.
(g) Report.--Upon the termination of the pilot program
under subsection (a), the Secretary of Defense shall submit
to the congressional defense committees a report on the
results of the pilot program, including any findings or data
from the pilot program, and a recommendation by the Secretary
of Defense for improvements to the readiness of the Armed
Forces based on such findings and data.
Amendment No. 257 Offered by Mr. Malinowski of New Jersey
Insert after title LIII of division E the following new
title:
TITLE LIV--SAUDI ARABIA ACCOUNTABILITY FOR GROSS VIOLATIONS OF HUMAN
RIGHTS ACT
SEC. 5401. SHORT TITLE.
This title may be cited as the ``Saudi Arabia
Accountability for Gross Violations of Human Rights Act''.
SEC. 5402. FINDINGS.
Congress finds the following:
(1) On October 2, 2018, Washington Post journalist Jamal
Khashoggi was murdered by Saudi Government agents in
Istanbul.
(2) According to the United Nations Special Rapporteur's
June 2019 report, Mr. Khashoggi contacted the Saudi Embassy
in Washington regarding required documentation he needed to
obtain from Saudi authorities and ``was told to obtain the
document from the Saudi embassy in Turkey''.
(3) According to press reports, Mr. Khashoggi's associates
were surveilled after having their phones infiltrated by
spyware.
(4) On July 15, 2019, the House of Representatives passed
by a margin of 405-7 the Saudi Arabia Human Rights and
Accountability Act of 2019 (H.R. 2037), which required--
(A) an unclassified report by the Director of National
Intelligence on parties responsible for Khashoggi's murder, a
requirement ultimately inserted into and passed as part of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92);
(B) visa sanctions on all persons identified in such
report; and
(C) a report on human rights in Saudi Arabia.
(5) On February 26, 2021, the Director of National
Intelligence released the report produced pursuant to
congressional direction, which stated, ``we assess that Saudi
Arabia's Crown Prince Muhammad bin Salman approved an
operation in Istanbul, Turkey to capture or kill Saudi
journalist Jamal Khashoggi.''. The report also identified
several individuals who ``participated in, ordered, or were
otherwise complicit in or responsible for the death of Jamal
Khashoggi on behalf of Muhammad bin Salman. We do not know
whether these individuals knew in advance that the operation
would result in Khashoggi's death.''.
(6) Section 7031(c) of division K of the Consolidated
Appropriations Act, 2021 states ``Officials of foreign
governments and their immediate family members about whom the
Secretary of State has credible information have been
involved, directly or indirectly, in. . .a gross violation of
human rights. . . shall be ineligible for entry into the
United States.''.
(7) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) provides that no letters of offer may be issued, no
credits or guarantees may be extended, and no export licenses
may be issued with respect to any country determined by the
President to be engaged in a ``consistent pattern of acts of
intimidation or harassment directed against individuals in
the United States''.
(8) Section 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2304) directs the President to formulate and conduct
international security assistance programs of the United
States in a manner which will ``promote and advance human
rights and avoid identification of the United States, through
such programs, with governments which deny to their people
internationally recognized human rights and fundamental
freedoms, in violation of international law or in
contravention of the policy of the United States''.
(9) Secretary of State Antony Blinken on February 26, 2021,
stated: ``As a matter of safety for all within our borders,
perpetrators targeting perceived dissidents on behalf of any
foreign government should not be permitted to reach American
soil. . . We have made absolutely clear that extraterritorial
threats and assaults by Saudi Arabia against activists,
dissidents, and journalists must end.''.
SEC. 5403. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LISTED
IN THE REPORT OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON THE MURDER OF JAMAL KHASHOGGI.
(a) Imposition of Sanctions.--On and after the date that is
60 days after the date of the enactment of this Act, the
sanctions described in subsection (b) shall be imposed with
respect to each foreign person listed in the Office of the
Director of National Intelligence report titled ``Assessing
the Saudi Government's Role in the Killing of Jamal
Khashoggi'', dated February 11, 2021.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Ineligibility for visas and admission to the united
states.--
(i) Inadmissibility to the United States.
(ii) Ineligibility to receive a visa or other documentation
to enter the United States.
(iii) Ineligibility to otherwise be admitted or paroled
into the United States or to receive any other benefit under
the Immigration and Nationality Act (8 U.S.C. 110et seq.).
(B) Current visas revoked.--
(i) Revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation is
or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the foreign person's possession.
(2) Exception to comply with international obligations.--
Sanctions under paragraph (1) shall not apply with respect to
a foreign person if admitting or paroling the person into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(3) Waiver in the interest of national security.--The
President may waive for an individual entry into the United
States the application of this section with respect to a
foreign person who is A-1 visa eligible and who is present in
or seeking admission into the United States for purposes of
official business if the President determines and transmits
to the appropriate congressional committees an unclassified
written notice and justification not later than 15 days
before the granting of such waiver, that such a waiver is in
the national security interests of the United States.
(c) Suspension of Sanctions.--
(1) In general.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under
this section if the President certifies to the appropriate
congressional committees that the following criteria have
been met in Saudi Arabia:
(A) The Government of Saudi Arabia is not arbitrarily
detaining citizens or legal residents of the United States
for arbitrary political reasons, including criticism of Saudi
government policies, peaceful advocacy of political beliefs,
or the pursuit of United States citizenship.
(B) The Government of Saudi Arabia is cooperating in
outstanding criminal proceedings in the United States in
which a Saudi citizen or national departed from the United
States while the citizen or national was awaiting trial or
sentencing for a criminal offense committed in the United
States.
(C) The Government of Saudi Arabia has made significant
numerical reductions in individuals detained for peaceful
political reasons, including activists, journalists,
bloggers, lawyers, or critics.
[[Page H4991]]
(D) The Government of Saudi Arabia has disbanded any units
of its intelligence or security apparatus dedicated to the
forced repatriation of dissidents or critical voices in other
countries.
(E) The Government of Saudi Arabia has made meaningful
public commitments to uphold internationally recognized
standards governing the use, sale, and transfer of digital
surveillance items and services that can be used to abuse
human rights.
(F) The Government of Saudi Arabia has instituted
meaningful legal reforms to protect the rights of women, the
rights of freedom of expression and religion, and due process
in its judicial system.
(2) Report.--Accompanying the certification described in
paragraph (1), the President shall submit to the appropriate
congressional committees a report that contains a detailed
description of Saudi Arabia's adherence to the criteria
described in the certification.
(d) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Select Committee on Intelligence of
the Senate.
(3) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code
of Federal Regulations (as in effect on the day before the
date of the enactment of this Act), except that such term
does not include an entity (as such term is described in such
section).
(4) Foreign person who is a-1 visa eligible.--The term
``foreign person who is A-1 visa eligible'' means an alien
described in section 101(a)(15)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 5404. REPORT ON INTIMIDATION OR HARASSMENT DIRECTED
AGAINST INDIVIDUALS IN THE UNITED STATES AND
OTHER MATTERS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Director of
National Intelligence and the Director of the Federal Bureau
of Investigation, shall submit to the appropriate
congressional committees a report identifying any entities,
instrumentalities, or agents of the Government of Saudi
Arabia engaged in ``a consistent pattern of acts of
intimidation or harassment directed against individuals in
the United States'' pursuant to section 6 of the Arms Export
Control Act (22 U.S.C. 2756).
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A detailed description of such acts in the preceding
period.
(2) A certification of whether such acts during the
preceding period constitute a ``consistent pattern of acts of
intimidation or harassment directed against individuals in
the United States'' pursuant to section 6 of the Arms Export
Control Act (22 U.S.C. 2756).
(3) A determination of whether any United States-origin
defense articles were used in the commission of such acts.
(4) A determination of whether entities, instrumentalities,
or agents of the Government of Saudi Arabia supported or
received support from foreign governments, including China,
in the commission of such acts.
(5) Any actions taken by the United States Government to
deter incidents of intimidation or harassment directed
against individuals in the United States.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate.
SEC. 5405. REPORT ON EFFORTS TO UPHOLD HUMAN RIGHTS IN UNITED
STATES SECURITY ASSISTANCE PROGRAMS WITH THE
GOVERNMENT OF SAUDI ARABIA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representative
and the Committee on Foreign Relations of the Senate a report
on efforts of the Department of State to ensure that United
States security assistance programs with Saudi Arabia are
formulated in a manner that will ``avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms'' in accordance with section
502B of the Foreign Assistance Act (22 U.S.C. 2304).
SEC. 5406. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN
PERSONS ON THE MURDER OF JAMAL KHASHOGGI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report
on private, commercial, and nongovernmental entities,
including non-profit foundations, controlled in whole or in
part by any foreign person named in the Office of the
Director of National Intelligence report titled ``Assessing
the Saudi Government's Role in the Killing of Jamal
Khashoggi'', dated February 11, 2021.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of such entities.
(2) A detailed assessment, based in part on credible open
sources and other publicly-available information, of the
roles, if any, such entities played in the murder of Jamal
Khashoggi or any other gross violations of internationally
recognized human rights.
(3) A certification of whether any such entity is subject
to sanctions pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note).
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
Amendment No. 258 Offered by Mr. Malinowski of New jersey
At the end of subtitle C of title XIII, add the following:
SEC. 13_. MODIFICATION OF AUTHORITY OF THE PRESIDENT UNDER
THE EXPORT CONTROL REFORM ACT OF 2018.
Section 1753(a)(2)(F) of the Export Control Reform Act of
2018 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``,
security, or'' before ``intelligence''.
Amendment No. 259 Offered by Mr. Malinowski of New Jersey
At the end of subtitle C of title XIII, insert the
following:
SEC. 13__. REPORT ON INCIDENTS OF ARBITRARY DETENTION,
VIOLENCE, AND STATE-SANCTIONED HARASSMENT BY
THE GOVERNMENT OF EGYPT AGAINST AMERICANS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a report on
incidents of arbitrary detention, violence, and state-
sanctioned harassment by the Government of Egypt against
United States citizens, individuals in the United States, and
their family members who are not United States citizens, in
both Egypt and in the United States.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A detailed description of such incidents in the past
three years.
(2) A determination of whether such incidents constitute a
pattern of acts of intimidation or harassment; and
(3) Actions taken to meaningfully deter incidents of
intimidation or harassment against Americans, individuals in
the United States, and their families by such government's
security agencies.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but the portions of the
report described in paragraphs (2) and (3) may contain a
classified annex, so long as such annex is provided
separately from the unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
Amendment No. 260 Offered by Mr. Malinowski of New Jersey
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. REPORT AND DETERMINATION ON EXTRAJUDICIAL KILLINGS
AND TORTURE BY EGYPTIAN GOVERNMENT SECURITY
FORCES.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a report on
incidents of state-sanctioned extrajudicial killings and
torture by the security forces of the Government of Egypt.
[[Page H4992]]
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) A detailed description of incidents of state-sanctioned
extrajudicial killings and torture by the security forces of
the Government of Egypt in the seven years immediately
preceding the submission of such report.
(2) A determination of whether such incidents constitute a
consistent pattern of gross violations of internationally
recognized human rights.
(3) An identification of the unit names of any Egyptian
security forces added to the Department of State-administered
list of units to which security assistance may not be
furnished pursuant to any reports containing credible
information on extrajudicial killings and torture, which
reports were received in the seven years immediately
preceding the submission of the report required under
subsection (a).
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but the portions of the
report described in paragraphs (2) and (3) may contain a
classified annex if such annex is provided separately from
such unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the congressional defense committees and--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
Amendment No. 261 Offered by Mr. Malinowski of New Jersey
At the appropriate place in title LX of division E, insert
the following:
SEC. __. DETERMINATION OF POTENTIAL GENOCIDE OR CRIMES
AGAINST HUMANITY IN ETHIOPIA.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, after
consultation with the heads of other Federal departments and
agencies represented on the Atrocity Early Warning Task Force
and with representatives of human rights organizations, shall
submit to the appropriate congressional committees a
determination whether actions in the Tigray region of
Ethiopia by the Ethiopian and Eritrean armed forces
constitute genocide as defined in section 1091 of title 18,
United States Code, or crimes against humanity.
(b) Form.--The determination required under subsection (a)
shall be submitted in unclassified form and published on a
publicly available website of the Department of State, but
may include a classified annex if such annex is provided
separately from the unclassified determination.
(c) Appropriate Congressional Committees.--For purposes of
this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
Amendment No. 262 Offered by Mr. Malinowski of New Jersey
Add at the end of title LX of division E the following:
SEC. ___. ATTORNEY GENERAL REPORT ON WAR CRIMES AND TORTURE
BY UNITED STATES CITIZENS IN LIBYA.
(a) Report.--Not later than 180 days after receiving a
credible allegation of the commission of a covered offense,
including from a nongovernmental organization that monitors
violations of human rights, the Secretary of State, in
consultation with the Attorney General, shall submit to the
appropriate congressional committees a report on such
allegations, including a determination as to whether the
Attorney General will review or consider reviewing such
allegation for potential criminal investigation, and a
description of any challenges to prosecution.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the Committees on the Judiciary of the House of
Representatives and of the Senate, the Committees on Armed
Services of the House of Representatives and of the Senate,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate.
(2) The term ``covered offense'' means an offense under
section 2441, 2442, or 2340A of title 18, United States Code,
committed in Libya by or at the order of a United States
citizen.
Amendment No. 263 Offered by Mr. Malinowski of New Jersey
At the end of title LX of division E, add the following:
SEC. 6013. REVIEW OF IMPLEMENTATION OF UNITED STATES
SANCTIONS WITH RESPECT TO VIOLATORS OF THE ARMS
EMBARGO ON LIBYA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees an unclassified report
that describes whether the President has determined the
persons described in subsection (b) meet the criteria for the
imposition of sanctions under section 1(a) of Executive Order
13726 (81 Fed. Reg. 23559; relating to blocking property and
suspending entry into the United States of persons
contributing to the situation in Libya).
(b) Persons.--For purposes of the determination required
under subsection (a), the President shall consider all
private companies listed for facilitating violations of the
United Nations arms embargo on Libya in the report of the
United Nations Panel of Experts entitled ``Letter dated 8
March 2021 from the Panel of Experts on Libya established
pursuant to resolution 1973 (2011) addressed to the President
of the Security Council'', including the following:
(1) Maritime vessels, including MV Pray, MV Bana, MV
Cirkin, MV Gulf Petroleum 4, MV Single Eagle, and MV Sunrise
Ace.
(2) Corporate facilitators of arms embargo violations,
including Lancaster 6 DMCC, L-6 FZE, and Opus Capital Asset
Limited FZE.
(3) Aircraft operators, including Sovereign Charterers
Limited, Zet Avia LLC, Sky Avia Trans LLC, Panzer Logistics
Limited, Deek Aviation FZE, Jenis Air LLC, and Space Cargo
Incorporated.
(4) Mercenary recruiters and facilitators, including Black
Shield Security Services.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
Amendment No. 264 Offered by Mr. Malinowski of New Jersey
Page 1390, after line 19, add the following new section
(and update the table of contents accordingly):
SEC. 6013. PROHIBITION OF FEDERAL FUNDING FOR INDUCED OR
REQUIRED UNDERMINING OF SECURITY OF CONSUMER
COMMUNICATIONS GOODS.
(a) Prohibition.--None of the funds made available in this
or any other Act may be used by any Federal agency to
require, support, pay, or otherwise induce any private sector
provider of consumer software and hardware to--
(1) intentionally add any security vulnerability or weaken
or omit any safeguard in the standards, items, or services of
the provider;
(2) remove or omit any information security function,
mechanism, service, or solution from the items or services of
the provider; or
(3) take any action that--
(A) undermines, circumvents, defeats, bypasses, or
otherwise counteracts the end-to-end encryption of the item
or service of the provider;
(B) prevents an item or service from adopting end-to-end
encryption; or
(C) otherwise makes an unencrypted version of the end-to-
end encrypted content of any communication, file, or data of
the item or service of the provider available to any person
or entity other than the intended recipients.
(b) Federal Agency Defined.--In this section, the term
``Federal agency'' means any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch
of the Government (including the Executive Office of the
President), or any independent regulatory agency.
amendment no. 265 offered by mr. malinowski of new jersey
At the end of subtitle B of title XVI, add the following
new section:
SEC. 16__. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORTS ON
VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (Public Law 116-92; 50 U.S.C. 3316a) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``classified'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following new subparagraphs:
``(E) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process;
``(F) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process known to have been patched;
``(G) the number of times the Vulnerabilities Equities
Process resulted in a decision to disclose a vulnerability;
``(H) the number of times the Vulnerabilities Equities
Process resulted in a decision not to disclose a
vulnerability;
``(I) the number of times a decision described in
subparagraph (G) was the result of a unanimous agreement of
the participants in the Vulnerabilities Equities Process;
``(J) the number of times a decision described in
subparagraph (H) was the result of a unanimous agreement of
the participants in the Vulnerabilities Equities Process;
``(K) the number of appeals made through the
Vulnerabilities Equities Process by participants in such
process of a preliminary determination to disclose a
vulnerability;
[[Page H4993]]
``(L) the number of appeals made through the
Vulnerabilities Equities Process by participants in such
process of a preliminary determination not to disclose a
vulnerability;
``(M) the number of times a preliminary determination was
reversed pursuant to an appeal described in subparagraph (K);
and
``(N) the number of times a preliminary determination was
reversed pursuant to an appeal described in subparagraph
(L).''; and
(2) by amending paragraph (2) to read as follows:
``(2) Form and publication.--
``(A) Form.--Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
``(B) Publication.--The Director shall make available to
the public the unclassified portion of each report submitted
under paragraph (1).''.
amendment no. 266 offered by mr. malinowski of new jersey
At the appropriate place in title LX of division E, insert
the following:
SEC. __. ANNUAL REPORT ON SURVEILLANCE SALES TO REPRESSIVE
GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until
2040, the Secretary of State, in coordination with the
Director of National Intelligence, shall submit to the
Committee on Foreign Affairs and Permanent Select Committee
on Intelligence of the House of Representatives and the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate a report with respect to foreign
persons that the Secretary determines--
(1) have operated, sold, leased, or otherwise provided,
directly or indirectly, items or services related to targeted
digital surveillance to--
(A) a foreign government or entity located primarily inside
a foreign country where a reasonable person would assess that
such transfer could result in a use of the items or services
in a manner contrary to human rights; or
(B) a country including any governmental unit thereof,
entity, or other person determined by the Secretary of State
in a notice published in the Federal Register to have used
items or services for targeted digital surveillance in a
manner contrary to human rights; or
(2) have materially assisted, sponsored, or provided
financial, material, or technological support for, or items
or services to or in support of, the activities described in
paragraph (1).
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) The name of each foreign person that the Secretary
determines meets the requirements of subsection (a)(1) or
(a)(2).
(2) The name of each intended and actual recipient of items
or services described in subsection (a).
(3) A detailed description of such items or services.
(4) An analysis of the appropriateness of including the
persons listed in (b)(1) on the entity list maintained by the
Bureau of Industry and Security.
(c) Consultation.--In compiling data and making assessments
for the purposes of preparing the report required by
subsection (a), the Secretary of State shall consult with a
wide range of organizations, including with respect to--
(1) classified and unclassified information provided by the
Director of National Intelligence;
(2) information provided by the Bureau of Democracy, Human
Rights, and Labor's Internet Freedom, Business and Human
Rights section;
(3) information provided by the Department of Commerce,
including the Bureau of Industry and Security;
(4) information provided by the advisory committees
established by the Secretary to advise the Under Secretary of
Commerce for Industry and Security on controls under the
Export Administration Regulations, including the Emerging
Technology and Research Advisory Committee; and
(5) information on human rights and technology matters, as
solicited from civil society and human rights organizations
through regular consultative processes; and
(6) information contained in the Country Reports on Human
Rights Practices published annually by the Department of
State.
(d) Form and Public Availability of Report.--The report
required by subsection (a) shall be submitted in unclassified
form. The report shall be posted by the President not later
than 14 days after being submitted to Congress on a text-
based, searchable, and publicly available internet website.
(e) Definitions.--In this section:
(1) Targeted digital surveillance.--The term ``targeted
digital surveillance'' means the use of items or services
that enable an individual or entity to detect, monitor,
intercept, collect, exploit, preserve, protect, transmit,
retain, or otherwise gain access to the communications,
protected information, work product, browsing data, research,
identifying information, location history, or online and
offline activities of other individuals, organizations, or
entities, with or without the explicit authorization of such
individuals, organizations, or entities.
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) In a manner contrary to human rights.--The term ``in a
manner contrary to human rights'', with respect to targeted
digital surveillance, means engaging in targeted digital
surveillance--
(A) in violation of basic human rights, including to
silence dissent, sanction criticism, punish independent
reporting (and sources for that reporting), manipulate or
interfere with democratic or electoral processes, persecute
minorities or vulnerable groups, or target advocates or
practitioners of human rights and democratic rights
(including activists, journalists, artists, minority
communities, or opposition politicians); or
(B) in a country in which there is lacking a minimum legal
framework governing its use, including established--
(i) authorization under laws that are accessible, precise,
and available to the public;
(ii) constraints limiting its use under principles of
necessity, proportionality, and legitimacy;
(iii) oversight by bodies independent of the government's
executive agencies;
(iv) involvement of an independent and impartial judiciary
branch in authorizing its use; or
(v) legal remedies in case of abuse.
amendment no. 267 offered by mr. malinowski of new jersey
At the end of title LX of division E, add the following:
SEC. 6013. REVIEW OF SANCTIONS WITH RESPECT TO RUSSIAN
KLEPTOCRATS AND HUMAN RIGHTS ABUSERS.
(a) Determination With Respect to Imposition of
Sanctions.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a determination,
including a detailed justification, of whether any person
listed in subsection (b) meets the criteria for the
imposition of sanctions pursuant to section 1263(b) of the
Global Magnitsky Human Rights Accountability Act (subtitle F
of title XII of Public Law 114-328; 22 U.S.C. 2656).
(b) Persons Listed.--The persons listed in this subsection,
which include Russian persons and current and former Russian
government officials, are the following:
(1) Roman Abramovich, businessman.
(2) Denis Bortnikov, Deputy President and Chairman of the
Management Board of VTB Bank.
(3) Andrey Kostin, President and Chairman of the Management
Board of VTB Bank.
(4) Dmitry Patrushev, Minister of Agriculture.
(5) Igor Shuvalov, Chairman of the State Development
Corporation VEB.
(6) Alisher Usmanov, businessman.
(7) Oleg Deripaska, businessman.
(8) Alexei Miller, Chairman of the Management Committee of
Gazprom.
(9) Igor Sechin, Chairman of the Management Board of
Rosneft.
(10) Gennady Timchenko, businessman.
(11) Nikolai Tokarev, Chairman of Transneft.
(12) Andrey Vorobyev, Governor of the Moscow Region XIII.
(13) Mikhail Murashko, Minister of Health.
(14) Vladimir Solovyev, media personality.
(15) Alexander Bastrykin, Head of the Investigative
Committee.
(16) Alexander Bortnikov, Director of the Federal Security
Service (FSB).
(17) Konstantin Ernst, Chief Executive Officer of Channel
One TV station.
(18) Victor Gavrilov, Head of the Department of Transport
of the Economic Security Service.
(19) Dmitry Ivanov, Head of Chelyabinsk FSB.
(20) Alexander Kalashnikov, Director of the Federal
Penitentiary Service (FSIN).
(21) Sergei Kirienko, First Deputy Head of the Presidential
Administration.
(22) Elena Morozova, Judge of Khimki District Court.
(23) Denis Popov, Chief Prosecutor of Moscow.
(24) Margarita Simonyan, Editor-in-Chief of RT.
(25) Igor Yanchuk, Head of the Khimki Police Department.
(26) Victor Zolotov, Director of the National Guard.
(27) Alexander Beglov, Governor of St. Petersburg.
(28) Yuri Chaika, former Prosecutor General.
(29) Andrei Kartapolov, Deputy Defense Minister.
(30) Pavel Krasheninnikov, Parliamentarian and former
Justice Minister.
(31) Mikhail Mishustin, Prime Minister of Russia.
(32) Ella Pamfilova, Head of Central Electoral Commission.
(33) Dmitry Peskov, Presidential Press Secretary.
(34) Sergei Sobyanin, Mayor of Moscow.
(35) Anton Vaino, Head of the Presidential Administration.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
amendment no. 268 offered by ms. malliotakis of new york
At the appropriate place in subtitle C of title XII, insert
the following:
[[Page H4994]]
SEC. 12__. REPORT ON IRANIAN OPERATIONS ON UNITED STATES
SOIL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report, including a
strategy described in subsection (b)(4), that contains a
description of malign operations by Iran conducted on United
States soil.
(b) Elements.--The report required by subsection (a) shall
also include the following elements:
(1) A public list of all Iran-backed terrorist attacks,
kidnapping, export violations, sanctions busting activities,
cyber-attacks, and money laundering operations on United
States soil since 1979, including attempts at such activities
that resulted in the filing of criminal charges.
(2) The actions of the United States in response to each
activity or attempted activity listed pursuant to paragraph
(1).
(3) A description of what persons, entities, and
governments have aided Iran in such malign activities on
United States soil, including terrorist organizations.
(4) A strategy to prevent Iran from kidnapping American
citizens and to deter Iran from conducting or planning
operations such as the foiled plot to kidnap Masih Alinejad.
(c) Form.--The report and strategy required by subsection
(a) shall be submitted in unclassified form, but may include
a classified annex. It shall also be publicly available on a
website operated by the Federal Government.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives.
amendment no. 269 offered by ms. manning of north carolina
Page 780, after line 1, insert the following:
(5) The Bab el-Mandeb Strait.
Page 780, line 2, strike ``(5)'' and insert ``(6)''.
amendment no. 270 offered by ms. manning of north carolina
Page 1014, line 19, strike ``that'' and insert ``that--''.
Page 1014, strike lines 20 through page 1015, line 2, and
insert the following:
(1) is intended to cause the death of, or serious bodily
injury to, any member of the United States Armed Forces,
whether through direct means or indirect means, including
through a promise or agreement by the foreign government to
pay anything of pecuniary value to an individual or
organization in exchange for causing such death or injury; or
(2) with respect to such a foreign government that the
Secretary of State has determined, for purposes of section
1754(c) of the Export Controls Act of 2018 (50 U.S.C. 4813),
is a government that has repeatedly provided support for acts
of international terrorism, is intended to cause the
abduction, death of, or serious bodily injury to, any citizen
or resident of the United States located in the United
States, whether through direct or such indirect means.
Page 1015, line 16, insert before the period the following:
``or citizens or residents of the United States described in
paragraph (2) of such subsection''.
Page 1016, line 2, insert before the period the following:
``or citizen or resident of the United States described in
paragraph (2) of such subsection, or the abduction of such a
citizen or resident''.
amendment no. 271 offered by ms. manning of north carolina
At the end of subtitle B of title XII, insert the following:
SEC. 12__. SENSE OF CONGRESS ON WOMEN AND GILRS IN
AFGHANISTAN.
It is the sense of Congress that--
(1) the international community should condemn acts of violence
against Afghan women and girls; and
(2) Afghan women desere the right to vote, work, obtain an education,
or otherwise participate in the civic affairs of Afghanistan.
Amendment No. 272 Offered by Ms. Manning of North Carolina
In section 2843, relating to consideration of anticipated
increased share of electric vehicles in Department of Defense
vehicle fleet and owned by members of the Armed Forces and
Department employees, add at the end of subsection (b) the
following new paragraph:
(3) Electric vehicle education-related uses.--In addition
to the determinations required by subsections (c) through
(f), the Secretary of a military department shall consider
the potential benefits in terms of cost and emissions savings
of increasing the use of electric vehicles to transport
dependents of members of the Armed Forces and Department of
Defense employees to facilities of the Defense Department
education activity and the resulting need for additional
charging stations.
Amendment No. 273 Offered by Ms. Manning of North Carolina
Page 898, insert after line 12 the following:
(c) Oversight of Evacuation.--Not later than 60 days after
the date of enactment, the Secretary of Defense shall, in
consultation with the Secretary of State, appoint an official
to assist with the State Department on the continued
evacuation of American nationals, special immigrant visa
petitioners, and other Afghans at risk. The appointment shall
terminate on the last day of the fiscal year that begins
after the date of such appointment, except that the Secretary
of Defense, in consultation with the Secretary of State may
extend such appointment for an additional period of 1 fiscal
year.
Amendment No. 274 Offered by Mr. McCarthy of California
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. BIENNIAL ASSESSMENTS OF THE AIR FORCE RESEARCH
LABORATORY, AEROSPACE SYSTEMS DIRECTORATE,
ROCKET PROPULSION DIVISION.
(a) Assessments Required.--Not later than 30 days after the
date on which the President's budget is submitted to Congress
under section 1105(a) of title 31, United States Code, for
each of fiscal years 2023 and 2025, the Secretary of the Air
Force shall submit to the congressional defense committees an
assessment of the Air Force Research Laboratory, Aerospace
Systems Directorate, Rocket Propulsion Division.
(b) Elements.--Each assessment under subsection (a) shall
include, for the period covered by the assessment, a
description of--
(1) any challenges of the Air Force Research Laboratory,
Aerospace Systems Directorate, Rocket Propulsion Division
with respect to completing its mission, including with
respect to test activities and infrastructure; and
(2) the plan of the Secretary to address such challenges.
Amendment No. 275 Offered by Mr. McCaul of Texas
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.
(a) Trans-Sahara Counterterrorism Partnership Program.--
(1) Establishment.--The Secretary of State, in consultation
with the Secretary of Defense and the Administrator of the
United States Agency for International Development, shall
establish a partnership program, to be known as the ``Trans-
Sahara Counterterrorism Partnership (TSCTP) Program'' to
coordinate all programs, projects, and activities of the
United States Government in countries in North and West
Africa that are conducted for any of the following purposes:
(A) To improve governance and the capacities of countries
in North and West Africa to deliver basic services,
particularly with at-risk communities, as a means of
countering terrorism and violent extremism by enhancing state
legitimacy and authority and countering corruption.
(B) To address the factors that make people and communities
vulnerable to recruitment by terrorist and violent extremist
organizations, including economic vulnerability and mistrust
of government and government security forces, through
activities such as--
(i) supporting strategies that increase youth employment
opportunities;
(ii) promoting girls' education and women's political
participation;
(iii) strengthening local governance and civil society
capacity;
(iv) improving government transparency and accountability;
(v) fighting corruption;
(vi) improving access to economic opportunities; and
(vii) other development activities necessary to support
community resilience.
(C) To strengthen the rule of law in such countries,
including by enhancing the capability of the judicial
institutions to independently, transparently, and credibly
deter, investigate, and prosecute acts of terrorism and
violent extremism.
(D) To improve the ability of military and law enforcement
entities in partner countries to detect, disrupt, respond to,
and prosecute violent extremist and terrorist activity while
respecting human rights, and to cooperate with the United
States and other partner countries on counterterrorism and
counter-extremism efforts.
(E) To enhance the border security capacity of partner
countries, including the ability to monitor, detain, and
interdict terrorists.
(F) To identify, monitor, disrupt, and counter the human
capital and financing pipelines of terrorism.
(G) To support the free expression and operations of
independent, local-language media, particularly in rural
areas, while countering the media operations and recruitment
propaganda of terrorist and violent extremist organizations.
(2) Assistance framework.--Activities carried out under the
TSCTP Program shall--
(A) be carried out in countries where the Secretary of
State, in consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development, determines that there is an adequate level of
partner country commitment, and has considered partner
country needs, absorptive capacity, sustainment capacity, and
efforts of other donors in the sector;
(B) have clearly defined outcomes;
[[Page H4995]]
(C) be closely coordinated among United States diplomatic
and development missions, United States Africa Command, and
relevant participating departments and agencies;
(D) have specific plans with robust indicators to regularly
monitor and evaluate outcomes and impact;
(E) complement and enhance efforts to promote democratic
governance, the rule of law, human rights, and economic
growth;
(F) in the case of train and equip programs, complement
longer-term security sector institution-building; and
(G) have mechanisms in place to track resources and
routinely monitor and evaluate the efficacy of relevant
programs.
(3) Consultation.--In coordinating activities through the
TSCTP Program, the Secretary of State shall also establish a
coordination mechanism that ensures periodic consultation
with, as appropriate, the Director of National Intelligence,
the Secretary of the Treasury, the Attorney General, the
Chief Executive Officer of the United States Agency for
Global Media (formerly known as the Broadcasting Board of
Governors), and the heads of other relevant Federal
departments and agencies, as determined by the President.
(4) Congressional notification.--Not later than 15 days
before obligating amounts for an activity of the TSCTP
Program pursuant to paragraph (1), the Secretary of State
shall submit a notification to the appropriate congressional
committees, in accordance with the requirements of section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1), that includes the following:
(A) The foreign country and entity, as applicable, whose
capabilities are to be enhanced in accordance with the
purposes specified in paragraph (1).
(B) The amount, type, and purpose of support to be
provided.
(C) An assessment of the capacity of the foreign country to
effectively implement, benefit from, or utilize the
assistance to be provided for the intended purpose.
(D) The anticipated implementation timeline for the
activity.
(E) As applicable, a description of the plans to sustain
any military or security equipment provided beyond the
completion date of such activity, and the estimated cost and
source of funds to support such sustainment.
(b) International Coordination.--Efforts carried out under
this section shall take into account partner country
counterterrorism, counter-extremism, and development
strategies and, to the extent practicable, shall be aligned
with such strategies. Such efforts shall be coordinated with
counterterrorism and counter-extremism activities and
programs in the areas of defense, diplomacy, and development
carried out by other like-minded donors and international
organizations in the relevant country.
(c) Strategies.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development and other relevant Federal Government agencies,
shall submit to the appropriate congressional committees the
following strategies:
(1) A comprehensive five-year strategy for the sahel-
maghreb.--A comprehensive five-year strategy for the Sahel-
Maghreb, including details related to whole-of-government
efforts in the areas of defense, diplomacy, and development
to advance the national security, economic, and humanitarian
interests of the United States, including--
(A) efforts to ensure coordination with multilateral and
bilateral partners, such as the Joint Force of the Group of
Five of the Sahel, and with other relevant assistance
frameworks;
(B) a public diplomacy strategy and actions to ensure that
populations in the Sahel-Maghreb are aware of the development
activities of the United States Government, especially in
countries with a significant Department of Defense presence
or engagement through train and equip programs;
(C) activities aimed at supporting democratic institutions
and countering violent extremism with measurable goals and
transparent benchmarks;
(D) plans to help each partner country address humanitarian
and development needs and to help prevent, respond to, and
mitigate intercommunal violence;
(E) a comprehensive plan to support security sector reform
in each partner country that includes a detailed section on
programs and activities being undertaken by relevant
stakeholders and other international actors operating in the
sector and that incorporates as appropriate any lessons
learned from previous initiatives to improve security sector
governance; and
(F) a specific strategy for Mali that includes plans for
sustained, high-level diplomatic engagement with
stakeholders, including countries in Europe and the Middle
East with interests in the Sahel-Maghreb, regional
governments, relevant multilateral organizations, signatory
groups of the 2015 Agreement for Peace and Reconciliation in
Mali, and civil society actors.
(2) A comprehensive five-year strategy for tsctp program
counterterrorism efforts.--A comprehensive five-year strategy
for the TSCTP Program that includes--
(A) a clear statement of the objectives of United States
counterterrorism efforts in North and West Africa with
respect to the use of all forms of United States assistance
to combat terrorism and counter violent extremism, including
efforts to build military and civilian law enforcement
capacity, strengthen the rule of law, promote responsive and
accountable governance, and address the root causes of
terrorism and violent extremism;
(B) a plan for coordinating programs through the TSCTP
Program pursuant to subsection (a)(1), including an
identification of which agency or bureau of the Department of
State, as applicable, will be responsible for leading,
coordinating, and conducting monitoring and evaluation for
each such program, and the process for enabling the leading
agency or bureau to establish standards, compel partners to
adhere to those standards, and report results;
(C) a plan to monitor, evaluate, and share data and
learning about the TSCTP Program that includes quantifiable
baselines, targets, and results in accordance with monitoring
and evaluation provisions of sections 3 and 4 of the Foreign
Aid Transparency and Accountability Act of 2016 (Public Law
114-191); and
(D) a plan for ensuring coordination and compliance with
related requirements in United States law, including the
Global Fragility Act of 2019 (title V of division J of the
Further Consolidated Appropriations Act, 2020 (Public Law
116-94)).
(3) Consultation.--Not later than 90 days after the date of
the enactment of this Act, the Department of State shall
consult with appropriate congressional committees on progress
made towards developing the strategies required in paragraphs
(1) and (2).
(d) Supporting Material in Annual Budget Request.--The
Secretary of State shall include in the budget materials
submitted to Congress in support of the President's annual
budget request (submitted to Congress pursuant to section
1105 of title 31, United States Code) for each fiscal year
beginning after the date of the enactment of this Act, and
annually thereafter for five years, a description of the
requirements, activities, and planned allocation of amounts
requested by the TSCTP Program. This requirement does not
apply to activities of the Department of Defense conducted
pursuant to authorities under title 10, United States Code.
(e) Monitoring and Evaluation of Programs and Activities.--
Not later than one year after the date of the enactment of
this Act, and annually thereafter for five years, the
Secretary of State, in consultation with the Secretary of
Defense and the Administrator of the United States Agency for
International Development, shall submit to the appropriate
congressional committees a report that describes--
(1) the progress made in meeting the objectives of the
strategies required under paragraphs (1) and (2) of
subsection (c), including any lessons learned in carrying out
TSCTP Program activities and any recommendations for
improving such programs and activities;
(2) the efforts taken to coordinate, de-conflict, and
streamline TSCTP Program activities to maximize resource
effectiveness;
(3) the extent to which each partner country has
demonstrated the ability to absorb the equipment or training
provided in the previous year under the TSCTP Program, and
where applicable, the ability to maintain and appropriately
utilize such equipment;
(4) the extent to which each partner country is investing
its own resources to advance the goals described in
subsection (a)(1) or is demonstrating a commitment and
willingness to cooperate with the United States to advance
such goals;
(5) the actions taken by the government of each partner
country receiving assistance under the TSCTP Program to
combat corruption, improve transparency and accountability,
and promote other forms of democratic governance;
(6) the assistance provided in each of the three preceding
fiscal years under this program, broken down by partner
country, to include the type, statutory authorization, and
purpose of all United States security assistance provided to
the country pursuant to authorities under title 10, United
States Code, the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), or any other ``train and equip'' authorities
of the Department of Defense; and
(7) any changes or updates to the Comprehensive Five-Year
Strategy for the TSCTP Program required under paragraph (2)
of subsection (c) necessitated by the findings in this annual
report.
(f) Reporting Requirement Related to Audit of Bureau of
African Affairs Monitoring and Coordination of the Trans-
Sahara Counterterrorism Partnership Program.--Not later than
90 days after the date of the enactment of this Act, and
every 120 days thereafter until all 13 recommendations in the
September 2020 Department of State Office of Inspector
General audit entitled ``Audit of the Department of State
Bureau of African Affairs Monitoring and Coordination of the
Trans-Sahara Counterterrorism Partnership Program'' (AUD-
MERO-20-42) are closed or until the date that is three years
after the date of the enactment of this Act, whichever is
earlier, the Secretary of State shall submit to the
appropriate congressional committees a report that
identifies--
(1) which of the 13 recommendations in AUD-MERO-20-42 have
not been closed;
(2) a description of progress made since the last report
toward closing each recommendation identified under paragraph
(1);
(3) additional resources needed, including assessment of
staffing capacity, if any, to
[[Page H4996]]
complete action required to close each recommendation
identified under paragraph (1); and
(4) the anticipated timeline for completion of action
required to close each recommendation identified under
paragraph (1), including application of all recommendations
into all existing security assistance programs managed by the
Department of State under the TSCTP Program.
(g) Program Administration.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of State
shall report to Congress plans for conducting a written
review of a representative sample of each of the security
assistance programs administered by the Bureau of African
Affairs to identify potential waste, fraud, abuse,
inefficiencies, or deficiencies. The review shall include an
analysis of staff capacity, including human resource needs,
available resources, procedural guidance, and monitoring and
evaluation processes to ensure the Bureau of African Affairs
is managing programs efficiently and effectively.
(h) Form.--The strategies required under paragraphs (1) and
(2) of subsection (c) and the reports required under
subsections (e), (f), and (g) shall be submitted in
unclassified form but may include a classified annex.
(i) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
Amendment No. 276 Offered by Mr. McCaul of Texas
Add at the end of subtitle E of title XII the following:
SEC. 12__. STATEMENT OF CONGRESS REGARDING ONGOING ABUSES
AGAINST UYGHURS.
(a) Findings.--Congress finds the following:
(1) On December 9, 1948, the United Nations General
Assembly unanimously adopted the Convention on the Prevention
and Punishment of the Crime of Genocide (the Genocide
Convention) signifying a commitment in response to the
Holocaust and other crimes against humanity committed in the
first half of the twentieth century.
(2) The Genocide Convention entered into force on January
12, 1951, and declares that all state parties ``confirm that
genocide, whether committed in time of peace or in time of
war, is a crime under international law which they undertake
to prevent and to punish''.
(3) The Genocide Convention defines genocide as ``any of
the following acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial or religious group,
as such: (a) Killing members of the group; (b) Causing
serious bodily or mental harm to members of the group; (c)
Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole
or in part; (d) Imposing measures intended to prevent births
within the group; (e) Forcibly transferring children of the
group to another group''.
(4) The United States ratified the Genocide Convention with
the understanding that the commission of genocide requires
``the specific intent to destroy, in whole or in substantial
part, a [protected] group as such''.
(5) The People's Republic of China (PRC) is a state party
to the Genocide Convention.
(6) Since 2017, the PRC Government, under the direction and
control of the Chinese Communist Party (CCP), has detained
and sought to indoctrinate more than one million Uyghurs and
members of other ethnic and religious minority groups.
(7) Recent data indicate a significant drop in birth rates
among Uyghurs due to enforced sterilization, enforced
abortion, and more onerous birth quotas for Uyghurs compared
to Han.
(8) There are credible reports of PRC Government campaigns
to promote marriages between Uyghurs and Han and to reduce
birth rates among Uyghurs and other Turkic Muslims.
(9) Many Uyghurs reportedly have been assigned to factory
employment under conditions that indicate forced labor, and
some former detainees have reported food deprivation,
beatings, suppression of religious practices, family
separation, and sexual abuse.
(10) This is indicative of a systematic effort to eradicate
the ethnic and cultural identity and religious beliefs, and
prevent the births of, Uyghurs, ethnic Kazakhs and Kyrgyz,
and members of religious minority groups.
(11) The birth rate in the Xinjiang region fell by 24
percent in 2019 compared to a 4.2 percent decline nationwide.
(12) On January 19, 2021, the Department of State
determined the PRC Government, under the direction and
control of the CCP, has committed crimes against humanity and
genocide against Uyghurs and other ethnic and religious
minority groups in Xinjiang.
(13) Secretary of State Antony Blinken and Former Secretary
of State Michael Pompeo have both stated that what has taken
place in Xinjiang is genocide and constitutes crimes against
humanity.
(14) Article VIII of the Genocide Convention provides,
``Any Contracting Party may call upon the competent organs of
the United Nations to take such action under the Charter of
the United Nations as they consider appropriate for the
prevention and suppression of acts of genocide''.
(15) The International Court of Justice has stated that it
is the obligation of all state parties to the Genocide
Convention to ``employ all means reasonably available to
them, so as to prevent genocide so far as possible''.
(16) The United States is a Permanent Member of the United
Nations Security Council.
(b) Statement of Congress.--Congress--
(1) finds that the ongoing abuses against Uyghurs and
members of other ethnic and religious minority groups
constitute genocide as defined in the Genocide Convention and
crimes against humanity as understood under customary
international law;
(2) attributes these atrocity crimes against Uyghurs and
members of other ethnic and religious minority groups to the
People's Republic of China, under the direction and control
of the Chinese Communist Party;
(3) condemns this genocide and these crimes against
humanity in the strongest terms; and
(4) calls upon the President to direct the United States
Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to--
(A) refer the People's Republic of China's genocide and
crimes against humanity against Uyghurs and members of other
ethnic and religious minority groups to the competent organs
of the United Nations for investigation;
(B) seize the United Nations Security Council of the
circumstances of this genocide and crimes against humanity
and lead efforts to invoke multilateral sanctions in response
to these ongoing atrocities; and
(C) take all possible actions to bring this genocide and
these crimes against humanity to an end and hold the
perpetrators of these atrocities accountable under
international law.
Amendment No. 277 Offered by Mr. McCaul of Texas
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC
DELEGATIONS.
(a) Sense of Congress.--It is the sense of Congress that
individuals representing the United States at international
athletic competitions in foreign countries should have the
opportunity to be informed about human rights and security
concerns in such countries and how best to safeguard their
personal security and privacy.
(b) In General.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall
devise and implement a strategy for disseminating briefing
materials, including information described in subsection (c),
to individuals representing the United States at
international athletic competitions in a covered country.
(2) Timing and form of materials.--
(A) In general.--The briefing materials referred to in
paragraph (1) shall be offered not later than 180 days prior
to the commencement of an international athletic competition
in a covered country.
(B) Form of delivery.--Briefing materials related to the
human rights record of covered countries may be delivered
electronically or disseminated in person, as appropriate.
(C) Special consideration.--Information briefing materials
related to personal security risks may be offered
electronically, in written format, by video teleconference,
or prerecorded video.
(3) Consultations.--In devising and implementing the
strategy required under paragraph (1), the Secretary of State
shall consult with the following:
(A) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations in the
Senate, not later than 90 days after the date of the
enactment of this Act.
(B) Leading human rights nongovernmental organizations and
relevant subject-matter experts in determining the content of
the briefings required under this subsection.
(C) The United States Olympic and Paralympic Committee and
the national governing bodies of amateur sports that play a
role in determining which individuals represent the United
States in international athletic competitions, regarding the
most appropriate and effective method to disseminate briefing
materials.
(c) Content of Briefings.--The briefing materials required
under subsection (b) shall include, with respect to a covered
country hosting an international athletic competition in
which individuals may represent the United States, the
following:
(1) Information on the human rights concerns present in
such covered country, as described in the Department of
State's Annual Country Reports on Human Rights Practices.
(2) Information, as applicable, on risks such individuals
may face to their personal and digital privacy and security,
and recommended measures to safeguard against certain forms
of foreign intelligence targeting, as appropriate.
(d) Covered Country Defined.--In this section, the term
``covered country'' means, with respect to a country hosting
an international athletic competition in which individuals
representing the United States may participate, any of the
following:
[[Page H4997]]
(1) Any Communist country specified in subsection (f) of
section 620 of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)).
(2) Any country ranked as a Tier 3 country in the most
recent Department of State's annual Trafficking in Persons
Report.
(3) Any other country the Secretary of State determines
present serious human rights concerns for the purpose of
informing such individuals.
(4) Any country the Secretary of State, in consultation
with other cabinet officials as appropriate, determines
presents a serious counterintelligence risk.
Amendment No. 278 Offered by Mr. McGovern of Massachusetts
At the end of title LX, add the following:
SEC. 6013. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS
WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.
(a) Definitions.--Section 1262 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is amended by
striking paragraph (2).
(b) Sense of Congress.--The Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law
114-328; 22 U.S.C. 2656 note) is amended by inserting after
section 1262 the following new section:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should
establish and regularize information sharing and sanctions-
related decision making with like-minded governments
possessing human rights and anti-corruption sanctions
programs similar in nature to those authorized under this
subtitle.''.
(c) Imposition of Sanctions.--
(1) In general.--Subsection (a) of section 1263 of the
Global Magnitsky Human Rights Accountability Act (Subtitle F
of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended to read as follows:
``(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to--
``(1) any foreign person that the President determines,
based on credible information--
``(A) is responsible for or complicit in, or has directly
or indirectly engaged in, serious human rights abuse or any
violation of internationally recognized human rights;
``(B) is a current or former government official, or a
person acting for or on behalf of such an official, who is
responsible for or complicit in, or has directly or
indirectly engaged in--
``(i) corruption; or
``(ii) the transfer or facilitation of the transfer of the
proceeds of corruption;
``(C) is or has been a leader or official of--
``(i) an entity, including a government entity, that has
engaged in, or whose members have engaged in, any of the
activities described in subparagraph (A) or (B) related to
the tenure of the leader or official; or
``(ii) an entity whose property and interests in property
are blocked pursuant to this section as a result of
activities related to the tenure of the leader or official;
``(D) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of--
``(i) an activity described in subparagraph (A) or (B) that
is conducted by a foreign person;
``(ii) a person whose property and interests in property
are blocked pursuant to this section; or
``(iii) an entity, including a government entity, that has
engaged in, or whose members have engaged in, an activity
described in subparagraph (A) or (B) conducted by a foreign
person; or
``(E) is owned or controlled by, or acts or is purported to
act for or on behalf of, directly or indirectly, a person
whose property and interests in property are blocked pursuant
to this section.''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and'' after ``monitor''.
(3) Requests by congress.--Subsection (d) of such section
is amended--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and inserting
``subsection (a)(1)'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``Human rights
violations'' and inserting ``Serious human rights abuse or
violations of internationally recognized human rights''; and
(II) by striking ``described in paragraph (1) or (2) of
subsection (a)'' and inserting ``described in subsection
(a)(1) relating to serious human rights abuse or any
violation of internationally recognized human rights''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``described in paragraph (3) or (4) of subsection (a)'' and
inserting ``described in subsection (a)(1) relating to
corruption or the transfer or facilitation of the transfer of
the proceeds of corruption''; and
(II) by striking ``ranking member of'' and all that follows
through the period at the end and inserting ``ranking member
of one of the appropriate congressional committees''.
(d) Reports to Congress.--Section 1264(a) of the Global
Magnitsky Human Rights Accountability Act (Subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address
persistent underlying causes of serious human rights abuse,
violations of internationally recognized human rights, and
corruption in each country in which foreign persons with
respect to which sanctions have been imposed under section
1263 are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial accountability in
appropriate jurisdictions with respect to those foreign
persons subject to sanctions under section 1263 for serious
human rights abuse, violations of internationally recognized
human rights, and corruption.''.
(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.
Amendment No. 279 Offered by Mr. McHenry of North Carolina
In title LI, add at the end the following:
SEC. 5106. WORKING GROUP TO SUPPORT INNOVATION WITH RESPECT
TO DIGITAL ASSETS.
(a) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Securities and Exchange
Commission and the Commodity Futures Trading Commission shall
jointly establish a working group (to be known as the ``SEC
and CFTC Working Group on Digital Assets'') to carry out the
report required under subsection (c)(1).
(b) Membership.--
(1) In general.--The Working Group shall be composed of
members appointed in accordance with paragraph (2).
(2) Appointment of members.--
(A) Representatives of commissions.--The Securities and
Exchange Commission and the Commodity Futures Trading
Commission shall each appoint an equal number of employees of
each such Commission to serve as members of the Working
Group.
(B) Representatives of nongovernmental stakeholders.--
(i) Appointment.--The Securities and Exchange Commission
and the Commodity Futures Trading Commission shall each
appoint an equal number of nongovernmental representatives to
serve as members of the Working Group, except that such
number of members may not be greater than or equal to the
number of members appointed under subparagraph (A).
(ii) Required members.--The members of the Working Group
appointed under clause (i) shall include at least one
representative from each of the following:
(I) Financial technology companies that provide products or
services involving digital assets.
(II) Financial firms under the jurisdiction of the
Securities and Exchange Commission or the Commodity Futures
Trading Commission.
(III) Institutions or organizations engaged in academic
research or advocacy relating to digital asset use.
(IV) Small businesses engaged in financial technology.
(V) Investor protection organizations.
(VI) Institutions and organizations that support investment
in historically-underserved businesses.
(C) No compensation for members of the working group.--
(i) Federal employee members.--All members of the Working
Group appointed under subparagraph (A) shall serve without
compensation in addition to that received for their services
as officers or employees of the United States.
(ii) Non-federal members.--All members of the Working Group
appointed under subparagraph (B) shall serve without
compensation.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Working Group shall submit
to the Securities and Exchange Commission, the Commodity
Futures Trading Commission, and the relevant committees a
report that contains--
(A) an analysis of--
(i) the legal and regulatory framework and related
developments in the United States relating to digital assets,
including--
(I) the impact that lack of clarity in such framework has
on primary and secondary markets in digital assets; and
(II) how the domestic legal and regulatory regimes relating
to digital assets impact the competitive position of the
United States; and
(ii) developments in other countries related to digital
assets and identification of how these developments impact
the competitive position of the United States; and
(B) recommendations--
(i) for the creation, maintenance, and improvement of
primary and secondary markets in digital assets, including
for improving the fairness, orderliness, integrity,
efficiency, transparency, availability, and efficacy of such
markets;
(ii) for standards concerning custody, private key
management, cybersecurity, and business continuity relating
to digital asset intermediaries; and
(iii) for best practices to--
[[Page H4998]]
(I) reduce fraud and manipulation of digital assets in
cash, leveraged, and derivatives markets;
(II) improve investor protections for participants in such
markets; and
(III) assist in compliance with anti-money laundering and
countering the financing of terrorism obligations under the
Bank Secrecy Act.
(2) Report limited to sec and cftc authorities.--The
analysis and recommendations provided under subparagraphs (A)
and (B) of paragraph (1) may only relate to the laws,
regulations, and related matters that are under the primary
jurisdiction of the Securities and Exchange Commission or the
Commodity Futures Trading Commission.
(d) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Working
Group.
(e) Termination.--
(1) In general.--The Working Group shall terminate on the
date that is 1 year after the date of the enactment of this
section, except that the Chairman of the Securities and
Exchange Commission and the Chairman of the Commodity Futures
Trading Commission may, jointly, extend the Working Group for
a longer period, not to exceed 1 year.
(2) Second report in the case of extension.--In the case of
an extension of the Working Group under paragraph (1), the
Working Group shall, not later than the last day of such
extension, submit to the Securities and Exchange Commission,
the Commodity Futures Trading Commission, and the relevant
committees a report that contains an update to the analysis
and recommendations required under subparagraphs (A) and (B)
of subsection (c)(1).
(f) Definitions.--In this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91-508 (12 U.S.C.
1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United States
Code.
(2) Historically-underserved businesses.--The term
``historically-underserved businesses'' means women-owned
businesses, minority-owned businesses, and rural businesses.
(3) Relevant committees.--The term ``relevant committees''
means--
(A) the Committee on Financial Services of the House of
Representatives;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Agriculture of the House of
Representatives; and
(D) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(4) Working group.--The term ``Working Group'' means the
working group established under subsection (a).
Amendment No. 280 Offered by Mr. McKinley of West Virginia
At the end of subtitle C of title VIII, add the following
new section:
SEC. 8__. SUPPLY OF SYNTHETIC GRAPHITE FOR THE DEPARTMENT OF
DEFENSE.
The Secretary of Defense--
(1) shall deem synthetic graphite material to be a
strategic and critical material for defense, industrial, and
civilian needs; and
(2) to the maximum extent practicable, shall acquire
synthetic graphite material in the following order of
preference:
(A) First, from sources domestically owned and produced
within the United States.
(B) Second, from sources located within the United States
or the national technology and industrial base (as defined in
section 2500 of title 10, United States Code).
(C) Third, from other sources as appropriate.
Amendment No. 281 Offered by Mr. McKinley of West Virginia
At the appropriate place in title LX of division E, insert
the following:
SEC. __. SENSE OF CONGRESS WITH RESPECT TO THE PRODUCTION OF
BASELOAD POWER IN THE UNITED STATES.
It is the sense of Congress that having access to a secure
and reliable supply of firm, baseload power produced in the
United States, including power generated from coal, natural
gas, oil, and nuclear sources, is critical to United States
national security interests.
Amendment No. 282 Offered by Mr. McNerney of California
Page 102, after line 20, insert the following:
(6) Plans for ensuring the safety and security of major
weapon systems equipped with autonomy software, including
plans for testing, evaluation, validation, and verification
of such systems.
Amendment No. 283 Offered by Mr. McNerney of California
Page 402, line 13, insert ``, including in designated
fields of national and economic importance such as
cybersecurity, artificial intelligence, machine learning,
data science, and software engineering'' before the
semicolon.
Amendment No. 284 Offered by Mr. Meeks of New York
At the appropriate place in title XII, insert the
following:
SEC. 12_. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the President, acting through
the Secretary of State and in coordination with the Secretary
of Defense, shall submit to the appropriate congressional
committees a report that contains a description of the United
States defense and diplomatic strategy for Syria.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) A United States diplomatic strategy for Syria,
including a description of the desired diplomatic objectives
for advancing United States national interests in Syria,
desired end-goals, and a description of the intended
diplomatic and related foreign policy means to achieve such
objectives.
(2) A United States defense strategy for Syria, including a
description of the security objectives the United States aims
to achieve, including the objectives and desired end-state
for the United States military presence in northeast Syria,
envisioned transition timeline for security responsibilities
to the Syrian Democratic Forces (SDF), and status of
remaining ISIS elements.
(3) A description of United States strategy and objectives
for United States military support to and coordination with
the Jaysh Maghawir al-Thawra (``MaT'') including transition
plan and operational needs in and around Al-Tanf.
(4) A plan for enduring security of ISIS detainees
currently held in SDF secured facilities (including so-called
``third country fighters'' as well as Iraqi and Syrian
national ISIS detainees) accounting for security of personnel
and facilities involved.
(5) A diplomatic strategy for securing the repatriation of
remaining ISIS ``third country fighters'' to countries of
origin, including a comprehensive breakdown of each country
of origin and number of detainees yet to be repatriated.
(6) A plan for the resettlement and disposition of ISIS
connected women and children in remaining detention
facilities, including roles and responsibilities of counter-
ISIS coalition partners.
(7) A detailed assessment of the security and humanitarian
situation at the internally displaced persons camp at Rukban.
(8) A plan for diplomatic and humanitarian engagement with
regional partners and multilateral institutions to ensure
successful and safe delivery of continued humanitarian
assistance to non-regime held areas of Syria.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Amendment No. 285 Offered by Mr. Meeks of New York
At the appropriate place in title LX of division E, insert
the following:
SEC. __. STRATEGY AND REPORTING RELATED TO UNITED STATES
ENGAGEMENT IN SOMALIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with the Administrator
of the United States Agency for International Development and
other relevant Federal department and agencies, shall develop
and submit a strategy for advancing United States diplomatic,
humanitarian, development, counterterrorism, and regional
security priorities in Somalia that includes a detailed
outline of United States national security interests and
policy objectives in Somalia.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) An assessment of the United States diplomatic and
defense footprint in Somalia and a related plan to continue
diplomatic, humanitarian, development, counterterrorism and
security cooperation with the federal Government of Somalia,
and regional security cooperation with partners and allies in
the region, including consideration of the impact of reducing
the presence of the United States Armed Forces, African Union
Mission in Somalia (AMISOM) forces, and other foreign forces
contributing to security in Somalia.
(2) A comprehensive assessment of the terrorist threat in
Somalia posed by al-Shabaab and the Somalia-based Islamic
State affiliate ISIS-Somalia, including each group's:
(A) capacity to strike the United States homeland and
United States persons and interests in the region or
elsewhere, and the threat posed to other countries in the
East Africa region and beyond;
(B) major sources of revenue and capacity to raise funds
and recruit from the United States and elsewhere, including
illicit and licit activities used to fund operations and
financial flows originating from outside of Somalia; and
(C) connectivity to and relationship with other terrorist
affiliates, including linkages to Al Qaida and the Islamic
State, and their respective senior leaders.
(3) An overview of ongoing and planned efforts, including a
detailed breakdown of United States foreign assistance, to--
(A) build the capacity of the federal Government of
Somalia, federal members states, and their respective
civilian security, defense, criminal justice and law
enforcement,
[[Page H4999]]
financial, and other institutions, including through support
for completing the constitutional review process;
(B) degrade Al-Shabaab and ISIS in Somalia, counter
terrorist financing and recruitment, rehabilitate and
reintegrate terrorist fighters, improve border security,
judicial capacity, and anti-corruption efforts, and
political, economic, and social reforms in Somalia, including
an evaluation of the effectiveness of these activities to
date; and
(C) provide emergency and non-emergency humanitarian and
development assistance throughout Somalia, including an
overview of the United States's use of third party
monitoring, partner vetting, and other risk mitigation
measures for the provision of assistance in security
restrictive environments, as appropriate.
(4) A plan to enhance diplomatic engagement and other
initiatives in Somalia to address protracted political crises
and tensions between the federal Government of Somalia and
its member states, delayed electoral processes, and
increasing governance challenges, including an assessment of
Somalia's internal and regional political dynamics and the
role of United States and other foreign partner engagement on
these dynamics.
(5) An analysis of foreign influence over the federal
Government of Somalia and federal member states, including
external actor objectives and an assessment of non-United
States financial assistance and financial contributions to
Somali officials and institutions.
(6) An analysis of the economic situation in Somalia,
including ongoing debt relief efforts, remaining external
debt, efforts to improve revenue sharing among the central
government and member states and advance other economic
reforms, and measures such as domestic and international
sanctions designed to hold accountable those involved in
corruption, human rights abuses, and other activities to
undermine state and international institutions.
(7) A plan to address state fragility and drivers of
terrorist recruitment, including efforts to promote economic
growth and human development, improve conflict resolution and
governance capacity, counter foreign propaganda and
disinformation, combat corruption and support development
needs of local communities, including through rehabilitation,
reintegration, and reconciliation.
(8) A detailed breakdown of United States assistance to
support the training, equipping, advising, assisting, and
accompanying of Somali forces and those forces aligned with
the troop contributing countries of AMISOM during last five
fiscal years.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with other relevant
Federal department and agencies as deemed necessary, shall
submit to appropriate congressional committees a report
related to recent events in Somalia, that includes the
following:
(1) A detailed account of the January 2020 terrorist
attack, including an assessment of the role United-States-
trained-and-equipped Kenyan forces had in countering the
attack and if and how this attack and others shaped United
States decisions surrounding the United States strategy in
Somalia and elsewhere in East Africa.
(2) An assessment of how the January 2021 United States
military retrograde from or repositioning in Somalia affected
United States capacity to achieve policy objectives,
including those surrounding diplomatic security and the
implementation of a range of United States-funded programs
and activities that have commenced or were planned, such as
humanitarian assistance, good governance initiatives, and
human rights promotion.
(3) An assessment of the legal authorities justifying
unilateral direct action against terrorist targets in
Somalia.
(d) Annual Update.--Not later than 1 year after the
submission of the strategy required under subsection (a), and
annually thereafter for 3 years, the Secretary of State and
Secretary of Defense, in consultation with the Administrator
of the United States Agency for International Development,
shall jointly submit to the appropriate congressional
committees an update on implementation of the strategy and an
evaluation of progress toward achieving United States
national security interests and policy objectives in Somalia.
(e) Form.--Each report required by this section shall be
submitted in unclassified form but may include a classified
annex.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
amendment no. 286 offered by mr. meeks of new york
Add at the end the following:
DIVISION F--DEPARTMENT OF STATE AUTHORITIES
TITLE LXX--DEPARTMENT OF STATE AUTHORITIES
SEC. 7001. SHORT TITLE.
This Act may be cited as the ``Department of State
Authorization Act of 2021''.
SEC. 7002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
Subtitle A--Organization and Operations of the Department of State
SEC. 7101. DIPLOMATIC PROGRAMS.
For ``Diplomatic Programs'', there is authorized to be
appropriated $9,476,977,000 for fiscal year 2022.
SEC. 7102. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital
to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity
would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.
SEC. 7103. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting ``sections 116
and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual `Country
Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties, functions,
and responsibilities specified in this paragraph, the
Assistant Secretary of State for Democracy, Human Rights, and
Labor is authorized to--
``(i) promote democracy and actively support human rights
throughout the world;
``(ii) promote the rule of law and good governance
throughout the world;
``(iii) strengthen, empower, and protect civil society
representatives, programs, and organizations, and facilitate
their ability to engage in dialogue with governments and
other civil society entities;
``(iv) work with regional bureaus to ensure adequate
personnel at diplomatic posts are
[[Page H5000]]
assigned responsibilities relating to advancing democracy,
human rights, labor rights, women's equal participation in
society, and the rule of law, with particular attention paid
to adequate oversight and engagement on such issues by senior
officials at such posts;
``(v) review and, as appropriate, make recommendations to
the Secretary of State regarding the proposed transfer of--
``(I) defense articles and defense services authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed on the `600 series' of the
Commerce Control List contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of Federal Regulations;
``(vi) coordinate programs and activities that protect and
advance the exercise of human rights and internet freedom in
cyberspace; and
``(vii) implement other relevant policies and provisions of
law.
``(D) Local oversight.--United States missions, when
executing DRL programming, to the extent practicable, should
assist in exercising oversight authority and coordinate with
the Bureau of Democracy, Human Rights, and Labor to ensure
that funds are appropriately used and comply with anti-
corruption practices.''.
SEC. 7104. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United States Government agencies abroad, and such other
related duties as the Secretary may from time to time
designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department of State and other United States Government
agencies, all forms of transnational organized crime,
including human trafficking, illicit trafficking in arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate that United States law
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to
law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.
SEC. 7105. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of Consular Affairs, which
shall be headed by the Assistant Secretary of State for
Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the
Assistant Secretary of State for Population, Refugees, and
Migration.''.
SEC. 7106. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment
and overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the
Office to promote the human rights and full participation in
international development activities of all persons with
disabilities.
SEC. 7107. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).
SEC. 7108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers
[[Page H5001]]
to prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Department of State's investment of time and
resources with respect to the training and education of its
personnel is considerably below the level of other Federal
departments and agencies in the national security field, and
falls well below the investments many allied and adversarial
countries make in the development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and
technology-driven, and which demand the continual, high-
quality training and education of its personnel;
(4) the Department must move beyond reliance on ``on-the-
job training'' and other informal mentorship practices, which
lead to an inequality in skillset development and career
advancement opportunities, often particularly for minority
personnel, and towards a robust professional tradecraft
training continuum that will provide for greater equality in
career advancement and increase minority participation in the
senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase its
educational and training offerings to Department personnel,
including developing new and innovative educational and
training courses, methods, programs, and opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute may accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute enhance the quantity and quality of training
offerings, especially in the introduction of new, innovative,
and pilot model courses.
(b) Training Float.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall
develop and submit to the appropriate congressional
committees a strategy to establish a ``training float'' to
allow for up to 15 percent of the Civil and Foreign Service
to participate in long-term training at any given time. The
strategy should identify steps necessary to ensure
implementation of the training priorities identified in
subsection (c), sufficient training capacity and
opportunities are available to Civil and Foreign Service
officers, equitable distribution of long-term training
opportunities to Civil and Foreign Service officers, and any
additional resources or authorities necessary to facilitate
such a training float, including programs at the George P.
Schultz National Foreign Affairs Training Center, the Foreign
Service Institute, the Foreign Affairs Security Training
Center, and other facilities or programs operated by the
Department of State. The strategy shall identify which types
of training would be prioritized, the extent (if any) to
which such training is already being provided to Civil and
Foreign Service officers by the Department of State, any
factors incentivizing or disincentivizing such training, and
why such training cannot be achieved without Civil and
Foreign Service officers leaving the workforce. In addition
to training opportunities provided by the Department, the
strategy shall consider training that could be provided by
the other United States Government training institutions, as
well as non-governmental educational institutions. The
strategy shall consider approaches to overcome disincentives
to pursuing long-term training.
(c) Prioritization.--In order to provide the Civil and
Foreign Service with the level of education and training
needed to effectively advance United States interests across
the globe, the Department of State should--
(1) increase its offerings--
(A) of virtual instruction to make training more accessible
to personnel deployed throughout the world; or
(B) at partner organizations to provide useful outside
perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead decision-
making in a crisis environment; and
(3) consider increasing the duration and expanding the
focus of certain training courses, including--
(A) the A-100 orientation course for Foreign Service
officers, and
(B) the chief of mission course to more accurately reflect
the significant responsibilities accompanying such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in
courses at the Foreign Service Institute and other Department
of State training facilities to promote a whole-of-government
approach to mitigating national security challenges.
SEC. 7109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 7110. ENERGY DIPLOMACY AND SECURITY WITHIN THE
DEPARTMENT OF STATE.
Section 1(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a), as amended by section 7104 of this
division, is further amended--
(1) by redesignating paragraphs (4) and (5) (as
redesignated pursuant to such section 1004) as paragraphs (5)
and (6); and
(2) by inserting after paragraph (3) (as added pursuant to
such section 1004) the following new paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--Subject to
the numerical limitation specified in paragraph (1), there is
authorized to be established in the Department of State an
Assistant Secretary of State for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in subparagraph
(A), the Secretary of State shall ensure there are sufficient
personnel dedicated to energy matters within the Department
of State whose responsibilities shall include--
``(i) formulating and implementing international policies
aimed at protecting and advancing United States energy
security interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department;
``(iii) incorporating energy security priorities into the
activities of the Department;
``(iv) coordinating energy activities of the Department
with relevant Federal departments and agencies;
``(v) coordinating with the Office of Sanctions
Coordination on economic sanctions pertaining to the
international energy sector; and
``(vi) working internationally to--
``(I) support the development of energy resources and the
distribution of such resources for the benefit of the United
States and United States allies and trading partners for
their energy security and economic development needs;
``(II) promote availability of diversified energy supplies
and a well-functioning global market for energy resources,
technologies, and expertise for the benefit of the United
States and United States allies and trading partners;
``(III) resolve international disputes regarding the
exploration, development, production, or distribution of
energy resources;
``(IV) support the economic and commercial interests of
United States persons operating in the energy markets of
foreign countries;
``(V) support and coordinate international efforts to
alleviate energy poverty;
``(VI) leading the United States commitment to the
Extractive Industries Transparency Initiative; and
``(VII) coordinating energy security and other relevant
functions within the Department currently undertaken by--
``(aa) the Bureau of Economic and Business Affairs;
``(bb) the Bureau of Oceans and International Environmental
and Scientific Affairs; and
``(cc) other offices within the Department of State.''.
SEC. 7111. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 63 (22 U.S.C. 2735)
the following new section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for
American Diplomacy. Any such revenues may be retained as a
recovery of the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of
State and determined by the Secretary of State to be suitable
for display by the National Museum of American Diplomacy
shall be considered to be the property of the United States
Government and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
[[Page H5002]]
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article under paragraph (1),
is a determination that--
``(A) such document, artifact, or other article no longer
serves to further the purposes of the National Museum of
American Diplomacy as set forth in the collections management
policy of the museum;
``(B) the sale, trade, or transfer of such document,
artifact, or other article would serve to maintain the
standards of the collection of the museum; or
``(C) sale, trade, or transfer of such document, artifact,
or other article would be in the best interests of the United
States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 7112. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN
FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND
DETENTION OF U.S.-FLAG FISHING VESSELS BY
FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply as if the date specified in subsection (e) of
section 7 of the Fishermen's Protective Act of 1967, as in
effect on the day before the date of the enactment of this
Act, were the day after such date of enactment.
(2) Agreements and payments.--The Secretary of State is
authorized to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.
SEC. 7113. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $25,000, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on the
costs of the Art in Embassies Program for fiscal years 2012
through 2020.
(c) Sunset.--This section shall terminate on the date that
is two years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 7114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with like-minded countries, a comprehensive,
multilateral strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support democratic, constitutional, economic, and
security sector reforms in Burma designed to--
``(A) advance democratic development and improve human
rights practices and the quality of life; and
``(B) promote genuine national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year'';
(ii) by redesignating paragraph (3) as paragraph (7); and
(iii) by inserting after paragraph (2) the following new
paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market
reforms, living standards, labor standards, use of forced
labor in the tourism industry, and environmental quality;
and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Technical and Conforming Amendment.--Section 502 of the
International Security and Development Cooperation Act of
1985 (22 U.S.C. 2349aa-7) is amended by redesignating
subsection (c) as subsection (b).
SEC. 7115. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that lists
all of the Government Accountability Office's recommendations
relating to the Department that have not been fully
implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the report required under subsection (a),
the Secretary shall submit to the appropriate congressional
committees a report that describes the implementation status
of each recommendation from the Government Accountability
Office included in such report.
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation
in a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has
not yet fully implemented; and
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(c) Form.--The information required in each report under
this section shall be submitted in unclassified form, to the
maximum extent practicable, but may be included in a
classified annex to the extent necessary.
SEC. 7116. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department of State an Office of Global Criminal Justice
(referred to in this section as the ``Office''), which may be
placed within the organizational structure of the Department
at the discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary of State and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for
atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions, and
tribunals to investigate, document, and prosecute atrocities
around the world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of
diplomatic, legal, economic, military, and other tools to
help collect evidence of atrocities, judge those responsible,
protect and assist victims, enable reconciliation, prevent
and deter atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict
and post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over
atrocities committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and
other atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led
by an Ambassador-at-Large for Global Criminal Justice who is
nominated by the President and appointed by and with the
advice and consent of the Senate.
Subtitle B--Embassy Construction
SEC. 7201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,995,449,000 for
fiscal year 2022.
[[Page H5003]]
SEC. 7202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Department's Bureau of Overseas Building Operations (OBO)
or successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design
and keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out
any new United States embassy compound or new consulate
compound project that utilizes a non-standard design,
including those projects that are in the design or pre-design
phase as of the date of the enactment of this Act, only in
consultation with the appropriate congressional committees.
The Secretary shall provide the appropriate congressional
committees, for each such project, the following
documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if
it were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as
the case may be, described in paragraphs (1) through (4)
cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date
of the enactment of this Act.
SEC. 7203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is
amended--
(1) in the section heading, by striking ``annual report on
embassy construction costs'' and inserting ``biannual report
on overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date
of the enactment of this subsection and every 180 days
thereafter until the date that is four years after such date
of enactment, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive report
regarding all ongoing overseas capital construction projects
and major embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully
adjudicated or that the Department has settled, and the final
dollar amount of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign
operations, and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Department of State Authorities Act, Fiscal Year
2017 is amended by amending the item relating to section 118
to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 7204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall
complete all contractor performance evaluations outstanding
as of the date of the enactment of this Act required by
subpart 42.15 of the Federal Acquisition Regulation for those
contractors engaged in construction of new embassy or new
consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
develop a prioritization system for clearing the current
backlog of required evaluations referred to in subsection
(a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.
SEC. 7205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.
(a) In General.--For each new United States embassy
compound (NEC) and new consulate compound project (NCC) in or
not yet in the design phase as of the date of the enactment
of this Act, the Department of State shall project growth
over the estimated life of the facility using all available
and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal
agency represented at a United States embassy or consulate
shall provide to the Secretary, upon request, growth
projections for the personnel of each such agency over the
estimated life of each embassy or consulate, as the case may
be.
(c) Basis for Estimates.--The Department of State shall
base its growth assumption for all NECs and NCCs on the
estimates required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted
after the date of the enactment of this Act shall include the
growth assumption used pursuant to subsection (c).
SEC. 7206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the
next five years as the Secretary of State considers
appropriate, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report
on existing small diplomatic posts and a strategy for
establishing a physical diplomatic presence in countries in
which there is no current physical diplomatic presence and
with which the United States maintains diplomatic relations.
Such report, which may include a classified annex, shall
include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant
[[Page H5004]]
to paragraph (1) shall highlight any changes from the
previous year's plan to the ordering of construction and
maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary of State shall submit the plans
to the appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department of
State's budget for any fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the plans required under subsection (a)
shall be referenced to justify funding requested for building
and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees or contractors on average over
the 36 months prior to the date of the enactment of this Act.
SEC. 7207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
process described in subsection (a), or applicable successor
process.
(c) Reporting and Briefing Requirements.--The Secretary of
State shall provide to the appropriate congressional
committees upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.
SEC. 7208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.
SEC. 7209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 7210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority
traveling to a foreign country on official business. To the
extent practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.
SEC. 7211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary of State shall notify the
appropriate congressional committees in writing of the
decision, including the reasons therefor. The notification
required by this subsection may be included in any other
report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional
committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance
programs of the Bureau of Overseas Building Operations of the
Department.
SEC. 7212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee a report detailing steps
the Department of State is taking to expand the embassy
construction contractor base in order to increase competition
and maximize value.
SEC. 7213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.
SEC. 7214. DEFINITIONS.
In this subtitle:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.
Subtitle C--Personnel Issues
SEC. 7301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall apply to the Department of Labor for a waiver from
insurance requirements under the Defense Base Act (42 U.S.C.
1651 et seq.) for all countries with respect to which the
requirement was waived prior to January 2017, and for which
there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days
after the date of the enactment of this Act, the Secretary of
State shall certify to the appropriate congressional
committees that the requirement in subsection (a) has been
met.
SEC. 7302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing
an empirical analysis on the effect of overseas allowances on
the foreign assignment of Foreign Service officers (FSOs), to
be conducted by a federally-funded research and development
center with appropriate expertise in labor economics and
military compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based
on the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such
restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary of
State shall provide to the Committee on Foreign Relations of
the Senate
[[Page H5005]]
and the Committee on Foreign Affairs in the House of
Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department of State
and such federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary of State shall make
available to the federally-funded research and development
center carrying out the analysis required under subsection
(a)(1) all necessary and relevant information to allow such
center to conduct such analysis in a quantitative and
analytical manner, including historical data on the number of
bids for each foreign assignment and any survey data
collected by the Department of State from eligible bidders on
their bid decision-making.
(2) Cooperation.--The Secretary of State shall work with
the heads of other relevant United States Government
departments and agencies to ensure such departments and
agencies provide all necessary and relevant information to
the federally-funded research and development center carrying
out the analysis required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary of State
shall require that the chief executive officer of the
federally-funded research and development center that carries
out the analysis required under subsection (a)(1) submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an interim report on such analysis not later than 180 days
after the date of the enactment of this Act.
SEC. 7303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at
the end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary of State is authorized to
make grants or enter into cooperative agreements related to
Department of State science and technology fellowship
programs, including for assistance in recruiting fellows and
the payment of stipends, travel, and other appropriate
expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in
any fiscal year.''.
SEC. 7304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad'' and inserting ``in
the case of one or more children below age 21 of a member of
the Service assigned abroad, one round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 7305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member
may take the leave ordered under this section where that
member's family members reside, notwithstanding section 6305
of title 5, United States Code.''.
SEC. 7306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 7307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.
SEC. 7308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 7309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary of State should continue
to hold entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department of State will lack experienced, qualified
personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary of State should not
implement any reduction-in-force action under section 3502 or
3595 of title 5, United States Code, or for any incentive
payments for early separation or retirement under any other
provision of law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department of State's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.
SEC. 7310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT
THE DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department of State should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), including those
veterans belonging to traditionally under-represented groups
at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in
a variety of regional and global affairs bureaus and
diplomatic posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the
workforce.
SEC. 7311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department of State should expand the appeal process it
makes available to employees related to assignment
preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall
have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after
such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise, and certify to the Committee on Foreign Affairs
of the House of Representatives
[[Page H5006]]
and the Committee on Foreign Relations of the Senate
regarding such revision, the Foreign Affairs Manual guidance
regarding denial or revocation of a security clearance to
expressly state that all review and appeal rights relating
thereto shall also apply to any recommendation or decision to
impose an assignment restriction or preclusion to an
employee.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act and annually thereafter, the
Secretary of State shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate a report that
contains the following:
(1) A rationale for the use of assignment restrictions by
the Department of State, including specific case studies
related to cleared American Foreign Service and civil service
employees of the Department that demonstrate country-specific
restrictions serve a counterintelligence role beyond that
which is already covered by the security clearance process.
(2) The number of such Department employees subject to
assignment restrictions over the previous year, with data
disaggregated by:
(A) Identification as a Foreign Service officer, civil
service employee, eligible family member, or other employment
status.
(B) The ethnicity, national origin, and race of the
precluded employee.
(C) Gender.
(D) Identification of the country of restriction.
(3) A description of the considerations and criteria used
by the Bureau of Diplomatic Security to determine whether an
assignment restriction is warranted.
(4) The number of restrictions that were appealed and the
success rate of such appeals.
(5) The impact of assignment restrictions in terms of
unused language skills as measured by Foreign Service
Institute language scores of such precluded employees.
(6) Measures taken to ensure the diversity of adjudicators
and contracted investigators, with accompanying data on
results.
SEC. 7312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department of State employees provide invaluable
service to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities for Department of
State and USAID Positions.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``Sec. 10301. Notice of employment opportunities for
Department of State and USAID positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If
using merit promotion procedures, the notice shall expressly
state that former employees eligible for reinstatement may
apply.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part III of title 5, United States Code, is
amended by adding at the end of subpart I the following:
``103. Notice of employment opportunities for Department of State and
USAID positions........................................10301''.....
SEC. 7313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF
STATE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
comprehensive 5-year strategic staffing plan for the
Department of State that is aligned with and furthers the
objectives of the National Security Strategy of the United
States of America issued in December 2017, or any subsequent
strategy issued not later than 18 months after the date of
the enactment of this Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report
GAO-19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment
of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted
at each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary of State shall lead the
development of the plan required under subsection (a) but may
consult or partner with private sector entities with
expertise in labor economics, management, or human resources,
as well as organizations familiar with the demands and needs
of the Department of State's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages,
the effect of such shortages on national security objectives,
and the Department of State's plan to implement
recommendations described in GAO-19-220.
SEC. 7314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States
Code, as added by section 7312(b) of this Act, is amended by
adding at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter
103 of title 5, United States Code, as added by section
7312(b) of this Act, is amended by adding after the item
relating to section 10301 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 7315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.
SEC. 7316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 7317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under
paragraph (1)(A) whose security clearance remains suspended
for more than one calendar year, not later than 30 days after
the end of such calendar year the Secretary of State shall
report to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate in writing regarding the specific reasons relating to
the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph
(1)(B) may be suspended without pay only after a final
written decision is provided to such member pursuant to
paragraph (2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The term'' and
inserting the following:
``(7) In this subsection, the term--'';
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs 2
ems to the left; and
(D) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
[[Page H5007]]
SEC. 7318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS
HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the
Foreign Affairs Handbook apply with equal force and effect
and without exception to all Department of State personnel,
including the Secretary of State, Department employees, and
political appointees, regardless of an individual's status as
a Foreign Service officer, Civil Service employee, or
political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
certification in unclassified form that the applicability
described in subsection (a) has been communicated to all
Department personnel, including the personnel referred to in
such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for
five years, the Secretary of State shall submit to the
appropriate congressional committees a report detailing all
significant changes made to the Foreign Affairs Manual or the
Foreign Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph (1)
shall contain the following:
(A) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(D) A summary of such changes displayed in spreadsheet
form.
SEC. 7319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 7320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary of State may appoint, for a 3-year period
that may be extended for up to an additional two years,
solely to carry out the functions of the Global Engagement
Center, employees of the Department of State without regard
to the provisions of title 5, United States Code, governing
appointment in the competitive service, and may fix the basic
compensation of such employees without regard to chapter 51
and subchapter III of chapter 53 of such title.
SEC. 7321. REST AND RECUPERATION AND OVERSEAS OPERATIONS
LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area
in which the Armed Forces are engaging or have engaged in
combat, an area designated by law to be treated as a combat
zone, or a location the Department of Defense has certified
for combat zone tax benefits due to its direct support of
military operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Rest and Recuperation.--The head of an
agency may prescribe regulations to grant up to 20 days of
paid leave, per leave year, for the purposes of rest and
recuperation to an employee of the agency serving in a combat
zone, any other high risk, high threat post, or any other
location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid
leave, per leave year, to an employee of the agency serving
abroad where the conduct of business could pose potential
security or safety related risks or would be inconsistent
with host-country practice. Such regulations may provide that
additional leave days may be granted during such leave year
if the head of the agency determines that to do so is
necessary to advance the national security or foreign policy
interests of the United States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
SEC. 7322. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to
obtain such services or support otherwise, with such
assistance provided on a reimbursable basis to the extent
feasible.''.
SEC. 7323. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this
section referred to as the ``Program'') to offer internship
opportunities at the Department of State to eligible students
to raise awareness of the essential role of diplomacy in the
conduct of United States foreign policy and the realization
of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the
Program, an applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such term is
defined section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish
selection criteria for students to be admitted into the
Program that includes the following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the
Program widely, including on the internet, through the
Department of State's Diplomats in Residence program, and
through other outreach and recruiting initiatives targeting
undergraduate and graduate students. The Secretary shall
actively encourage people belonging to traditionally under-
represented groups in terms of racial, ethnic, geographic,
and gender diversity, and disability status to apply to the
Program, including by conducting targeted outreach at
minority serving institutions (as such term is described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
shall be paid at least--
(A) the amount specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or
(B) the minimum wage of the jurisdiction in which the
internship is located,
whichever is greater.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide housing
assistance to a student participating in the Program whose
permanent address is within the United States if the location
of the internship in which such student is participating is
outside the United States.
[[Page H5008]]
(B) Domestic.--The Secretary of State is authorized to
provide housing assistance to a student participating in the
Program whose permanent address is within the United States
if the location of the internship in which such student is
participating is more than 50 miles away from such student's
permanent address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose
permanent address is within the United States financial
assistance to cover the costs of travel once to and once from
the location of the internship in which such student is
participating, including travel by air, train, bus, or other
transit as appropriate, if the location of such internship
is--
(A) more than 50 miles from such student's permanent
address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The
Secretary of State is authorized to enter into agreements
with institutions of higher education to structure
internships to ensure such internships satisfy criteria for
academic programs in which participants in such internships
are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall
transition all unpaid internship programs of the Department,
including the Foreign Service Internship Program, to
internship programs that offer compensation. Upon selection
as a candidate for entry into an internship program of the
Department after such date, a participant in such internship
program shall be afforded the opportunity to forgo
compensation, including if doing so allows such participant
to receive college or university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department of State that are part of the Virtual Student
Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the requirement
under this subsection to transition an unpaid internship
program of the Department to an internship program that
offers compensation if the Secretary determines and not later
than 30 days after any such determination submits to the
appropriate congressional committees a report that to do so
would not be consistent with effective management goals.
(B) Report.--The report required under subparagraph (A)
shall describe the reason why transitioning an unpaid
internship program of the Department to an internship program
that offers compensation would not be consistent with
effective management goals, including any justification for
maintaining such unpaid status indefinitely, or any
additional authorities or resources necessary to transition
such unpaid program to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of a
Senate a report that includes the following:
(1) Data, to the extent collection of such information is
permissible by law, regarding the number of students,
disaggregated by race, ethnicity, gender, institution of
higher learning, home State, State where each student
graduated from high school, and disability status, who
applied to the Program, were offered a position, and
participated.
(2) Data on the number of security clearance investigations
started for such students and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department of State to participate in the
collection of the data or divulge any personal information.
Such students shall be informed that their participation in
the data collection contemplated by this section is
voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--The Department of State may
offer compensated internships for not more than 52 weeks, and
select, appoint, employ, and remove individuals in such
compensated internships without regard to the provisions of
law governing appointments in the competitive service.
(k) Use of Funds.--Internships offered and compensated by
the Department subject to this section shall be funded by
funds authorized to be appropriated by section 7101.
SEC. 7324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY
INSPECTORS GENERAL TO SUPPORT THE LEAD IG
MISSION.
Subparagraph (A) of section 8L(d)(5) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking
``a lead Inspector General for'' and inserting ``any of the
Inspectors General specified in subsection (c) for oversight
of''.
SEC. 7325. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall make explicit in writing to all Department of
State personnel, including the Secretary of State, Department
employees, contractors, and political appointees, and shall
consider updating the Foreign Affairs Manual and the Foreign
Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for
an interview or access to documents from the Office of the
Inspector General of the Department such personnel may be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension without pay or
removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and on a quarterly basis
thereafter, the Office of the Inspector General of the
Department of State and the United States Agency for Global
Media shall submit to the appropriate congressional
committees and the Secretary of State a report in
unclassified form detailing the following:
(A) The number of individuals who have failed to comply
within 60 days with a request for an interview or access to
documents from the Office of the Inspector General pertaining
to a non-criminal matter.
(B) The date on which such requests were initially made.
(C) Any extension of time that was voluntarily granted to
such individual by the Office of the Inspector General.
(D) The general subject matters regarding which the Office
of the Inspector General has requested of such individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary,
but all other information required by the reports required
under such paragraph shall be provided in unclassified form.
SEC. 7326. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR
CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
CONSISTENT WITH THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department
of State shall maintain and update a list of overseas schools
receiving assistance from the Office and detailing the extent
to which each such school provides special education and
related services to children with disabilities in accordance
with part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.). Each list required under this
section shall be posted on the public website of the Office
for access by members of the Foreign Service, Senior Foreign
Service, and their eligible family members.
SEC. 7327. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION
BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of
1980 (22 U.S.C. 4003) is amended by adding at the end the
following new subsection:
``(c)(1) A member of the Service or member of the Senior
Foreign Service whose performance will be evaluated by a
selection board may submit to such selection board a gap memo
in advance of such evaluation.
``(2) Members of a selection board may not consider as
negative the submission of a gap memo by a member described
in paragraph (1) when evaluating the performance of such
member.
``(3) In this subsection, the term `gap memo' means a
written record, submitted to a selection board in a standard
format established by the Director General of the Foreign
Service, which indicates and explains a gap in the record of
a member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by such selection
board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the
Director General in consultation with the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of
the enactment of this Act, the Director General of the
Foreign Service shall consult with the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate regarding the development of
the gap memo under subsection (c) of section 603 of the
Foreign Service Act of 1980, as added by subsection (a).
(2) Definition.--In this subsection, the term ``gap memo''
has the meaning given such term in subsection (c) of section
603 of the Foreign Service Act of 1980.
Subtitle D--A Diverse Workforce: Recruitment, Retention, and Promotion
SEC. 7401. DEFINITIONS.
In this subtitle:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
[[Page H5009]]
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as such term is defined in section 2101 of title 5, United
States Code);
(B) individuals who are members of the Foreign Service (as
such term defined in section 103 of the Foreign Service Act
of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service limited
appointment under section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949); or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.
SEC. 7402. COLLECTION, ANALYSIS, AND DISSEMINATION OF
WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall,
in consultation with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget, submit to the appropriate congressional committees a
report, which shall also be published on a publicly available
website of the Department in a searchable database format,
that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the
Department of State.
(b) Data.--The report under subsection (a) shall include
the following data to the maximum extent collection of such
data is permissible by law:
(1) Demographic data on each element of the workforce of
the Department of State, disaggregated by rank and grade or
grade-equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 5-year period ending on
the date of the enactment of this Act, including promotions
to and within the Senior Executive Service or the Senior
Foreign Service.
(D) Individuals serving during the 5-year period ending on
the date of the enactment of this Act as special assistants
in any of the offices of the Secretary of State, the Deputy
Secretary of State, the Counselor of the Department of State,
the Secretary's Policy Planning Staff, the Under Secretary
for Arms Control and International Security, the Under
Secretary for Civilian Security, Democracy, and Human Rights,
the Under Secretary for Economic Growth, Energy, and the
Environment, the Undersecretary for Management, the
Undersecretary of State for Political Affairs, and the
Undersecretary for Public Diplomacy and Public Affairs.
(E) Individuals serving in the 5-year period ending on the
date of the enactment of this Act in each bureau's front
office.
(F) Individuals serving in the 5-year period ending on the
date of the enactment of this Act as detailees to the
National Security Council.
(G) Individuals serving on applicable selection boards.
(H) Members of any external advisory committee or board who
are subject to appointment by individuals at senior positions
in the Department.
(I) Individuals participating in professional development
programs of the Department, and the extent to which such
participants have been placed into senior positions within
the Department after such participation.
(J) Individuals participating in mentorship or retention
programs.
(K) Individuals who separated from the agency during the 5-
year period ending on the date of the enactment of this Act,
including individuals in the Senior Executive Service or the
Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity
Commission Management Directive 715, effective October 1,
2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in section 1401(4),
and the percentages corresponding to each rank, grade, or
grade-equivalent.
(c) Recommendation.--The Secretary of State may include in
the report under subsection (a) a recommendation to the
Director of Office of Management and Budget and to the
appropriate congressional committees regarding whether the
Department of State should be permitted to collect more
detailed data on demographic categories in addition to the
race and ethnicity categories specified in the Office of
Management and Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398), in
order to comply with the intent and requirements of this Act.
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department of State--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual
assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities, and
minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service
Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase representation in
international affairs of people belonging to traditionally
under-represented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout the
United States to reduce the burden of applicants having to
travel at their own expense to take either or both such
examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program; and
(iii) other initiatives, including agency-wide policy
initiatives.
(e) Annual Updates.--Not later than one year after the
publication of the report required under subsection (a) and
annually thereafter for the following five years, the
Secretary of State shall work with the Director of the Office
of Personnel Management and the Director of the Office of
Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the
Department's website, which may be included in another annual
report required under another provision of law, that
includes--
(1) disaggregated demographic data, to the maximum extent
collection of such data is permissible by law, relating to
the workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data, to the maximum
extent collection of such data is permissible by law,; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and
the rate of placement into senior positions for participants
in such programs.
SEC. 7403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department of State--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the
Department of State who separates from service with the
Department to better understand the reasons of such
individual for leaving such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of the Bureau of
Human Resources or its equivalent shall analyze demographic
data and other information obtained through interviews under
subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 1402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department of State shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development
[[Page H5010]]
program offered or sponsored by the Department differs among
the demographic categories of the workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 7404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of State shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department of State to have a recruitment plan of action for
the recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-
discrimination.--
(1) In general.--The Secretary of State shall, through the
Foreign Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department of State's Diversity and
Inclusion Strategic Plan for 2016-2020 to promote diversity
in Bureau awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training based on analysis by the Department or
OPM analysis.
(2) Best practices.--The Department of State shall give
special attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 7405. PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL
SECURITY WORKFORCE.
(a) In General.--The Secretary of State shall ensure that
individuals in senior and supervisory positions of the
Department of State, or Department individuals having
responsibilities related to recruitment, retention, or
promotion of employees, should have a demonstrated commitment
to equal opportunity, diversity, and inclusion.
(b) Consideration.--In making any recommendations on
nominations, conducting interviews, identifying or selecting
candidates, or appointing acting individuals for positions
equivalent to an Assistant Secretary or above, the Secretary
of State shall use best efforts to consider at least one
individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary of State shall establish a
mechanism to ensure that appointments or details of
Department of State employees to staff positions in the
Offices of the Secretary, the Deputy Secretary, the Counselor
of the Department, the Secretary's Policy Planning Staff, or
any of the Undersecretaries of State, and details to the
National Security Council, are transparent, competitive,
equitable, and inclusive, and made without regard to an
individual's race, color, religion, sex (including pregnancy,
transgender status, or sexual orientation), national origin,
age (if 40 or older), disability, or genetic information.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
the mechanism required under paragraph (1).
(d) Availability.--The Secretary of State shall use best
efforts to consider at least one individual reflective of
diversity for the staff positions specified in subsection
(c)(1) and ensure such positions are equitably available to
employees of the civil service and Foreign Service.
SEC. 7406. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary of State shall implement
performance and advancement requirements that reward and
recognize the efforts of individuals in senior positions and
supervisors in the Department of State in fostering an
inclusive environment and cultivating talent consistent with
merit system principles, such as through participation in
mentoring programs or sponsorship initiatives, recruitment
events, and other similar opportunities.
(2) Outreach events.--The Secretary of State shall create
opportunities for individuals in senior positions and
supervisors in the Department of State to participate in
outreach events and to discuss issues relating to diversity
and inclusion with the workforce on a regular basis,
including with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department of State appoint members,
the Secretary of State is strongly encouraged by Congress to
ensure such external advisory committee or board is
developed, reviewed, and carried out by qualified teams that
represent the diversity of the organization.
SEC. 7407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary of State is authorized to
expand professional development opportunities that support
the mission needs of the Department of State, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary of State shall offer, or
sponsor members of the workforce to participate in, a Senior
Executive Service candidate development program or other
program that trains members on the skills required for
appointment to senior positions in the Department of State.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary of State shall--
(i) ensure any program offered or sponsored by the
Department of State under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior
positions as a factor in determining the number of candidates
to select for such programs;
(iii) understand how participation in any program offered
or sponsored by the Department under such subparagraph
differs by gender, race, national origin, disability status,
or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 7408. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department of State should offer both the Foreign Service
written examination and oral assessment in more locations
throughout the United States. Doing so would ease the
financial burden on potential candidates who do not currently
reside in and must travel at their own expense to one of the
few locations where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of
Examiners for the Foreign Service annually offers the oral
assessment examinations described in paragraph (1) in cities,
chosen on a rotating basis, located in at least three
different time zones across the United States.''.
SEC. 7409. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of
the Donald M. Payne International Development Fellowship
Program may conduct outreach to attract outstanding students
with an interest in pursuing a Foreign Service career who
represent diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary of State shall
review past programs designed to increase minority
representation in international affairs positions.
SEC. 7410. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this subtitle should be
construed so as to compel any employee to participate in the
collection of the
[[Page H5011]]
data or divulge any personal information. Department of State
employees shall be informed that their participation in the
data collection contemplated by this subtitle is voluntary.
(b) Privacy Protection.--Any data collected under this
subtitle shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
Subtitle E--Information Security
SEC. 7501. DEFINITIONS.
In this subtitle:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 7502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State, in consultation with the Director of National
Intelligence, shall develop or maintain, as the case may be,
and update as frequently as the Secretary determines
appropriate, a list of covered contractors with respect to
which the Department should seek to avoid entering into
contracts. Not later than 30 days after the initial
development of the list under this subsection, any update
thereto, and annually thereafter for five years after such
initial 30 day period, the Secretary shall submit to the
appropriate congressional committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.
SEC. 7503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS
CONDUCTED RELATED TO OFFICIAL DUTIES OF
POSITIONS IN THE PUBLIC TRUST OF THE AMERICAN
PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that
all officers and employees of the Department and the United
States Agency for International Development are obligated
under chapter 31 of title 44, United States Code (popularly
referred to as the Federal Records Act of 1950), to create
and preserve records containing adequate and proper
documentation of the organization, functions, policies,
decisions, procedures, and essential transactions or
operations of the Department and United States embassies,
consulates, and missions abroad, including records of
official communications with foreign government officials or
other foreign entities.
(b) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a certification in
unclassified form that Secretary has communicated to all
Department personnel, including the Secretary of State and
all political appointees, that such personnel are obligated
under chapter 31 of title 44, United States Code, to treat
electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying
Federal records.
SEC. 7504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and inserting
``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 7505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to
identify and report vulnerabilities of internet-facing
information technology of the Department of State in exchange
for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
design, establish, and make publicly known a Vulnerability
Disclosure Process (VDP) to improve Department of State
cybersecurity by--
(A) providing security researchers with clear guidelines
for--
(i) conducting vulnerability discovery activities directed
at Department information technology; and
(ii) submitting discovered security vulnerabilities to the
Department; and
(B) creating Department procedures and infrastructure to
receive and fix discovered vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary of State shall--
(A) identify which Department of State information
technology should be included in the process;
(B) determine whether the process should differentiate
among and specify the types of security vulnerabilities that
may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in which
such vulnerabilities should be reported;
(D) identify which Department offices and positions will be
responsible for receiving, prioritizing, and addressing
security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how to
ensure that individuals, organizations, and companies that
comply with the requirements of the process are protected
from prosecution under section 1030 of title 18, United
States Code, and similar provisions of law for specific
activities authorized under the process;
(F) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016
Vulnerability Disclosure Program, ``Hack the Pentagon'', and
subsequent Department of Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of the process as constructive and to the extent practicable;
and
(H) award contracts to entities, as necessary, to manage
the process and implement the remediation of discovered
security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next five years, the Secretary of State
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report on the VDP, including information
relating to the following:
(A) The number and severity of all security vulnerabilities
reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of State
remediation plans.
(D) The average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to implement the
VDP and complete security vulnerability remediation.
(F) Any other information the Secretary determines
relevant.
(c) Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
establish a bug bounty pilot program to minimize security
vulnerabilities of internet-facing information technology of
the Department of State.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary of State shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other internet-facing information
technology of the Department of State that are accessible to
the public;
(B) award contracts to entities, as necessary, to manage
such pilot program and for executing the remediation of
security vulnerabilities identified pursuant to subparagraph
(A);
(C) identify which Department of State information
technology should be included in such pilot program;
(D) consult with the Attorney General on how to ensure that
individuals, organizations, or companies that comply with the
requirements of such pilot program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law for specific activities
authorized under such pilot program;
(E) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016 ``Hack
the Pentagon'' pilot program and subsequent Department of
Defense bug bounty programs;
(F) develop a process by which an approved individual,
organization, or company can register with the entity
referred to in subparagraph (B), submit to a background check
as determined by the Department of State, and receive a
determination as to eligibility for participation in such
pilot program;
[[Page H5012]]
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of such pilot program as constructive and to the extent
practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the Department
of State's internet-accessible systems, such as the scans
conducted pursuant to Binding Operational Directive BOD-19-02
or successor directive.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than one year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on such pilot program, including information
relating to--
(A) the number of approved individuals, organizations, or
companies involved in such pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security vulnerabilities
reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(F) the types of compensation provided under such pilot
program; and
(G) the lessons learned from such pilot program.
(d) Use of Funds.--Compensation offered by the Department
subject to this section shall be funded by funds authorized
to be appropriated by section 7101.
Subtitle F--Public Diplomacy
SEC. 7601. SHORT TITLE.
This subtitle may be cited as the ``Public Diplomacy
Modernization Act of 2021''.
SEC. 7602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department of State; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 7603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary of
State, acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
appoint a Director of Research and Evaluation (referred to in
this subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department of State.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department of
State in order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy programs and activities across all public
diplomacy bureaus and offices are designed to meet
appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than one year after
the appointment of the Director pursuant to paragraph (1),
the Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department of State shall ensure that research
and evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department of State pursuant
to subsection (b) shall be made available to be disbursed at
the direction of the Director of Research and Evaluation
among the research and evaluation staff across all public
diplomacy bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department of State should gradually increase its
allocation of funds made available under the headings
``Educational and Cultural Exchange Programs'' and
``Diplomatic Programs'' for research and evaluation of public
diplomacy programs and activities of the Department pursuant
to subsection (b) to a percentage of program funds that is
commensurate with Federal Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for
the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department of State shall maintain,
collect, use, and disseminate records (as such term is
defined in section 552a(a)(4) of title 5, United States Code)
for audience research, digital analytics, and impact
evaluation of communications related to public diplomacy
efforts intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department of State and the United States Agency for Global
Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.
SEC. 7604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) In General.--Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
(b) Clerical Amendment.--The table of contents in section
1002(b) of the Foreign Affairs Reform and Restructuring Act
of 1998 is amended by amending the item relating to section
1334 to read as follows:
``Sec. 1334. Continuation of United States Advisory Commission on
Public Diplomacy.''.
[[Page H5013]]
SEC. 7605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
State shall establish a working group to explore the
possibilities and cost-benefit analysis of transitioning to a
shared services model as such pertains to human resources,
travel, purchasing, budgetary planning, and all other
executive support functions for all bureaus of the Department
that report to the Under Secretary for Public Diplomacy of
the Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a plan to implement
any such findings of the working group established under
subsection (a).
SEC. 7606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
adopt, and include in the Foreign Affairs Manual, guidelines
to collect and utilize information from each diplomatic post
at which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or
any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection
(a) shall include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming
at such diplomatic post if any public diplomacy facility
referred to in subsection (a) is closed or staff is co-
located in accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary of State
and the appropriate Under Secretaries and Assistant
Secretaries of the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report containing
the guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 7607. DEFINITIONS.
In this subtitle:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design
regarding specific audience segments to understand the
attitudes, interests, knowledge, and behaviors of such
audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect
to the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
Subtitle G--Combating Public Corruption
SEC. 7701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries
and enhance such countries' ability to combat public
corruption; and
(3) the Department of State should--
(A) promote coordination among the Federal departments and
agencies implementing programs to promote good governance and
combat public corruption in foreign countries in order to
improve effectiveness and efficiency; and
(B) identify areas in which United States efforts to help
other countries promote good governance and combat public
corruption could be enhanced.
SEC. 7702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2022 through
2027, the Secretary of State shall assess the capacity and
commitment of foreign governments to which the United States
provides foreign assistance under the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control
Act (22 U.S.C. 2751 et seq.) to combat public corruption.
Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to
which public power is exercised for private gain, to identify
those countries that are most vulnerable to public
corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified
under paragraph (1)--
(A) has adopted measures to prevent public corruption, such
as measures to inform and educate the public, including
potential victims, about the causes and consequences of
public corruption;
(B) has enacted laws and established government structures,
policies, and practices that prohibit public corruption;
(C) enforces such laws through a fair judicial process;
(D) vigorously investigates, prosecutes, convicts, and
sentences public officials who participate in or facilitate
public corruption, including nationals of such country who
are deployed in foreign military assignments, trade
delegations abroad, or other similar missions who engage in
or facilitate public corruption;
(E) prescribes appropriate punishment for serious and
significant corruption that is commensurate with the
punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for significant
corruption that provides a sufficiently stringent deterrent
and adequately reflects the nature of the offense;
(G) convicts and sentences persons responsible for such
acts that take place wholly or partly within the country of
such government, including, as appropriate, requiring the
incarceration of individuals convicted of such acts;
(H) holds private sector representatives accountable for
their role in public corruption; and
(I) addresses threats for civil society to monitor anti-
corruption efforts;
(3) further consider--
(A) verifiable measures taken by the government of a
country identified under paragraph (1) to prohibit government
officials from participating in, facilitating, or condoning
public corruption, including the investigation, prosecution,
and conviction of such officials;
(B) the extent to which such government provides access,
or, as appropriate, makes adequate resources available, to
civil society organizations and other institutions to combat
public corruption, including reporting, investigating, and
monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption cases
impartially, on the basis of facts and in accordance with
law, without any improper restrictions, influences,
inducements, pressures, threats, or interferences, whether
direct or indirect, from any source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen government
and judicial institutions and the rule of law to prevent,
prohibit, and punish public corruption; and
(E) the extent to which such government--
(i) is assisting in international investigations of
transnational public corruption networks and in other
cooperative efforts to combat serious, significant
corruption, including cooperating with the governments of
other countries to extradite corrupt actors;
(ii) recognizes the rights of victims of public corruption,
ensures their access to justice, and takes steps to prevent
such victims from being further victimized or persecuted by
corrupt actors, government officials, or others; and
(iii) refrains from prosecuting legitimate victims of
public corruption or whistleblowers due to such persons
having assisted in exposing public corruption, and refrains
from other discriminatory treatment of such persons; and
(4) contain such other information relating to public
corruption as the Secretary of State considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary of State shall identify, of the
countries described in subsection (a)(1)--
(1) which countries are meeting minimum standards to combat
public corruption;
(2) which countries are not meeting such minimum standards
but are making significant efforts to do so; and
(3) which countries are not meeting such minimum standards
and are not making significant efforts to do so.
(c) Report.--Except as provided in subsection (d), not
later than 180 days after the date of the enactment of this
Act and annually thereafter through fiscal year 2027, the
Secretary of State shall submit to the appropriate
congressional committees, the Committee on Appropriations of
the House of Representatives, and the Committee on
Appropriations of the Senate a report, and make such report
publicly available, that--
(1) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(2) describes the methodology and data utilized in the
assessments under subsection (a); and
[[Page H5014]]
(3) identifies the reasons for the identifications referred
to in paragraph (1).
(d) Briefing in Lieu of Report.--The Secretary of State may
waive the requirement to submit and make publicly available a
written report under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-corruption
efforts in one or more countries; or
(B) threaten the national interests of the United States;
and
(2) provides to the appropriate congressional committees a
briefing that--
(A) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(B) describes the methodology and data utilized in the
assessment under subsection (a); and
(C) identifies the reasons for the identifications referred
to in subparagraph (A).
SEC. 7703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of
section 1702(b), the Secretary of State, in coordination with
the Administrator of the United States Agency for
International Development, as appropriate, shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in contracts,
grants, and cooperative agreements entered into by the
Department of State or the United States Agency for
International Development for or in such countries, which
allow for the termination of such contracts, grants, or
cooperative agreements, as the case may be, without penalty
if credible indicators of public corruption are discovered;
(B) the inclusion of appropriate clawback or flowdown
clauses within the procurement instruments of the Department
of State and the United States Agency for International
Development that provide for the recovery of funds
misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department of State or the United States Agency for
International Development; and
(D) the establishment of mechanisms for investigating
allegations of misappropriated resources and equipment.
SEC. 7704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified under
paragraphs (2) and (3) of section 1702(b), or which the
Secretary otherwise determines is in need of such a point of
contact. The point of contact shall be the chief of mission
or the chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for coordinating and overseeing the implementation of a
whole-of-government approach among the relevant Federal
departments and agencies operating programs that--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries to--
(A) combat public corruption; and
(B) develop and implement corruption risk assessment tools
and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
Subtitle H--Other Matters
SEC. 7801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``sixty'' and
inserting ``30''; and
(B) in the second sentence, by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States
Government that enters into any international agreement
described in subsection (a) on behalf of the United States,
shall designate a Chief International Agreements Officer,
who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 7802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following ``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 7803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end;
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.
SEC. 7804. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings'' and inserting
``and historic buildings, and unimpeded access to those
sites''; and
(ii) by striking ``and protected'' and inserting ``,
protected, and made accessible''; and
(B) in paragraph (3), by striking ``and protecting'' and
inserting ``, protecting, and making accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains an evaluation of the extent to
which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of
United States citizens from eastern and central Europe, were
the Commission's duties and powers extended to include other
regions, including the Middle East and North Africa, and any
additional resources or personnel the Commission would
require.
SEC. 7805. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of
the authority pursuant to section 127e of title 10, United
State Code, or section 1202 of the National Defense
Authorization Act for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence.
SEC. 7806. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed
Services of the House of Representatives, and the Committee
on Armed Services of the Senate a report evaluating the
efforts
[[Page H5015]]
of the Coronavirus Repatriation Task Force of the Department
of State to repatriate United States citizens and legal
permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
amendment no. 287 offered by mr. meeks of new york
Add at the end of subsection (c) of title XII of division A
the following:
SEC. 12__. CONGRESSIONAL NOTIFICATION REGARDING
CRYPTOCURRENCY PAYMENTS BY THE DEPARTMENT OF
STATE.
(a) In General.--Subsection (e) of section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is
amended by adding at the end the following new paragraph:
``(7) Notification.--The Secretary of State shall notify
the appropriate congressional committees not later than 15
days before payment in cryptocurrency of a reward under this
section.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on the use
of cryptocurrency as a part of the Department of State
Rewards Program pursuant to section 36 of the of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708).
Such report shall--
(1) explain why the Department of State made the
determination to pay out rewards in cryptocurrency;
(2) lists each cryptocurrency payment already paid by the
Department;
(3) provides evidence as to why cryptocurrency payments
would be more likely to induce whistleblowers to come forward
with information than rewards paid out in United States
dollars or other prizes;
(4) analyzes how the Department's use of cryptocurrency
could undermine the dollar's status as the global reserve
currency; and
(5) examines if the Department's use of cryptocurrency
could provide bad actors with additional hard-to-trace funds
that could be used for criminal or illicit purposes.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate.
amendment no. 288 offered by mr. meeks of new york
At the appropriate place in title LX of division E, insert
the following:
SEC. __. PROHIBITION ON CONTRIBUTIONS TO SUPPORT THE G5 SAHEL
JOINT FORCE.
No Federal funds may be authorized to be appropriated or
otherwise made available for assessed contributions to the
United Nations that support the Joint Force of the Group of
Five for the Sahel, also known as the G5 Sahel Joint Force,
as comprised on the date of the enactment of this Act or any
future iterations thereof, to protect the integrity of
Chapter VII of the United Nations Charter (Action with
Respect to Threats to the Peace, Breaches of the Peace, and
Acts of Aggression).
amendment no. 289 offered by ms. meng of new york
Add at the end the following:
DIVISION F--GLOBAL PANDEMIC PREVENTION AND BIOSECURITY
SEC. 7001. SHORT TITLE.
This division may be cited as the ``Global Pandemic
Prevention and Biosecurity Act''.
SEC. 7002. STATEMENT OF POLICY.
It shall be the policy of the United States Government to--
(1) support improved community health, forest management,
sustainable agriculture, and safety of livestock production
in developing countries;
(2) support the availability of scalable and sustainable
alternative animal and plant-sourced protein for local
communities, where appropriate, in order to minimize human
reliance on the trade in live wildlife and raw or unprocessed
wildlife parts and derivatives;
(3) support foreign governments to--
(A) transition from the sale of such wildlife for human
consumption in markets and restaurants to alternate protein
and nutritional sources;
(B) prevent commercial trade in live wildlife and raw or
unprocessed wildlife parts and derivatives that risks
contributing to zoonotic spillover events between animals and
humans, not to include commercial trade in--
(i) fish;
(ii) invertebrates;
(iii) amphibians;
(iv) reptiles; or
(v) the meat of game species--
(I) traded in markets in countries with effective
implementation and enforcement of scientifically based,
nationally implemented policies and legislation for
processing, transport, trade, marketing; and
(II) sold after being slaughtered and processed under
sanitary conditions; and
(C) establish and effectively manage protected and
conserved areas, including in tropical landscapes, and
including indigenous and community-conserved areas;
(4) encourage development projects that do not contribute
to the destruction, fragmentation or degradation of forests
or loss of biodiversity; and
(5) respect the rights and needs of indigenous people and
local communities dependent on such wildlife for nutritional
needs and food security.
SEC. 7003. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations in the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations in the Senate.
(3) Commercial wildlife trade.--The term ``commercial
wildlife trade'' means trade in wildlife for the purpose of
obtaining economic benefit, whether in cash or otherwise,
that is directed toward sale, resale, exchange, or any other
form of economic use or benefit.
(4) Human consumption.--The term ``human consumption''
means specific use for human food or medicine.
(5) Live wildlife market.--The term ``live wildlife
market'' means a commercial market that sells, processes, or
slaughters live or fresh wildlife for human consumption in
markets or restaurants, irrespective of whether such wildlife
originated in the wild or in a captive situation.
(6) One health.--The term ``One Health'' means a
collaborative, multisectoral, and trans-disciplinary approach
achieving optimal health outcomes that recognizes the
interconnection between--
(A) people, wildlife, and plants; and
(B) the environment shared by such people, wildlife, and
plants.
(7) Outbreak.--The term ``outbreak'' means the occurrence
of disease cases in excess of normal expectancy.
(8) Public health emergency.--The term ``public health
emergency'' means the public health emergency declared by the
Secretary of Health and Human Services pursuant to section
319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID-19.
(9) Spillover event.--The term ``spillover event'' means
the transmission of a pathogen from one species to another.
(10) Task force.--The term ``Task Force'' means the Global
Zoonotic Disease Task Force established under section
7006(a).
(11) USAID.--The term ``USAID'' means the United States
Agency for International Development.
(12) Zoonotic disease.--The term ``zoonotic disease'' means
any disease that is naturally transmissible between animals
and humans.
SEC. 7004. FINDINGS.
Congress makes the following findings:
(1) The majority of recent emerging infectious diseases
have originated in wildlife.
(2) There is a rise in the frequency of zoonotic spillover
events and outbreaks of such diseases.
(3) This rise in such spillover events and outbreaks
relates to the increased interaction between humans and
wildlife.
(4) There is a progressive and increasing rise in
interaction between human populations and wildlife related to
deforestation, habitat degradation, and expansion of human
activity into the habitat of such wildlife.
(5) The increase in such interactions due to these factors,
particularly in forested regions of tropical countries where
there is high mammalian diversity, is a serious risk factor
for spillover events.
(6) A serious risk factor for spillover events also relates
to the collection, production, commercial trade, and sale for
human consumption of wildlife that may transmit to zoonotic
pathogens to humans that may then replicate and be
transmitted within the human population.
(7) Such a risk factor is increased if it involves wildlife
that--
(A) does not ordinarily interact with humans; or
(B) lives under a stressful condition, as such condition
exacerbates the shedding of zoonotic pathogens.
(8) Markets for such wildlife to be sold for human
consumption are found in many countries.
(9) In some communities, such wildlife may be the only
accessible source of high quality nutrition.
(10) The public health emergency has resulted in--
(A) trillions of dollars in economic damage to the United
States; and
(B) the deaths of hundreds of thousands of American
citizens.
SEC. 7005. UNITED STATES POLICY TOWARD ASSISTING COUNTRIES IN
PREVENTING ZOONOTIC SPILLOVER EVENTS.
The Secretary of State and Administrator of the United
States Agency for International Development, in consultation
with the Director of the United States Fish and Wildlife
Service, the Secretary of Agriculture, and the leadership of
other relevant agencies, shall coordinate, engage, and work
with governments, multilateral entities,
[[Page H5016]]
intergovernmental organizations, international partners, and
non-governmental organizations to--
(1) prevent commercial trade in live wildlife and raw or
unprocessed wildlife parts and derivatives for human
consumption that risks contributing to zoonotic spillover,
placing a priority focus on tropical countries or countries
with significant markets for live wildlife for human
consumption, which includes such wildlife trade activities
as--
(A) high volume commercial trade and associated markets;
(B) trade in and across well connected urban centers;
(C) trade for luxury consumption or where there is no
dietary necessity by--
(i) working through existing treaties, conventions, and
agreements to develop a new protocol, or to amend existing
protocols or agreements; and
(ii) expanding combating wildlife trafficking programs to
support enforcement of the closure of such markets and new
illegal markets in response to closures, and the prevention
of such trade, including--
(I) providing assistance to improve law enforcement;
(II) detecting and deterring the illegal import, transit,
sale and export of wildlife;
(III) strengthening such programs to assist countries
through legal reform;
(IV) improving information sharing and enhancing
capabilities of participating foreign governments;
(V) supporting efforts to change behavior and reduce demand
for such wildlife products; and
(VI) leveraging United States private sector technologies
and expertise to scale and enhance enforcement responses to
detect and prevent such trade;
(D) leveraging strong United States bilateral relationships
to support new and existing inter-ministerial collaborations
or task forces that can serve as regional One Health models;
or
(E) building local agricultural capacity by leveraging
expertise from the Department of Agriculture, U.S. Fish and
Wildlife, and institutions of higher education with
agricultural expertise;
(2) prevent the degradation and fragmentation of forests
and other intact ecosystems, particularly in tropical
countries, to minimize interactions between wildlife and
human and livestock populations that could contribute to
spillover events and zoonotic disease transmission, including
by providing assistance or supporting policies to--
(A) conserve, protect, and restore the integrity of such
ecosystems;
(B) support the rights of indigenous peoples and local
communities and their abilities to continue their effective
stewardships of their traditional lands and territories;
(C) support the establishment and effective management of
protected areas, prioritizing highly intact areas; and
(D) prevent activities that result in the destruction,
degradation, fragmentation, or conversion of intact forests
and other intact ecosystems and biodiversity strongholds,
including by governments, private sector entities, and
multilateral development financial institutions;
(3) offer alternative livelihood and worker training
programs and enterprise development to wildlife traders,
wildlife breeders, and local communities whose members are
engaged in the commercial wildlife trade for human
consumption;
(4) work with indigenous peoples and local communities to--
(A) ensure that their rights are respected and their
authority to exercise such rights is protected;
(B) provide education and awareness on animal handling,
sanitation, and disease transmission, as well as sustainable
wildlife management and support to develop village-level
alternative sources of protein and nutrition;
(C) reduce the risk of zoonotic spillover while ensuring
food security and access to healthy diets; and
(D) improve farming practices to reduce the risk of
zoonotic spillover to livestock;
(5) strengthen global capacity for detection of zoonotic
diseases with pandemic potential; and
(6) support the development of One Health systems at the
community level.
SEC. 7006. GLOBAL ZOONOTIC DISEASE TASK FORCE.
(a) Establishment.--There is established a task force to be
known as the ``Global Zoonotic Disease Task Force''.
(b) Duties of Task Force.--The duties of the Task Force
shall be to--
(1) ensure an integrated approach across the Federal
Government and globally to the prevention of, early detection
of, preparedness for, and response to zoonotic spillover and
the outbreak and transmission of zoonotic diseases that may
pose a threat to global health security;
(2) not later than one year after the date of the enactment
of this Act, develop and publish, on a publicly accessible
website, a plan for global biosecurity and zoonotic disease
prevention and response that leverages expertise in public
health, wildlife health, livestock veterinary health,
sustainable forest management, community-based conservation,
rural food security, and indigenous rights to coordinate
zoonotic disease surveillance internationally, including
support for One Health institutions around the world that can
prevent and provide early detection of zoonotic outbreaks;
and
(3) expanding the scope of the implementation of the White
House's Global Health Security Strategy to more robustly
support the prevention of zoonotic spillover and respond to
zoonotic disease investigations and outbreaks by establishing
a 10-year strategy with specific Federal Government
international goals, priorities, and timelines for action,
including to--
(A) recommend policy actions and mechanisms in developing
countries to reduce the risk of zoonotic spillover and
zoonotic disease emergence and transmission, including in
support of the activities described in section 7005;
(B) identify new mandates, authorities, and incentives
needed to strengthen the global zoonotic disease plan under
paragraph (2); and
(C) prioritize engagement in programs that target tropical
countries and regions experiencing high rates of
deforestation, forest degradation, and land conversion, and
countries with significant markets for live wildlife for
human consumption.
(c) Membership.--
(1) In general.--The members of the Task Force established
pursuant to subsection (a) shall be composed of
representatives from each of the following agencies:
(A) One permanent Chairperson at the level of Deputy
Assistant Secretary or above from the following agencies, to
rotate every two years in an order to be determined by the
Administrator:
(i) The Animal and Plant Health Inspection Service of the
Department of Agriculture.
(ii) The Department of Health and Human Services or the
Centers for Disease Control and Prevention.
(iii) The Department of the Interior or the United States
Fish and Wildlife Service.
(iv) The Department of State or USAID.
(v) The National Security Council.
(B) At least 13 additional members, with at least one from
each of the following agencies:
(i) The Centers for Disease Control and Prevention.
(ii) The Department of Agriculture.
(iii) The Department of Defense.
(iv) The Department of State.
(v) The Environmental Protection Agency.
(vi) The National Science Foundation.
(vii) The National Institutes of Health.
(viii) The National Institute of Standards and Technology.
(ix) The Office of Science and Technology Policy.
(x) The United States Agency for International Development.
(xi) The United States Fish and Wildlife Service.
(xii) U.S. Customs and Border Protection.
(xiii) U.S. Immigration and Customs Enforcement.
(2) Timing of appointments.--Appointments to the Task Force
shall be made not later than 30 days after the date of the
enactment of this Act.
(3) Terms.--
(A) In general.--Each member of the Task Force shall be
appointed for a term of two years.
(B) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that term until a successor has been appointed.
(d) Meeting.--
(1) Initial meeting.--The Task Force shall hold its initial
meeting not later than 45 days after the final appointment of
all members under subsection (b)(2).
(2) Meetings.--
(A) In general.--The Task Force shall meet at the call of
the Chairperson.
(B) Quorum.--Eight members of the Task Force shall
constitute a quorum, but a lesser number may hold hearings.
(e) Compensation.--
(1) Prohibition of compensation.--Except as provided in
paragraph (2), members of the Task Force may not receive
additional pay, allowances, benefits by reason of their
service on the Task Force.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Reports.--
(1) Report to task force.--Not later than 6 months after
the enactment of this act and annually thereafter, the
Federal agencies listed in subsection (b), shall submit a
report to the Task Force containing a detailed statement with
respect to the results of any programming within their
agencies that addresses the goals of zoonotic spillover and
disease prevention.
(2) Report to congress.--Not later than 12 months after the
date of the enactment of this Act and annually thereafter,
the Task Force shall submit to the appropriate congressional
committees and the National Security Advisor a report
containing a detailed statement of the recommendations of the
Council pursuant to subsection (b).
(g) FACA.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act shall not apply to the Task Force. The Task
Force is authorized for seven years beginning on the date of
the enactment of this Act, and up to an additional two years
at the discretion of the Task Force Chairperson.
[[Page H5017]]
SEC. 7007. PREVENTING OUTBREAKS OF ZOONOTIC DISEASES.
(a) Integrated Zoonotic Diseases Program.--There is
authorized an integrated zoonotic diseases program within the
United States Agency for International Development's global
health security programs, led by the Administrator, in
consultation with the Director for the Centers for Disease
Control and Prevention and other relevant Federal agencies,
to prevent spillover events, epidemics, and pandemics through
the following activities:
(1) Partnering with a consortium that possesses the
following technical capabilities:
(A) Institution with expertise in global wildlife health
and zoonotic pathogen, animal care and management, combating
wildlife trafficking, including community-based conservation,
wildlife trade and trafficking, wildlife habitat protection,
protected area management, and preventing deforestation and
forest degradation.
(B) Institutions of higher education with veterinary and
public health expertise.
(C) Institutions with public health expertise.
(2) Implementing programs that aim to prevent zoonotic
spillover and expand on the results of the USAID Emerging
Pandemic Threat Outcomes program, including PREDICT and
PREDICT-2, to prioritize the following activities:
(A) Utilizing coordinated information and data sharing
platforms, including information related to biosecurity
threats, in ongoing and future research.
(B) Conducting One Health zoonotic research at human-
wildlife interfaces.
(C) Conducting One Health research into known and novel
zoonotic pathogen detection.
(D) Conducting surveillance, including biosecurity
surveillance, of priority and unknown zoonotic diseases and
the transmission of such diseases.
(E) Preventing spillover events of zoonotic diseases.
(F) Investing in frontline diagnostic capability at points
of contact.
(G) Understanding global and national-level legal and
illegal wildlife trade routes and value chains, and their
impacts on biodiversity loss on human-wildlife interfaces.
(H) Understanding the impacts of land-use change and
conversion and biodiversity loss on human-wildlife interfaces
and zoonotic spillover risk.
(I) Supporting development of One Health capacity and
systems at the community level including integrating
activities to improve community health, promote sustainable
management and conservation of forests, and ensure safety in
livestock production and handling.
(J) Utilizing existing One Health trained workforce in
developing countries to identify high risk or reoccurring
spillover event locations and concentrate capacity and
functionality at such locations.
(K) Continuing to train a One Health workforce in
developing countries to prevent and respond to disease
outbreaks in animals and humans, including training protected
area managers in disease collection technology linked to
existing data sharing platforms.
(b) Termination.--The integrated zoonotic diseases program
authorized under this section shall terminate on the date
that is ten years after the date of the enactment of this
Act.
SEC. 7008. USAID MULTISECTORAL STRATEGY FOR FOOD SECURITY,
GLOBAL HEALTH, BIODIVERSITY CONSERVATION, AND
REDUCING DEMAND FOR WILDLIFE FOR HUMAN
CONSUMPTION.
(a) In General.--The Administrator shall develop, and
publish on a publicly accessible website, a multisectoral
strategy for food security, global health, and biodiversity
protection and shall include information about zoonotic
disease surveillance in the reports required by section
406(b) of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020.
(b) Multisectoral Strategy.--The Administrator of the
United States Agency for International Development (USAID),
through sectoral and regional bureaus, shall develop a
multisectoral strategy to integrate and mitigate risks of
zoonotic disease emergence and spread, food insecurity,
biodiversity conservation, and wildlife and habitat
destruction. The strategy shall include participation of the
following:
(1) The Bureau for Africa.
(2) The Bureau for Asia.
(3) The Bureau for Economic Growth, Education, and
Environment.
(4) The Bureau for Global Health.
(5) The Bureau for Latin America and the Caribbean.
(6) The Bureau for Resiliency, and Food Security.
(7) The Democracy, Conflict, and Humanitarian Assistance
Bureau.
(c) Contents.--The USAID multisectoral strategy developed
pursuant to subsection (a) shall include--
(1) a statement of the United States intention to
facilitate international cooperation to prevent commercial
trade in live wildlife and raw or unprocessed wildlife parts
and derivatives for human consumption, that risk contributing
to zoonotic spillover and to prevent the degradation and
fragmentation of forests and other intact ecosystems in
tropical countries while ensuring full consideration to the
needs and rights of Indigenous Peoples and local communities
that depend on wildlife for their food security;
(2) programs supporting integrated One Health activities to
improve community health, promote the sustainable management,
conservation, and restoration of forests, and ensure safety
in livestock production and handling;
(3) programs and objectives to change wildlife consumers'
behavior, attitudes and consumption of wildlife that risks
contributing to zoonotic spillover;
(4) programs to increase supplies of sustainably and
locally produced alternative animal and plant-based sources
of protein and nutrition;
(5) programs to protect, maintain and restore ecosystem
integrity;
(6) programs to ensure that countries are sufficiently
prepared to detect, report, and respond to zoonotic disease
spillover events;
(7) programs to prevent, prepare for, detect, report, and
respond to zoonotic disease spillover events; and
(8) the identification of Landscape Leaders residing in-
country who will coordinate strategic implementation, the
overseeing of Conservation Corps volunteers, and coordination
with donors and award recipients throughout the term of the
project.
SEC. 7009. IMPLEMENTATION OF MULTISECTORAL STRATEGY.
(a) Implementation.--The USAID multisectoral strategy under
section 7008 shall be implemented--
(1) through USAID bilateral programs through missions and
embassies and will account for half of the portfolio; and
(2) through demonstration projects that meet the
requirements of subsection (b) and account for half of the
portfolio.
(b) Demonstration Projects.--
(1) Purpose.--The purpose of demonstration projects under
subsection (a) shall be to--
(A) pilot the implementation of the USAID multisectoral
strategy by leveraging the international commitments of the
donor community;
(B) prevent pandemics and reduce demand for fresh and live
wildlife source foods as a way to stop spillover;
(C) establish and increase availability of and access to
sustainably and locally produced animal and plant-based
sources of protein and nutrition to provide an alternative to
the growing wild meat demand in urban, suburban, and exurban
communities; and
(D) realize the greatest impact in low capacity forested
countries with susceptibility to zoonotic spillover and
spread that can lead to a pandemic.
(2) Demonstration project country plans.--
(A) In general.--USAID shall lead a collaborative effort in
coordination with the Department of State, embassies of the
United States, and the International Development Finance
Corporation to consult with in-country stakeholder and
participants in key forested countries to develop a plan that
reflects the local needs and identifies measures of
nutrition, yield gap analysis, global health safeguards,
forest and biodiversity protection, bushmeat demand reduction
and consumer behavior change, and market development
progress, within 90 days of completion of the multisectoral
strategy.
(B) Eligible projects.--Eligible demonstration projects
shall include small holder backyard production of animal
source foods including poultry, fish, guinea pigs, and
insects.
(C) Stakeholders and participants.--Stakeholder and
participants in the development of the multisectoral country
plans shall include but are not limited to--
(i) recipient countries;
(ii) donors governments;
(iii) multilaterals institutions;
(iv) conservation organizations;
(v) One Health institutions;
(vi) agricultural extension services;
(vii) domestic and international institutions of higher
education;
(viii) food security experts;
(ix) United States grain and animal protein production
experts;
(x) social marketing and behavioral change experts; and
(xi) financial institutions and micro-enterprise experts.
(3) Change in livelihoods.--Multisectoral country plans
shall include programs to re-train individuals no longer
engaged in supplying wildlife markets in fundamental
components of commercial animal source food production,
including agriculture extension, veterinary care, sales and
marketing, supply chains, transportation, livestock feed
production, micro-enterprise, and market analysis.
(4) Location of demonstration projects.--Collaboration
between United States Government assistance and other donor
investments shall occur in five demonstration projects, which
shall be in Africa, Asia, and Latin America.
(5) Timing.--Five demonstration projects shall be selected
and each shall be tested over four years after the date of
the enactment of this Act.
(c) Reporting.--
(1) Agency report.--The Administrator shall annually submit
to the global zoonotic disease task force established
pursuant to section 7006, the President, and the appropriate
congressional committees a report regarding the progress
achieved and challenges concerning the development of a
multisectoral strategy for food security, global health,
biodiversity, and reducing demand for wildlife for human
consumption required under this section. Data included in
each
[[Page H5018]]
such report shall be disaggregated by country, and shall
include recommendations to resolve, mitigate, or otherwise
address such challenges. Each such report shall, to the
extent possible, be made publicly available.
(2) Report to congress.--The Administrator shall submit a
strategy within one year of the enactment of this Act
outlining the implementation of the country plans and
identifying demonstration sites and criteria for pilot
programs. Four years after the enactment, the Administrator
shall submit a reassessment of the strategy to Congress, as
well as a recommendation as to whether and how to expand
these programs globally.
SEC. 7010. ESTABLISHMENT OF CONSERVATION CORPS.
(a) In General.--The Administrator shall establish a
Conservation Corps to provide Americans eligible for service
abroad, under conditions of hardship if necessary, to deliver
technical and strategic assistance to in-country leaders of
demonstration projects, stakeholders, and donors implementing
and financing the multisectoral strategy under section 7008
to reduce demand for wildlife for human consumption through
food security, global health, and biodiversity and related
demonstration projects.
(b) Persons Eligible to Serve as Volunteers.--The
Administrator may enroll in the Conservation Corps for
service abroad qualified citizens and nationals for short
terms of service at the discretion of the Administrator.
(c) Responsibilities.--The Conservation Corps volunteers
shall be responsible for--
(1) providing training to agricultural producers to
encourage participants to share and pass on to other
agricultural producers in the home communities of the
participants the information and skills obtained from the
training under this section;
(2) identifying areas for the extension of additional
technical resources through farmer-to-farmer exchanges; and
(3) conducting assessments of individual projects and
bilateral strategies and recommend knowledge management
strategies toward building programs to scale and
strengthening projects.
amendment no. 290 offered by ms. meng of new york
At the end of title LX of division E, insert the following:
SEC. 6__. MENSTRUAL PRODUCTS IN PUBLIC BUILDINGS.
(a) Requirement.--Each appropriate authority shall ensure
that menstrual products are stocked in, and available free of
charge in, each covered restroom in each covered public
building under the jurisdiction of such authority.
(b) Definitions.--In this section:
(1) Appropriate authority.--The term ``appropriate
authority'' means the head of a Federal agency, the Architect
of the Capitol, or other official authority responsible for
the operation of a covered public building.
(2) Covered public building.--The term ``covered public
building'' means a public building, as defined in section
3301 of title 40, United States Code, that is open to the
public and contains a public restroom, and includes a
building listed in section 6301 or 5101 of such title.
(3) Covered restroom.--The term ``covered restroom'' means
a restroom in a covered public building, except for a
restroom designated solely for use by men.
(4) Menstrual products.--The term ``menstrual products''
means sanitary napkins and tampons that conform to applicable
industry standards.
amendment no. 291 offered by ms. meng of new york
Add at the end of subtitle C of title VII the following new
section:
SEC. 7__. MANDATORY TRAINING ON TREATMENT OF EATING
DISORDERS.
The Secretary of Defense shall furnish to each medical
professional who provides direct care services under the
military health system a mandatory training, consistent with
generally accepted standards of care, on how to screen,
intervene, and refer patients to treatment, for the severe
mental illness of eating disorders.
amendment no. 292 offered by ms. meng of new york
Add at the end of title LX the following new section:
SEC. 60__. DEPARTMENT OF VETERANS AFFAIRS AWARENESS CAMPAIGN
ON FERTILITY SERVICES.
(a) Awareness Campaign.--The Secretary of Veterans Affairs
shall conduct an awareness campaign regarding the types of
fertility treatments, procedures, and services covered under
the medical benefits package of the Department of Veterans
Affairs that are available to veterans experiencing issues
with fertility.
(b) Modes of Outreach.--In carrying out subsection (a), the
Secretary shall ensure that a variety of modes of outreach
are incorporated into the awareness campaign under such
subsection, taking into consideration the age range of the
veteran population.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that includes a
summary of the actions that have been taken to implement the
awareness campaign under subsection (a) and how the Secretary
plans to better engage women veterans, to ensure awareness of
such veterans regarding covered fertility services available.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services of the House of
Representatives and the Senate; and
(2) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
amendment no. 293 offered by mrs. miller of west virginia
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. BRIEFING ON STATUS OF WOMEN AND GIRLS IN
AFGHANISTAN.
The Secretary of Defense shall provide to members of
Congress a briefing on the status of women and girls in
Afghanistan as a result of the Taliban rule and after the
withdrawal of United States Armed Forces from the country, in
comparison to the preceding decade.
amendment no. 294 offered by mrs. miller of west virginia
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
SEC. 6013. MEMORIAL FOR THOSE WHO LOST THEIR LIVES IN THE
ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT ON
AUGUST 26, 2021.
The Secretary of Defense may establish a commemorative work
on Federal land owned by the Department of Defense in the
District of Columbia and its environs to commemorate the 13
members of the Armed Forces who died in the bombing attack on
Hamid Karzai International Airport on August 26, 2021.
amendment no. 295 offered by mrs. miller of west virginia
At the end of subtitle B of title XII, add the following:
SEC. 12_. PROHIBITION ON USE OF FUNDS FOR MILITARY
COOPERATION OR INTELLIGENCE SHARING WITH THE
TALIBAN.
None of the funds authorized to be appropriated or
otherwise made available by this Act may be used for military
cooperation or intelligence sharing with the Taliban.
amendment no. 296 offered by mrs. miller of west virginia
Page 811, line 12, strike ``and classified material'' and
insert ``classified material, and money in cash''.
amendment no. 297 offered by mrs. miller of west virginia
Page 532, after line 23, insert the following:
SEC. 642. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM.
Section 805 of the Federal Lands Recreation Enhancement Act
(Public Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is
amended--
(1) in subsection (a)(4), by striking ``age and disability
discounted'' and inserting ``age discount and lifetime''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Discounted'' and
inserting ``Free and Discounted'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Disability discount'' and
inserting ``Lifetime passes''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Any veteran who provides adequate proof of military
service as determined by the Secretary.
``(C) Any member of a Gold Star Family who meets the
eligibility requirements of section 3.2 of Department of
Defense Instruction 1348.36 (or a successor instruction).'';
and
(C) in paragraph (3)--
(i) in the heading, by striking ``Gold star families parks
pass'' and inserting ``Annual passes''; and
(ii) by striking ``members of'' and all that follows
through the end of the sentence and inserting ``members of
the Armed Forces and their dependents who provide adequate
proof of eligibility for such pass as determined by the
Secretary.''.
amendment no. 298 offered by ms. moore of wisconsin
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
SEC. 6013. COREY ADAMS GREEN ALERT SYSTEMS TECHNICAL
ASSISTANCE.
(a) Definitions.--In this section:
(1) Missing veteran.--The term ``missing veteran'' means an
individual who--
(A) is reported to, or identified by, a law enforcement
agency as a missing person;
(B) is a veteran; and
(C) meets the requirements to be designated as a missing
veteran, as determined by the State in which the individual
is reported or identified as a missing person.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(3) Green alert.--The term ``Green Alert'' means an alert
issued through the Green Alert communications network,
related to a missing veteran.
(4) Veteran.--The term ``veteran'' means an individual who
is currently serving or a former member who served in the
United States Armed Forces, including National Guard, or a
Reserve or auxiliary unit from any branch of the Armed
Forces.
[[Page H5019]]
(b) Technical Assistance.--The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
provide financial and technical assistance to a State that
has established or has under consideration legislation to
establish a Green Alert or other system specifically
dedicated to locating missing veterans or active duty members
of the Armed Forces (or both), to help ensure the effective
use of those systems to successfully find and recover current
or former members of the Armed Forces.
(c) Content of Assistance.--Such assistance shall include--
(1) helping the State develop, revise, or update criteria
for issuing such alerts, including on when to issue such
alerts, training to provide to law enforcement on interacting
with veterans or service members, and provide recommendations
on how best to protect the privacy, dignity, and independence
of veterans or service members who are the subject of such
alerts;
(2) providing assistance to the State on protecting the
privacy of veterans and service memebers, including sensitive
medical information, as such alerts are issued;
(3) designating officials to serve or participate on any
advisory committees established by the State or local
governments to provide oversight of Green Alert systems
dedicated to finding missing veterans;
(4) for those veterans recovered by such systems, helping
ensure such veterans are connected to any services provided
by the Department of Veterans Affairs or the Department of
Defense to which they are entitled as a result of their
service, including housing and healthcare;
(5) providing public education on these systems to military
or veteran communities in such States, including on
facilities of the Department of Veterans Affairs or the
Department of Defense located in such States;
(6) supporting efforts to train State and local law
enforcement who issue such alerts and search for such
individuals on the unique needs of veterans and service
members; and
(7) ensuring officials of the Department of Veterans
Affairs or the Department of Defense in such States are aware
of Green Alerts, understand how they work, and integrate them
with any plan for locating missing veterans at a base or
facility of the Department of Veterans Affairs or the
Department of Defense.
(d) Use of Existing Mechanisms.--To the maximum extent
possible, the Secretaries shall use, existing mechanisms,
including advisory committees and programs, to meet the
requirements of this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000 for fiscal year 2022 to carry
out this section.
(f) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Office of Secretary of Defense, Line
540, is hereby reduced by $2,000,000.
amendment no. 299 offered by mr. moulton of massachusetts
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT
TERRAIN IN CYBERSPACE.
(a) Mission-relevant Terrain.--Not later than January 1,
2025, the Department of Defense shall have completed mapping
of mission-relevant terrain in cyberspace for Defense
Critical Assets and Task Critical Assets at sufficient
granularity to enable mission thread analysis and situational
awareness, including required--
(1) decomposition of missions reliant on such Assets;
(2) identification of access vectors;
(3) internal and external dependencies;
(4) topology of networks and network segments;
(5) cybersecurity defenses across information and
operational technology on such Assets; and
(6) identification of associated or reliant weapon systems.
(b) Combatant Command Responsibilities.--Not later than
January 1, 2024, the Commanders of United States European
Command, United States Indo-Pacific Command, United States
Northern Command, United States Strategic Command, United
States Space Command, United States Transportation Command,
and other relevant Commands, in coordination with the
Commander of United States Cyber Command, in order to enable
effective mission thread analysis, cyber situational
awareness, and effective cyber defense of Defense Critical
Assets and Task Critical Assets under their control or in
their areas of responsibility, shall develop, institute, and
make necessary modifications to--
(1) internal combatant command processes, responsibilities,
and functions;
(2) coordination with service components under their
operational control, United States Cyber Command, Joint
Forces Headquarters-Department of Defense Information
Network, and the service cyber components;
(3) combatant command headquarters' situational awareness
posture to ensure an appropriate level of cyber situational
awareness of the forces, facilities, installations, bases,
critical infrastructure, and weapon systems under their
control or in their areas of responsibility, in particular,
Defense Critical Assets and Task Critical Assets; and
(4) documentation of their mission-relevant terrain in
cyberspace.
(c) Department of Defense Chief Information Officer
Responsibilities.--
(1) In general.--Not later than November 1, 2023, the Chief
Information Officer of the Department of Defense shall
establish or make necessary changes to policy, control
systems standards, risk management framework and authority to
operate policies, and cybersecurity reference architectures
to provide baseline cybersecurity requirements for
operational technology in facilities, installations, bases,
critical infrastructure, and weapon systems across the
Department of Defense Information Network.
(2) Implementation of policies.--The Chief Information
Officer shall leverage acquisition guidance, concerted
assessment of the Department's operational technology
enterprise, and coordination with the military department
principal cyber advisors and chief information officers to
drive necessary change and implementation of relevant policy
across the Department's facilities, installations, bases,
critical infrastructure, and weapon systems.
(3) Additional responsibilities.--The Chief Information
Officer shall ensure that policies, control systems
standards, and cybersecurity reference architectures--
(A) are implementable by components of the Department;
(B) in their implementation, limit adversaries' ability to
reach or manipulate control systems through cyberspace;
(C) appropriately balance non-connectivity and monitoring
requirements;
(D) include data collection and flow requirements;
(E) interoperate with and are informed by the operational
community's workflows for defense of information and
operational technology in facilities, installations, bases,
critical infrastructure, and weapon systems;
(F) integrate and interoperate with Department mission
assurance construct; and
(G) are implemented with respect to Defense Critical Assets
and Task Critical Assets.
(d) United States Cyber Command Operational
Responsibilities.--Not later than January 1, 2025, the
Commander of United States Cyber Command shall make necessary
modifications to the mission, scope, and posture of Joint
Forces Headquarters-Department of Defense Information Network
to ensure that Joint Forces Headquarters--
(1) has appropriate visibility of operational technology in
facilities, installations, bases, critical infrastructure,
and weapon systems across the Department of Defense
Information Network and, in particular, Defense Critical
Assets and Task Critical Assets;
(2) can effectively command and control forces to defend
such operational technology; and
(3) has established processes for--
(A) incident and compliance reporting;
(B) ensuring compliance with Department of Defense
cybersecurity policy; and
(C) ensuring that cyber vulnerabilities, attack vectors,
and security violations, in particular those specific to
Defense Critical Assets and Task Critical Assets, are
appropriately managed.
(e) United States Cyber Command Functional
Responsibilities.--Not later than January 1, 2025, the
Commander of United States Cyber Command shall--
(1) ensure in its role of Joint Forces Trainer for the
Cyberspace Operations Forces that operational technology
cyber defense is appropriately incorporated into training for
the Cyberspace Operations Forces;
(2) delineate the specific force composition requirements
within the Cyberspace Operations Forces for specialized cyber
defense of operational technology, including the number,
size, scale, and responsibilities of defined Cyber Operations
Forces elements;
(3) develop and maintain, or support the development and
maintenance of, a joint training curriculum for operational
technology-focused Cyberspace Operations Forces;
(4) support the Chief Information Officer as the
Department's senior official for the cybersecurity of
operational technology under this section;
(5) develop and institutionalize, or support the
development and institutionalization of, tradecraft for
defense of operational technology across local defenders,
cybersecurity service providers, cyber protection teams, and
service-controlled forces; and
(6) develop and institutionalize integrated concepts of
operation, operational workflows, and cybersecurity
architectures for defense of information and operational
technology in facilities, installations, bases, critical
infrastructure, and weapon systems across the Department of
Defense Information Network and, in particular, Defense
Critical Assets and Task Critical Assets, including--
(A) deliberate and strategic sensoring of such Network and
Assets;
(B) instituting policies governing connections across and
between such Network and Assets;
(C) modelling of normal behavior across and between such
Network and Assets;
(D) engineering data flows across and between such Network
and Assets;
(E) developing local defenders, cybersecurity service
providers, cyber protection teams, and service-controlled
forces' operational workflows and tactics, techniques, and
procedures optimized for the designs, data flows, and
policies of such Network and Assets;
[[Page H5020]]
(F) instituting of model defensive cyber operations and
Department of Defense Information Network operations
tradecraft; and
(G) integrating of such operations to ensure
interoperability across echelons; and
(7) advance the integration of the Department of Defense's
mission assurance, cybersecurity compliance, cybersecurity
operations, risk management framework, and authority to
operate programs and policies.
(f) Service Responsibilities.--No later than January 1,
2025, the Secretaries of the military departments, through
the service principal cyber advisors, chief information
officers, the service cyber components, and relevant service
commands, shall make necessary investments in operational
technology in facilities, installations, bases, critical
infrastructure, and weapon systems across the Department of
Defense Information Network and the service-controlled forces
responsible for defense of such operational technology to--
(1) ensure that relevant local network and cybersecurity
forces are responsible for defending and appropriately
postured to defend operational technology across facilities,
installations, bases, critical infrastructure, and weapon
systems, in particular Defense Critical Assets and Task
Critical Assets;
(2) ensure that relevant local operational technology-
focused system operators, network and cybersecurity forces,
mission defense teams and other service-retained forces, and
cyber protection teams are appropriately trained, including
through common training and use of cyber ranges, as
appropriate, to execute the specific requirements of
cybersecurity operations in operational technology;
(3) ensure that all Defense Critical Assets and Task
Critical Assets are monitored and defended by Cybersecurity
Service Providers;
(4) ensure that operational technology is appropriately
sensored and appropriate cybersecurity defenses, including
technologies associated with the More Situational Awareness
for Industrial Control Systems Joint Capability Technology
Demonstration, are employed to enable defense of Defense
Critical Assets and Task Critical Assets;
(5) implement Department of Defense Chief Information
Officer policy germane to operational technology, in
particular with respect to Defense Critical Assets and Task
Critical Assets;
(6) plan for, designate, and train dedicate forces to be
utilized in operational technology-centric roles across the
military services and United States Cyber Command; and
(7) ensure that operational technology, as appropriate, is
not easily accessible via the internet and that cybersecurity
investments accord with mission risk to and relevant access
vectors for Defense Critical Assets and Task Critical Assets.
(g) Office of the Secretary of Defense Responsibilities.--
No later than January 1, 2023, the Secretary of Defense
shall--
(1) assess and finalize Office of the Secretary of Defense
components' roles responsibilities for the cybersecurity of
operational technology in facilities, installations, bases,
critical infrastructure, and weapon systems across the
Department of Defense Information Network;
(2) assess the need to establish centralized or dedicated
funding for remediation of cybersecurity gaps in operational
technology across the Department of Defense Information
Network and to drive implementation of this section;
(3) make relevant modifications to the Department of
Defense's mission assurance construct, Mission Assurance
Coordination Board, and other relevant bodies to drive--
(A) prioritization of kinetic and non-kinetic threats to
the Department's missions and minimization of mission risk in
the Department's war plans;
(B) prioritization of relevant mitigations and investments
to harden and assure the Department's missions and minimize
mission risk in the Department's war plans; and
(C) completion of mission relevant terrain mapping of
Defense Critical Assets and Task Critical Assets and
population of associated assessment and mitigation data in
authorized repositories;
(4) make relevant modifications to the Strategic
Cybersecurity Program; and
(5) drive and provide oversight of the implementation of
this section.
(h) Budget Rollout Briefings.--
(1) Until January 1, 2024, at the annual staffer day
briefings for the Committees on Armed Services of the Senate
and the House of Representatives, each of the Secretaries of
the military departments, the Commander of United States
Cyber Command, and the Department of Defense Chief
Information Officer shall provide updates on activities
undertaken and progress made against the specific
requirements of this section.
(2) No less frequently than annually until January 1, 2024,
beginning no later than 1 year after the date of the
enactment of this Act, the Under Secretary of Defense for
Policy, the Under Secretary of Defense for Acquisition and
Sustainment, the Chief Information Officer, and the Joint
Staff J6, representing the combatant commands, shall
individually or together provide briefings to the Committees
on Armed Services of the Senate and the House of
Representatives on activities undertaken and progress made
against the specific requirements of this section.
(i) Implementation.--
(1) In general.--In implementing this section, the
Department of Defense shall prioritize the cybersecurity and
cyber defense of Defense Critical Assets and Task Critical
Assets and shape cyber investments, policy, operations, and
deployments to ensure cybersecurity and cyber defense.
(2) Application.--This section shall apply to assets owned
and operated by the Department of Defense, as well as
applicable, non-Department of Defense assets essential to the
projection, support, and sustainment of military forces and
operations worldwide.
(j) Definition.--In this section, ``operational
technology'' refers to control systems, or controllers,
communication architectures, and user interfaces that monitor
or control infrastructure and equipment operating in various
environments, such as weapons systems, utility or energy
production and distribution, medical, logistics, nuclear,
biological, chemical, and manufacturing facilities.
amendment no. 300 offered by mr. moulton of massachusetts
Page 853 after line 9, insert the following:
(E) Diversity and inclusion.--Members of the Commission
appointed pursuant to subparagraph (A) shall be appointed in
a manner to ensure that, collectively, the members of the
Commission--
(i) have significant--
(I) professional and academic experience in the planning,
programming, budgeting, and executions system;
(II) resource allocation and financial management expertise
from the private sector; and
(III) appropriations oversight experience from the
legislative branch of the Government; and
(ii) represent the broadest possible diversity based on
gender, race, ethnicity, disability status, veteran status,
sexual orientation, gender identity, national origin, and
other demographic categories.
amendment no. 301 offered by mrs. napolitano of california
At the end of subtitle A of title III, insert the
following:
SEC. 3__. INCREASE IN FUNDING FOR CIVIL MILITARY PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Civil Military Programs is hereby increased by
$35,281,000 (to be used in support of the National Guard
Youth Challenge Program).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Office of Secretary of Defense, Line
540, is hereby reduced by $35,281,000.
amendment no. 302 offered by mrs. napolitano of california
At the end of subtitle A of title V, insert the following:
SEC. 509. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE
PROGRAM.
(a) Authority.--During fiscal year 2022, the Secretary of
Defense may provide assistance to a National Guard Youth
Challenge Program of a State--
(1) in addition to assistance under subsection (d) of
section 509 of title 32, United States Code;
(2) that is not subject to the matching requirement under
such subsection; and
(3) for the following purposes:
(A) New program start-up costs.
(B) Special projects.
(C) Workforce development programs.
(D) Emergency costs.
(b) Limitations.--
(1) Matching.--The Secretary may not provide additional
assistance under this section to a State that does not comply
with the matching requirement under such subsection regarding
assistance under such subsection.
(2) Total assistance.--Total assistance under this section
to all States may not exceed 10 percent of the funds
appropriated for the National Guard Youth Challenge Program
for fiscal year 2022.
(c) Reporting.--Any assistance provided under this section
shall be included in the annual report under subsection (k)
of such section.
amendment no. 303 offered by mr. neguse of colorado
After section 623, insert the following and redesignate
subsequent sections accordingly:
SEC. 624. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND THE FUNERAL AND MEMORIAL
SERVICES OF MEMBERS.
Section 452(b) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(18) Presence of family members at the funeral and
memorial services of members.''.
amendment no. 305 offered by mr. neguse of colorado
At the end of subtitle B of title III, insert the
following:
SEC. 3__. GRANTS FOR MAINTAINING OR IMPROVING MILITARY
INSTALLATION RESILIENCE.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by adding at the end the
following new subparagraph:
``(D)(i) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds,
[[Page H5021]]
in order to assist a State or local government in planning
and implementing measures and projects that, as determined by
the Secretary of Defense, will contribute to maintaining or
improving military installation resilience. Amounts
appropriated or otherwise made available for assistance under
this subparagraph shall remain available until expended.
``(ii) In the case of funds provided under this
subparagraph for projects involving the preservation,
maintenance, or restoration of natural features for the
purpose of maintaining or enhancing military installation
resilience, such funds may be provided in a lump sum and
include an amount intended to cover the future costs of the
natural resource maintenance and improvement activities
required for the preservation, maintenance, or restoration of
such natural features, and may be placed by the recipient in
an interest-bearing or other investment account, and any
interest or income shall be applied for the same purposes as
the principal.''; and
(2) in subsection (e)(1), by striking ``subsection
(b)(1)(D)'' inserting ``paragraphs (1)(D) and (E) and (5)(D)
of subsection (b) and subsection (d)''.
amendment no. 306 offered by mr. neguse of colorado
At the end of subtitle B of title III, insert the
following:
SEC. 3__. INCLUSION OF INFORMATION REGARDING CLIMATE CHANGE
IN REPORTS ON NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
Section 2504(3)(B) of title 10, United States Code, is
amended--
(1) by redesignating clauses (i) through (iii) as clauses
(ii) through (iv), respectively; and
(2) by inserting before clause (ii), as so redesignated,
the following new clause (i):
``(i) vulnerabilities related to the current and projected
impacts of climate change and to cyberattacks or
disruptions;''.
amendment no. 307 offered by mr. neguse of colorado
At the end of subtitle B of title III, insert the
following:
SEC. 3__. SENSE OF CONGRESS REGARDING REPORT OF THE
INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE.
(a) Findings.--Congress makes the following findings:
(1) The Intergovernmental Panel on Climate Change has
provided valuable scientific assessments on climate change
since its creation in 1988.
(2) The first part of the Sixth Assessment Report, Climate
Change 2021: The Physical Science Basis, was finalized on
August 6, 2021.
(3) The report finds that the global average temperature is
expected to reach or exceed 1.5 degrees celsius above pre-
industrial levels within the coming decades without immediate
and large-scale efforts to reduce greenhouse gas emissions.
(4) This increase in global temperature will affect all
regions of the world, impacting weather patterns, sea levels,
ocean temperatures, biodiversity, and more.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should take the most recent
report of the Intergovernmental Panel on Climate Change into
consideration when carrying out resiliency efforts and making
energy and transportation decisions for military bases and
installations; and
(2) the Department of Defense should consider adding the
recommendations of the Sixth Assessment Report to the Unified
Facilities Criteria where appropriate.
amendment no. 308 offered by mr. neguse of colorado
At the end of subtitle E of title XXVIII, add the following
new section:
SEC. 28__. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO
PROMOTE ENERGY EFFICIENT MILITARY
INSTALLATIONS.
(a) Amendment Required.--Not later than September 1, 2022,
the Secretary of Defense shall amend the Unified Facilities
Criteria relating to military construction planning and
design to ensure that building practices and standards of the
Department of Defense incorporate the latest consensus-based
codes and standards for energy efficiency and conservation,
including the 2021 International Energy Conservation Code and
the ASHRAE Standard 90.1-2019.
(b) Conditional Availability of Funds.--Not more than 25
percent of the funds authorized to be appropriated for fiscal
year 2022 for Department of Defense planning and design
accounts relating to military construction projects may be
obligated until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate a certification that the
Secretary--
(1) has initiated the amendment process required by
subsection (a); and
(2) intends to complete such process by September 1, 2022.
(c) Implementation of Unified Facilities Criteria
Amendments.--
(1) Compliance deadline.--Any Department of Defense Form
1391 submitted to Congress after September 1, 2022 shall
comply with the Unified Facilities Criteria, as amended
pursuant to this section.
(2) Certification.--Not later than March 1, 2023, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate the
completion and full incorporation of the amendments made
pursuant to subsection (a) into military construction
planning and design.
(d) Annual Review Required.--The Secretary of Defense shall
conduct an annual review comparing the Unified Facilities
Criteria and industry best practices for the purpose of
ensuring that military construction building practices and
standards of the Department of Defense relating to military
installation energy efficiency and energy conservation remain
up-to-date with the latest consensus-based energy codes and
standards that provide energy savings. Not later than March 1
each year, the Secretary shall submit the results of the most
recent review to the Committees on Armed Services of the
House of Representatives and the Senate.
amendment no. 309 offered by mr. neguse of colorado
At the end of title LX of division E, add the following:
SEC. 11__. HOUSING ALLOWANCE FOR FEDERAL WILDLAND
FIREFIGHTERS.
The Secretary of the Interior and the Secretary of
Agriculture shall provide a housing allowance to any Federal
wildland firefighter hired at a location more than 50 miles
from their primary residence. Such allowance shall be in an
amount determined appropriate by the Secretaries and adjusted
based on the cost of housing in the area of deployment.
amendment no. 310 offered by mr. neguse of colorado
At the end of title LX of division E, add the following:
SEC. 11__. MENTAL HEALTH PROGRAM FOR FEDERAL WILDLAND
FIREFIGHTERS.
(a) Mental Health Program.--Not later than 180 days after
the date of enactment of this act, the Secretaries of the
Interior and Agriculture shall establish and carry out a
program for Federal wildland firefighters for mental health
awareness and support. Such program shall include--
(1) a mental health awareness campaign;
(2) a mental health education and training program that
includes an on-boarding curriculum;
(3) an extensive peer-to-peer mental health support network
for Federal wildland firefighters and their immediate family;
(4) expanding the Critical Incident Stress Management
Program through training, developing, and retaining a larger
pool of qualified mental health professionals who are
familiar with the experiences of the wildland firefighting
workforce, and monitoring and tracking mental health in the
profession to better understand the scope of the issue and
develop strategies to assist; and
(5) establish and carry out a new and distinct mental
health support service specific to Federal wildland
firefighters and their immediate family, with culturally
relevant and trauma-informed mental health professionals who
are readily available and not subject to any limit on the
number of sessions or service provided.
(b) Mental Health Leave.--Each Federal wildland firefighter
shall be entitled to 7 consecutive days of leave, without
loss or reduction in pay, during each calendar year for the
purposes of maintaining mental health. Such leave may only be
taken during the period beginning on June 1 and ending on
October 31 of any such year. If leave is not taken under this
section it expires after October 31 of the calendar year.
amendment no. 311 offered by mr. neguse of colorado
In section 2806, relating to use of qualified apprentices
by military construction contractors, strike subsection (b)
(page 1139, lines 20-23) and insert the following new
subsection (b):
``(b) Incentives.--
``(1) Incentives related to goals.--The Secretary of
Defense shall develop incentives for offerors for a contract
for military construction projects to meet or exceed the
goals described in subsection (a).
``(2) Incentives related to contractors.--To promote the
use of qualified apprentices by military construction
contractors, Congress encourages the Department of Defense to
contract with women-owned, minority-owned, and small
disadvantaged businesses.''.
amendment no. 312 offered by ms. newman of illinois
At the appropriate place in title V, insert the following:
SEC. 5__. STUDY AND REPORT ON HERBICIDE AGENT EXPOSURE IN
PANAMA CANAL ZONE.
(a) Study.--The Secretary of Defense shall conduct a study
on the exposure of members of the Armed Forces to herbicide
agents, including Agent Orange and Agent Purple, in the
Panama Canal Zone during the period beginning on January 1,
1958, and ending on December 31, 1999.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study conducted under subsection (a).
amendment no. 313 offered by ms. newman of illinois
At the end of subtitle F of title V, insert the following:
[[Page H5022]]
SEC. 5__. REQUIREMENT OF INVOLVEMENT OF REPRESENTATIVES OF
MILITARY AND VETERANS' SERVICE ORGANIZATIONS IN
THE TRANSITION ASSISTANCE PROGRAM OF THE
DEPARTMENT OF DEFENSE.
Section 1144 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1), by inserting ``may'' before
``provide'';
(C) in paragraph (2), by inserting ``may'' before ``use'';
(D) in paragraph (3), by inserting ``may'' before ``use'';
(E) in paragraph (4)--
(i) by inserting ``shall'' before ``use''; and
(ii) by inserting ``and accredited service officers'' after
``representatives'';
(F) in paragraph (5), by inserting ``may'' before
``enter'';
(G) in paragraph (6), in the matter preceding subparagraph
(A), by inserting ``may'' before ``enter''; and
(H) in paragraph (7), by inserting ``may'' before ``take'';
and
(2) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `veterans' service organization' means an
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of
title 38.
``(2) The term `accredited service officer' means a
representative who has been recommended for accreditation by
a veterans' service organization.''.
amendment no. 314 offered by ms. newman of illinois
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. APPLICATION OF PRICE EVALUATION PREFERENCE FOR
QUALIFIED HUBZONE SMALL BUSINESS CONCERNS TO
CERTAIN CONTRACTS.
(a) In General.--Section 31(c)(3) of the Small Business Act
(15 U.S.C. 657a(c)(3)) is amended by adding at the end the
following new subparagraph:
``(E) Application to certain contracts.--The requirements
of subparagraph (A) shall apply to an unrestricted order
issued under an unrestricted multiple award contract or the
unrestricted portion of a contract that is partially set
aside for competition restricted to small business
concerns.''.
(b) Rulemaking.--Not later than 90 days after the date of
the enactment of this section, the Administrator of the Small
Business Administration shall revise any rule or guidance to
implement the requirements of this section.
amendment no. 315 offered by mr. norman of south carolina
At the end of subtitle C of title II, add the following new
section:
SEC. 2____. REPORT DETAILING COMPLIANCE WITH DISCLOSURE
REQUIREMENTS FOR RECIPIENTS OF RESEARCH AND
DEVELOPMENT FUNDS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report detailing
compliance with the disclosure requirements for recipients of
research and development funds required under section 2374b
of title 10, United States Code.
amendment no. 316 offered by mr. norman of south carolina
Page 1390, insert after line 19 the following:
SEC. 6013. REPORTS ON SUBSTANCE ABUSE IN THE ARMED FORCES.
(a) Inspector General of the Department of Defense.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force, and the Commandant of the
Marine Corp shall each submit to the Committees on Armed
Services of the Senate and of the House of Representatives a
report on substance abuse disorder treatment concerns related
to service members and their dependents.
(b) Comptroller General of the United States.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of the Army, the Secretary of the Navy, the
Secretary of the Air Force, and the Commandant of the Marine
Corp shall submit to Congress a report regarding the use of
substance abuse disorder treatment programs located at or
around each installation. The report shall detail the number
of service members and dependents that are referred to
treatment programs, either residential or outpatient, and
either internal or contracted, the absence of treatment
capabilities within an installation or grouping of military
installations, and the costs associated with sending service
members or their dependents away from the immediate area for
substance use disorder treatment. The report shall also set
forth how the individual branches of the Armed Forces are
incorporating substance abuse disorder treatment into mental
health services both internal and contracted.
amendment no. 317 offered by ms. norton of district of columbia
At the end of title XI, add the following:
SEC. 11__. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY
OF FEDERAL EMPLOYEE OR DC EMPLOYEE SERVING AS A
MEMBER OF THE NATIONAL GUARD OF THE DISTRICT OF
COLUMBIA.
(a) In General.--Section 5519 of title 5, United States
Code, is amended by striking ``or (c)''.
(b) Application.--The amendment made by subsection (a)
shall apply to any amounts credited, by operation of such
section 5519, against the pay of an employee or individual
described under section 6323(c) of such title on or after the
date of enactment of this Act.
Amendment No. 318 Offered by Ms. Ocasio-Cortez of New York
At the end of subtitle C of title XIII, add the following:
SEC. 13_. PROHIBITION ON USE OF FUNDS TO PROVIDE FOR THE
COMMERCIAL EXPORT OR TRANSFER OF CERTAIN
MILITARY OR POLICY WEAPONRY TO SAUDI ARABIA'S
RAPID INTERVENTION FORCE.
(a) In General.--None of the funds authorized to be
appropriated or otherwise made available to carry out this
Act may be used to provide for the commercial export or
transfer of covered items to Saudi Arabia's Rapid
Intervention Force (RIF).
(b) Covered Items Defined.--In this section, the term
``covered items'' includes firearms, tanks or other vehicles,
tear gas, pepper spray, rubber bullets, foam rounds, bean bag
rounds, pepper balls, water cannons, handcuffs, shackles,
stun guns, tasers, military training, or any other military
or police weaponry.
Amendment No. 319 Offered by Ms. Ocasio-Cortez of New York
At the appropriate place in title LX of division E, insert
the following:
SEC. __. PROHIBITION ON THE USE OF FUNDS FOR AERIAL
FUMIGATION IN COLOMBIA.
None of the amounts authorized to be appropriated or
otherwise made available by this Act may be made available to
directly conduct aerial fumigation in Colombia unless there
are demonstrated actions by the Government of Colombia to
adhere to national and local laws and regulations.
Amendment No. 320 Offered by Ms. Ocasio-Cortez of New York
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. 13__. REPORT ON HUMAN RIGHTS IN COLOMBIA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committees a report that includes the following:
(1) A description of the security cooperation relationship
between the United States and Colombia, including a
description of United States objectives, any ongoing or
planned security cooperation activities with the military
forces of Colombia, and an identification of priority
capabilities of the military forces of Colombia that the
Department could enhance.
(2) An assessment of the capabilities of the military and
paramilitary forces of Colombia.
(3) A description of the human rights climate in Colombia,
an assessment of the Colombia military and paramilitary
forces' adherence to human rights, and a description of any
ongoing or planned cooperative activities between the United
States and Colombia focused on human rights.
(4) A description of the manner and extent to which a
security cooperation strategy between the United States and
Colombia could address any human rights abuses identified
pursuant to paragraph (3) or (4), encourage accountability
and promote reform through training on human rights, rule of
law, and rules of engagement.
Amendment No. 321 Offered by Ms. Ocasio-Cortez of New York
At the end of subtitle C of title XIII, add the following:
SEC. 13_. PROHIBITION ON EXPORTS OF ITEMS USED FOR CROWD
CONTROL PURPOSES TO COLOMBIA'S MOBILE ANTI-
DISTURBANCES SQUADRON.
(a) Determination Required.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter until 2032, the Secretary of State shall make a
determination as to whether Colombia's Mobile Anti-
Disturbances Squadron has committed gross violations of human
rights.
(b) Use of Funds and Issuance of Licenses Prohibited.--If
the Secretary of State determines under subsection (a) that
Colombia's Mobile Anti-Disturbances Squadron has committed
gross violations of human rights, then--
(1) none of the funds authorized to be appropriated or
otherwise made available by this Act may be used to
authorize, provide, or facilitate the delivery of covered
items to Colombia's Mobile Anti-Disturbances Squadron; and
(2) the President shall prohibit the issuance of licenses
to export covered items to Colombia's Mobile Anti-
Disturbances Squadron.
(c) Covered Items Defined.--In this section, the term
``covered items'' includes firearms, tanks, tear gas, pepper
spray, rubber bullets, foam rounds, bean bag rounds, pepper
balls, water cannons, handcuffs, shackles, stun guns, tasers,
or any other item that may be used for purposes of crowd
control.
Amendment No. 322 Offered by Ms. Omar of Minnesota
At the end of subtitle B of title XIII, add the following:
[[Page H5023]]
SEC. 1325. REPORT ON SECURITY ASSISTANCE TO THE GOVERNMENTS
OF MALI, GUINEA, AND CHAD.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees a report on security assistance provided to the
Governments of Mali, Guinea, and Chad for each of the fiscal
years 2019, 2020, and 2021.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list of units of such countries that have received or
participated in Department of Defense- or Department of
State-funded training, equipment, or other assistance
programs in such fiscal years, including a full accounting of
the specific programs under which such assistance was
provided.
(2) The dollar amounts spent on such programs for each of
such countries in such fiscal years.
(3) A list of individuals in such units involved in
unconstitutional military seizures of or transfers of power
in any of such countries.
(4) A list of units, if any, in each country that are
currently prohibited from receiving assistance pursuant to
section 362 of title 10, United States Code, or section 620M
of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d)
(collectively known as the ``Leahy Laws'').
(5) An assessment of the objectives of security training as
it relates to professionalization, stability, and human
rights and the extent to which such training has achieved
those objectives in such fiscal years, including details of
the metrics used to determine success.
(6) Lessons learned from the unconstitutional military
seizures of power in any of such countries and the ways in
which such lessons are being and will be applied to ongoing
and planned training, capacity-building, and other security
assistance initiatives in the region.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Amendment No. 323 Offered by Ms. Omar of Minnesota
Page 971, after line 23 insert the following:
SEC. 1325. ANNUAL REPORT RELATING TO THE SITUATION IN THE
DEMOCRATIC REPUBLIC OF THE CONGO.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act and annually for five years
thereafter, the Secretary of State and the Secretary of
Defense, in consultation with the Administrator of the United
States Agency for International Development and other
departments and agencies as determined necessary, shall
submit to the appropriate congressional committees an annual
report on the United States strategy for advancing security
sector reforms, demobilization, disengagement, and
reintegration efforts, anticorruption measures, and other
assistance and initiatives designed to address chronic
instability and other governance issues, localized armed
conflict, and the growing threat of transnational terrorism
in the Democratic Republic of the Congo (in this section
referred to as the ``DRC'').
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comprehensive assessment of the threat posed by the
Allied Democratic Forces, elements of which have declared as
an affiliate of the Islamic State, and any other affiliates
of the Islamic State or Al Qaeda based in the DRC, which
shall include, with respect to each such group--
(A) the capacity to strike--
(i) the United States homeland;
(ii) United States persons; and
(iii) interests in the United States or elsewhere;
(B) the connectivity to other Islamic State or Al Qaeda
affiliates and senior leaders of their respective core
organizations; and
(C) the major sources of revenue, including illicit and
licit activities and financial flows originating outside of
the DRC to senior leaders of the organizations.
(2) An assessment of how terrorist organizations and armed
groups exacerbate the ongoing humanitarian crisis in the DRC
and neighboring countries, including an analysis of the
extent to which elements of the Armed Forces of the
Democratic Republic of the Congo (in this section referred to
as the ``FARDC'') and other government entities collaborate
with, contribute to, or otherwise facilitate actors involved
in chronic armed conflict in the DRC.
(3) An assessment of the impact of the United Nations
Organization Stabilization Mission in the Democratic Republic
of the Congo (in this section referred to as the ``MONUSCO'')
on the security situation in the DRC over the previous five
fiscal years and recommendations for changes to the MONUSCO
mandate, if any, to improve its efficacy.
(4) A detailed account of United States foreign assistance
provided over the previous five fiscal years intended to
build FARDC capacity to counter terrorism and violent
extremism, to protect civilians, and to address longstanding
allegations of FARDC human rights abuses and collaboration
with armed groups in the DRC.
(5) A detailed account of United States foreign assistance
provided over the previous five fiscal years to address
humanitarian needs, counter corruption, and improve good
governance, including fiscal transparency, in the DRC.
(6) The statutory authorities under which assistance
described in paragraph (4) or (5) was provided, the amounts
provided under each authority, and an analysis of the
efficacy and impact of such assistance.
(7) A detailed proposal of what resources are required to
pursue the United States strategy outlined in subsection (a)
in the following year.
(c) Form.--The report required by subsection (a) shall be
submitted in an unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
Amendment No. 324 Offered by Ms. Omar of Minnesota
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. REPORT AND STRATEGY RELATING TO HUMAN TRAFFICKING
AND SLAVERY IN LIBYA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall submit to
Congress a report on combating human trafficking and slavery
in Libya.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the extent to which human trafficking
and slavery remain commonplace in Libya.
(2) An assessment of the role that the United Nations-
recognized Libyan Government, non-state actors, and foreign
governments have played in the propagation of human
trafficking and slavery in Libya since 2011.
(3) A summary of United States foreign policy tools that
have been considered or used to combat human trafficking and
slavery in Libya since 2011.
(4) An identification and assessment of the root causes of
human trafficking and slavery in Libya, including regional
conflicts and instability.
(5) An identification and assessment of domestic or
international options for pursuing accountability for
perpetrators of human trafficking and slavery in Libya.
(6) A strategy for diplomatic and development engagement to
address the root causes identified and assessed pursuant to
paragraph (4) and hold perpetrators accountable through the
options identified and assessed pursuant to paragraph (5).
Amendment No. 325 Offered by Mr. Pallone of New Jersey
At the end of subtitle A of title XII, add the following:
SEC. 12_. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER
CAPACITY PROGRAMS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report identifying
units of national security forces of foreign countries that--
(1) have participated in programs under the authority of
section 333 of title 10, United States Code, during any of
fiscal years 2017 through 2021; and
(2) have been determined to have committed gross violations
of internationally recognized human rights, including as
described in the annual Department of State's Country Reports
on Human Rights Practices.
(b) Matters to Be Included.--The report required by
subsection (a) should include recommendations to improve
human rights training and additional measures that can be
adopted to prevent violations of human rights under any other
provision of law.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Amendment No. 326 Offered by Mr. Panetta of California
At the end of title XI, add the following new section:
SEC. 11__. FEDERAL EMPLOYEE ANNUAL SURVEY.
(a) In General.--Subchapter II of chapter 29 of title 5,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2955. Federal employee annual survey
``(a) In General.--The Director of the Office of Personnel
Management shall conduct
[[Page H5024]]
an annual survey of Federal employees (including survey
questions prescribed under subsections (b) and (c)) to
assess--
``(1) leadership and management practices that contribute
to Executive agency performance and employee engagement; and
``(2) the satisfaction of such employees with--
``(A) Executive agency political and career leadership;
``(B) the work environment;
``(C) opportunities available to such employees--
``(i) to recommend workplace improvements;
``(ii) to raise concerns and report possible wrongdoings;
``(iii) to contribute to achieving organizational missions;
and
``(iv) for professional development and growth;
``(D) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational missions;
``(E) Executive agency commitment and actions to ensure
diversity, equity, and inclusion at work; and
``(F) organizational adaptability, resilience, and openness
to change.
``(b) Regulations.--The Director of the Office of Personnel
Management shall issues regulations implementing this
section, including regulations prescribing survey questions
permitting comparisons across Executive agencies, requiring
that such questions must be included on each survey conducted
under subsection (a), and setting the sequencing of such
questions.
``(c) Agency-specific Questions.--
``(1) In general.--The head of an Executive agency may, in
coordination with the Director of the Office of Personnel
Management, include in a survey conducted under subsection
(a) questions specific to the Executive agency.
``(2) Question placement.--Any questions included in a
survey under paragraph (1) shall be placed at the end of the
survey.
``(d) Occupational Data.--To the extent practicable, the
Director of the Office of Personnel Management shall collect
and report on the results of each Executive agency survey
described in subsection (a) by occupation.
``(e) Accessibility.--To the extent practicable, the
Director of the Office of Personnel Management shall ensure
that surveys conducted under subsection (a) shall be
accessible and user-friendly for Federal employees who choose
to complete the survey on their mobile devices.
``(f) Availability of Results.--
``(1) Office of personnel management.--Not later than 3
months after beginning a survey under subsection (a), the
Director of the Office of Personnel Management shall make
publicly available the results of the survey.
``(2) Agencies.--After the results of a survey are made
publicly available under paragraph (1), each head of an
Executive agency shall post the results of surveys conducted
under subsection (a) on the website of such Executive
agency.''.
(b) Clerical Amendment.--The table of sections for chapter
29 of title 5, United States Code, is amended by inserting
after the item relating to chapter 2954 the following new
item:
``2955. Federal employee annual survey.''.
Amendment No. 327 Offered by Mr. Panetta of California
Add at the end of subtitle E of title III the following new
section:
SEC. 3__. REPORT AND BRIEFING ON PROJECT PELE MOBILE NUCLEAR
MICROREACTORS.
(a) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Director of the Strategic
Capabilities Office of the Department of Defense, in
coordination with the Secretary of Energy, shall provide to
the congressional defense committees a briefing on the
development, and current and predicted progress, of the
``Project Pele'' effort to design, build, and demonstrate a
prototype mobile nuclear microreactor.
(b) Matters.--The briefing under section (a) shall include
a discussion of the following:
(1) Changes to previous deployment rationales or
strategies.
(2) Proposed deployment locations for mobile nuclear
microreactors, both domestically and abroad.
(3) The safety and regulatory requirements of the proposed
mobile nuclear microreactors, both domestically and abroad.
(4) The need for mobile nuclear microreactors to meet the
energy needs of expeditionary and defensive requirements of
the Department of Defense, including with respect to electric
combat vehicles, and the ability of mobile nuclear
microreactors to adequately meet such needs.
(5) The safety concerns and precautions relating to the
transfer of mobile nuclear microreactors.
(6) The safety concerns and precautions relating to the
demonstration of the deployment of mobile nuclear
microreactors, including by air, before and after the
irradiation of nuclear fuel.
(7) Opportunities to consult with local communities
potentially affected by the deployment, or the demonstration
of the deployment, of mobile nuclear microreactors.
(8) Security concerns related to potential adversarial
attacks on deployed mobile nuclear microreactors or
adversarial seizing of mobile nuclear microreactors, and the
radioactive fuel therein, for use in radiological weapons.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Director shall submit to the
congressional defense committees a report on the current
progress of the ``Project Pele'' effort described in
subsection (a) that addresses each of the matters under
subsection (b).
Amendment No. 328 Offered by Mr. Pence of Indiana
At the end of subtitle C of title XV, add the following new
section:
SEC. 15__. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY
NATIONAL GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
32 U.S.C. 501 note) is amended by striking ``2022'' and
inserting ``2024''.
Amendment No. 329 Offered by Mr. Perry of Pennsylvania
At the end of subtitle E of title XII, add the following:
SEC. 1253. STATEMENT OF POLICY RELATING TO REPORTING
REQUIREMENTS OF CHINA'S MARITIME SAFETY
ADMINISTRATION.
(a) In General.--It is the policy of the United States to
reject as a violation of international law and United States
sovereignty any attempt by China's Maritime Safety
Administration to compel United States vessels to adhere to
any reporting requirements listed within China's Maritime
Traffic Safety Law, including any requirements to require a
vessel to declare--
(1) the vessel's name and number;
(2) the vessel's satellite telephone number;
(3) the vessel's position and recent locations; and
(4) the vessel's cargo.
(b) Applicability.--Subsection (a) applies to all maritime
claims made by the People's Republic of China that the United
States has rejected, to include virtually all of China's
claims within the Nine-Dash Line.
Amendment No. 330 Offered by Mr. Pfluger of Texas
Add at the end of subtitle B of title XII of division A the
following:
SEC. 12__. THREAT ASSESSMENT OF TERRORIST THREATS POSED BY
PRISONERS RELEASED BY TALIBAN IN AFGHANISTAN.
(a) Threat Assessment.--
(1) In general.--The Director of National Intelligence, in
coordination with the Secretary of Homeland Security, the
Secretary of Defense and the Director of the Federal Bureau
of Investigation, shall conduct a threat assessment of
terrorist threats to the United States posed by the prisoners
released by the Taliban from the Pul-e-Charkhi Prison and
Parwan Detention Facility in Afghanistan.
(2) Elements.--The assessment required under paragraph (1)
shall include the following:
(A) With respect to the prisoners released by the Taliban
from the Pul-e-Charkhi Prison and Parwan Detention Facility
in Afghanistan, information relating to--
(i) the number of such prisoners who were released;
(ii) the country of origin for each such prisoner; and
(iii) any affiliation with a foreign terrorist organization
for each such prisoner.
(B) The capability of the Director of National Intelligence
to identify, track, and monitor such prisoners and any
associated challenges with such capability.
(C) Any action of the with respect to--
(i) mitigating the terrorist threats to the United States
posed by such prisoners; and
(ii) preventing such prisoners from entering the United
States.
(b) Congressional Notification.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall--
(1) submit to the appropriate congressional committees the
threat assessment required under subsection (a); and
(2) provide a briefing to the appropriate congressional
committees on such assessment.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
congressional defense committees and--
(A) the Committee on Homeland Security and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
Amendment No. 331 Offered by Mr. Pfluger of Texas
At the end of subtitle E of title 10, add the following new
section:
SEC. 10__. REPORT ON STATUS OF CERTAIN AIRCRAFT AND EQUIPMENT
MOVED FROM AFGHANISTAN TO UZBEKISTAN,
TAJIKISTAN, OR OTHER FOREIGN COUNTRIES.
(a) Report.--Not later than 30 days after the date of the
enactment of this Act, the
[[Page H5025]]
Secretary of Defense, in coordination with the Secretary of
State, shall submit to the appropriate congressional
committees a report containing a full account of any aircraft
or equipment of the United States Armed Forces or the Afghan
National Defense and Security Forces that has been
transported from Afghanistan to foreign countries outside of
Afghanistan, including Uzbekistan and Tajikistan, following
the withdrawal of the United States Armed Forces from
Afghanistan on August 31, 2021. Such report should include a
description of the following:
(1) The quantity and types of any such aircraft or
equipment.
(2) The condition of any such aircraft or equipment.
(3) All efforts to secure such aircraft or equipment during
any periods in which the aircraft or equipment was out of the
custody of the United States Armed Forces or the Afghan
National Defense and Security Forces.
(4) All efforts to recover, secure, and return to the
United States (as applicable) any such aircraft or equipment.
(5) The identity of any entity that has had access to such
aircraft or equipment during or following the transport from
Afghanistan.
(6) Any security risks posed by the improper securing of
such aircraft or equipment.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Amendment No. 332 Offered by Mr. Phillips of Minnesota
At the end of subtitle B of title III, insert the
following:
SEC. 3__. REPORT ON CLEAN UP OF CONTAMINATED ARMY PROPERTY.
(a) Findings.--Congress makes the following findings:
(1) There are numerous properties that were under the
jurisdiction of the Department of the Army, such as former
Nike missile sites, but that have been transferred to units
of local government.
(2) Many of these properties may remain polluted because of
activity by the Department of Defense.
(3) This pollution may inhibit the use of these properties
for commercial or residential purposes.
(4) Knowledge and understanding of the impacts of
contaminants from Department of Defense activities have
developed and changed over time.
(5) The Department of Defense has an obligation to
facilitate the clean-up of such pollutants even after the
sites have been transferred to local governments.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report that contains each of the
following:
(1) A plan to facilitate the clean-up of each contaminated
property that was under the jurisdiction of the Department of
the Army and subsequently transferred to a unit of local
government.
(2) An identification of any site where the Department of
the Army has previously conducted clean-up activities but due
to contaminants not discovered until after transfer or newly
identified contaminants, additional clean-up may be
necessary.
(3) An explanation of how any site identified under
paragraph (2) is to be prioritized relative to other sites,
such as active sites or sites set for transfer.
(4) A detailed plan to conduct preliminary assessments and
site inspections for each site identified under paragraph (2)
by not later than five years after the date of the submittal
of the report.
Amendment No. 333 Offered by Mr. Phillips of Minnesota
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. __. REPORT ON ISRAELI REGIONAL MILITARY COORDINATION.
(a) In General.--The United States-Israel Security
Assistance Authorization Act of 2020 is amended by adding at
the end the following:
``SEC. 1280C. REPORTS ON REGIONAL MILITARY COORDINATION.
``(a) Report by Secretary of Defense.--Not later than 180
days after the date of enactment of this section, the
Secretary of Defense shall provide a report, including a
classified annex, to the Committees on Armed Services of the
House of Representatives and of the Senate on the status of
the efforts of the United States to work with countries
within the United States Central Command area of
responsibilities to improve Israel's coordination with
regional militaries.
``(b) Report by Secretary of State.--The Secretary of
State, in coordination with the Administrator for the United
States Agency for International Development, shall provide
the House Foreign Affairs and Senate Foreign Relations
Committee with an analysis of the strategic initiatives taken
to fully integrate the Abraham Accords into congressionally
authorized and appropriated programs. The report shall also
include a strategic plan for how potential new funds that
have previously been authorized by Congress could be used for
such integration priorities.''.
Amendment No. 334 Offered by Mr. Phillips of Minnesota
At the end of title LX of division E, add the following:
SEC. 6013. ANNUAL REPORT ON UNITED STATES POLICY TOWARD SOUTH
SUDAN.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, and for five years thereafter,
the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development and the heads of other Federal department and
agencies as necessary, shall submit to the appropriate
congressional committees a report on United States policy
toward South Sudan, including the most recent approved
interagency strategy developed to address political,
security, and humanitarian issues prevalent in the country
since it gained independence from Sudan in July 2011.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the situation in South Sudan,
including the role of South Sudanese government officials in
intercommunal violence, corruption, and obstruction of peace
processes, including the credibility of internationally-
supported peace processes in the face of escalating violence
and armed conflict in South Sudan.
(2) An assessment of the 2018 the Revitalized Agreement on
the Resolution of the Conflict in the Republic of South Sudan
(R-ARCSS) and the ongoing peace processes.
(3) A detailed outline and assessment of United States
assistance and other efforts to support peace processes in
South Sudan, including the efficacy of stakeholder engagement
and United States assistance to advance peacebuilding,
conflict mitigation, and other related activities.
(4) An assessment of the United Nations Mission in South
Sudan (UNMISS) over the last three fiscal years.
(5) An analysis of the chronic food insecurity issues in
South Sudan, including identification of root causes and
ongoing or planned remediation efforts.
(6) A detailed account of United States foreign assistance
to provide emergency and non-emergency humanitarian and
development assistance, improve anti-corruption efforts, and
create fiscal transparency in South Sudan over the last five
fiscal years.
(7) A breakdown of United States efforts, including
assistance provided by the Department of the Treasury and
United States law enforcement and intelligence communities,
to detect and deter money laundering and counter illicit
financial flows, trafficking in persons, weapons, and other
illicit goods, and the financing of terrorists and armed
groups.
(8) A summary of United States efforts to promote
accountability for serious human rights abuses and an
assessment of efforts by the Government of South Sudan and
the African Union, respectively, to hold responsible parties
accountable.
(9) Analysis of the impact of domestic and international
sanctions on improving governance, mitigating and reducing
conflict, combating corruption, and holding accountable those
responsible for human rights abuses.
(10) An assessment of the prospects for, and impediments
to, holding credible general elections.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
Amendment No. 335 Offered by Mr. Phillips of Minnesota
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. ARCTIC REGION DIPLOMACY POLICY.
(a) In General.--The Secretary of State, in consultation
with the Secretary of Defense, the Secretary of the
department in which the Coast Guard is operating, and the
heads of any other relevant Federal agencies, acting through
the U.S. Coordinator for the Arctic Region, shall submit to
the congressional defense committees, the Committee on
Foreign Affairs and the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate an Arctic Region
Diplomacy Policy. Such policy shall assess, develop, budget
for, and implement plans, policies, and actions relating to
the following:
(1) Bolstering the diplomatic presence of the United States
in Arctic countries, including through enhancements to
diplomatic missions and facilities, participation in regional
and bilateral dialogues related to Arctic security, and
coordination of United States initiatives and assistance
programs across agencies to protect the national security of
the United States and its allies and partners.
(2) Enhancing the resilience capacities of Arctic countries
to the effects of environmental change and increased civilian
and military activity by Arctic countries and other countries
that may result from increased accessibility of the Arctic
region.
[[Page H5026]]
(3) Assessing specific added risks to the Arctic region and
Arctic countries that--
(A) are vulnerable to the changing Arctic environment; and
(B) are strategically significant to the United States.
(4) Coordinating the integration of environmental change
and national security risk and vulnerability assessments into
the decision making process on foreign assistance awards with
Greenland.
(5) Advancing principles of good governance by encouraging
and cooperating with Arctic states on collaborative
approaches to--
(A) responsibly manage natural resources in the Arctic
region;
(B) share the burden of ensuring maritime safety in the
Arctic region;
(C) prevent the escalation of security tensions by
mitigating against the militarization of the Arctic region;
(D) develop mutually agreed upon multilateral policies
among Arctic countries on the management of maritime transit
routes through the Arctic region and work cooperatively on
the transit policies for access to and transit in the Arctic
region by non-Arctic countries; and
(E) facilitate the development of Arctic Region Diplomacy
Action Plans to ensure stability and public safety in
disaster situations in a humane and responsible fashion.
(6) Evaluating the vulnerability, security, survivability,
and resiliency of United States interests and non-defense
assets in the Arctic region.
(7) Reducing black carbon and methane emissions in the
Arctic region.
(b) Form.--The Arctic Region Diplomacy Policy required
under subsection (a) shall be submitted in unclassified form
but may contain a classified annex. Such unclassified form
shall be posted on an appropriate publicly available website
of the Department of State.
Amendment No. 336 Offered by Mr. Phillips of Minnesota
At the end of subtitle D of title I, add the following new
section:
SEC. 1___. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF
TACTICAL AIRLIFT AIRCRAFT.
(a) Findings.--Congress finds the following:
(1) The C-130 tactical airlift aircraft fulfills a wide
range of intratheater airlift missions.
(2) Such aircraft operate out of military installations
throughout the United States.
(3) The proposed total force structure referenced in the
National Defense Authorization Act for Fiscal Year 2013
called for a total force size of 326 C-130 aircraft.
(4) The Air Force included a six-year plan for fiscal years
2015 through 2020 for the Air Force, Air Force Reserve, and
Air National Guard C-130 force structure, which called for a
total force size of 300 such aircraft by fiscal year 2019.
(5) The 2018 Mobility Capabilities and Requirements Study
recommended a total force size of 300 C-130s to support
wartime mobility requirements.
(6) The Air Force has sought to reduce the number of C-130
aircraft below 300, which is inconsistent with force
structure and plans referred to in paragraphs (3) through
(5).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report that
includes--
(1) with respect to the reduction of the total number of
tactical airlift aircraft, information relating to--
(A) the justification used for such reduction; and
(B) any consideration of domestic operations used in such
justification;
(2) an analysis of the role of tactical airlift aircraft in
domestic operations; and
(3) information relating to discussions concerning
decisionmaking processes with Governors of States who may be
impacted by such reduction.
Amendment No. 337 Offered by Mr. Phillips of Minnesota
At the end of subtitle D of title VIII, add the following
new section:
SEC. 8__. REPORT ON CYBERSECURITY MATURITY MODEL
CERTIFICATION EFFECTS ON SMALL BUSINESS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Committee
on Armed Services of the House of Representatives and the
Committee on Small Business of the House of Representatives a
report on the effects of the Cybersecurity Maturity Model
Certification framework of the Department of Defense on small
business concerns (as defined under section 3 of the Small
Business Act (15 U.S.C. 632), including--
(1) the estimated costs of complying with each level of the
framework;
(2) any decrease in the number of small business concerns
that are part of the defense industrial base resulting from
the implementation and use of the framework; and
(3) an explanation of how the Department of Defense will
mitigate the negative effects to small business concerns that
are part of the defense industrial base resulting from the
implementation and use of the framework.
Amendment No. 338 Offered by Mr. Phillips of Minnesota
At the end of subtitle A of title XII, add the following:
SEC. 1202. REPORT ON COUNTRIES SUITABLE FOR STABILIZATION
OPERATIONS SUPPORT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and Administrator of
the United States Agency for International Development, shall
submit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report on countries for which the
Department has a presence and are suitable for stabilization
operations support provided under section 1210A of National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) to inform ongoing interagency discussions on
stabilization efforts.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a list of countries suitable for
such stabilization operations support and a justification for
such list.
(c) Rule of Construction.--Nothing in this section may be
construed to divert resources from potential emergency
operational capacities.
Amendment No. 339 Offered by Mr. Phillips of Minnesota
At the end of title XI, add the following new section:
SEC. 11__. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL
INTEREST REQUIREMENTS FOR DEPARTMENT OF DEFENSE
OFFICERS AND EMPLOYEES.
(a) In General.--In addition to the prohibition set forth
in section 208 of title 18, United States Code, an officer or
employee of the Department of Defense may not participate
personally and substantially in any covered matter that the
officer or employee knows, or reasonably should know, is
likely to have a direct and predictable effect on the
financial interests of--
(1) any organization, including a trade organization, for
which the officer or employee has served as an employee,
officer, director, trustee, or general partner in the past 2
years;
(2) a former direct competitor or client of any
organization for which the officer or employee has served as
an employee, officer, director, trustee, or general partner
in the past 2 years; or
(3) any employer with whom the officer or employee is
seeking employment.
(b) Rule of Construction.--Nothing in this section shall be
construed to terminate, alter, or make inapplicable any other
prohibition or limitation in law or regulation on the
participation of officers or employees of the Department of
Defense in covered matters having an effect on their or
related financial or other personal interests.
(c) Covered Matter Defined.--In this section, the term
``covered matter''--
(1) means any matter that involves deliberation, decision,
or action that is focused upon the interests of a specific
person or a discrete and identifiable class of persons; and
(2) includes policymaking that is narrowly focused on the
interests of a discrete and identifiable class of persons.
Amendment No. 340 Offered by Ms. Porter of California
Add at the end of subtitle E of title XVI the following new
section:
SEC. 16__. DECLASSIFICATION REVIEW RELATING TO TESTS IN THE
MARSHALL ISLANDS.
(a) Requirement.--The Secretary of Defense, in coordination
with the Secretary of Energy, shall conduct a
declassification review of documents relating to nuclear,
ballistic missile, or chemical weapons tests conducted by the
United States in the Marshall Islands, including with respect
to cleanup activities and the storage of waste relating to
such tests.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Energy, shall--
(1) make publicly available any information declassified as
a result of the declassification review required under
subsection (a); and
(2) submit to the congressional defense committees a report
containing--
(A) the results of the declassification review conducted
under such subsection; and
(B) a justification for not declassifying any information
required to be included in the declassification review that
remains classified.
Amendment No. 341 Offered by Ms. Porter of California
Add at the end of subtitle E of title VIII the following
new section:
SEC. 8___. COMBATING TRAFFICKING IN PERSONS.
(a) Sense of Congress.--It is the sense of Congress that
the United States Government should have a zero tolerance
policy for human trafficking, and it is of vital importance
that Government contractors who engage in human trafficking
be held accountable.
(b) Analysis Required.--The Secretary of Defense shall
review the recommendations contained in the report of the
Comptroller General of the United States titled ``Human
Trafficking: DOD Should Address Weaknesses in Oversight of
Contractors and Reporting of Investigations Related to
Contracts'' (dated August 2021; GAO-21-546) and develop the
following:
[[Page H5027]]
(1) Policies and processes to ensure contracting officers
of the Department of Defense be informed of their
responsibilities relating to combating trafficking in persons
and to ensure that such contracting officers are accurately
and completely reporting trafficking in persons
investigations.
(2) Policies and processes to specify--
(A) the offices and individuals within the Department that
should be receiving and reporting on trafficking in persons
incidents involving contractors;
(B) the elements of the Department and persons outside the
Department that are responsible for reporting trafficking in
persons investigations; and
(C) requirements relating to reporting such incident in the
Federal Awardee Performance and Integrity Information System
(or any other contractor performance rating system).
(3) Policies and processes to ensure that combating
trafficking in persons monitoring is more effectively
implemented through, among other things, reviewing and
monitoring contractor compliance plans relating to combating
trafficking in persons.
(4) Policies and processes to ensure the Secretary of
Defense has accurate and complete information about
compliance with acquisition-specific training requirements
relating to combating trafficking in persons by contractors.
(5) A mechanism for ensuring completion of such training
within 30 days after a contractor begins performance on a
contract.
(6) An assessment of the resources and staff required to
support oversight of combating trafficking in persons,
including resources and staff to validate annual combating
trafficking in persons self-assessments by elements of the
Department.
(c) Interim Brief.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
brief the congressional defense committees, the Committee on
Oversight of the House of Representatives, and the Committee
on Homeland Security and Government Affairs of the Senate on
the preliminary findings of the analysis required by
subsection (b).
(d) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees, the Committee
on Oversight of the House of Representatives, and the
Committee on Homeland Security and Government Affairs of the
Senate the analysis required by subsection (b).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
Amendment No. 342 Offered by Ms. Porter of California
At the end of subtitle A of title XII, add the following:
SEC. 1202. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER
GENERAL OF THE UNITED STATES AUDITS OF PROGRAMS
TO BUILD THE CAPACITY OF FOREIGN SECURITY
FORCES.
Section 1205(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291) is amended--
(1) in paragraph (1)--
(A) by striking ``2016, 2018 and 2020'' and inserting
``2022, 2024, and 2026''; and
(B) by striking ``section 2282 of title 10, United States
Code (as so added)'' and inserting ``subsections (a)(1) and
(e)(7)(B) of section 333 of title 10, United States Code'';
and
(2) in paragraph (2)--
(A) by redesignating subparagraph (E) as subparagraph (G);
and
(B) by inserting after subparagraph (D) the following:
``(E) An assessment of coordination by the Department of
Defense with coalition partners under the program or
programs, as applicable.
``(F) A description and assessment of the methodology used
by the Department of Defense to assess the effectiveness of
training under the program or programs.''.
Amendment No. 343 Offered by Ms. Porter of California
At the end of subtitle E of title X, insert the following:
SEC. 10__. STUDY AND REPORT ON RISKS POSED TO DEPARTMENT OF
DEFENSE INFRASTRUCTURE AND READINESS BY
WILDFIRE.
(a) Study.--The Secretary of Defense, in coordination with
the Secretary of the Interior, the Secretary of Agriculture,
and the Chief of the United States Forest Service, shall
conduct a study of the risks posed to Department of Defense
infrastructure and readiness by wildfire, including
interrupted training schedules, deployment of personnel and
assets for fire suppression, damage to training areas, and
environmental hazards such as unsafe air quality.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of the Interior, the
Secretary of Agriculture, and the Chief of the United States
Forest Service, shall submit to Congress a report on the
findings of the study conducted under subsection (a).
Amendment No. 344 Offered by Ms. Porter of California
At the end of subtitle E of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF QUARTERLY SUMMARIES OF
REPORTS.
(a) In General.--Section 122a of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Quarterly Summaries.--For each calendar quarter, the
Secretary of Defense shall make publicly available on an
appropriate internet website a summary of all reports
submitted to Congress by the Department of Defense for that
quarter that are required to be submitted by statute. Each
such summary shall include, for each report covered by the
summary, the title of report, the date of delivery, and the
section of law under which such report is required.''.
(b) Applicability.--Subsection (c) of section 122a of title
10, United States Code, as added by subsection (a), shall
apply with respect to a calendar quarter that begins after
the date that is 180 days after the date of the enactment of
this Act.
Amendment No. 345 Offered by Ms. Porter of California
Add at the end of subtitle B of title XIII the following
new section:
SEC. 60__. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into a contract with a federally funded research and
development center with the appropriate expertise and
analytical capability to carry out the study described in
subsection (b).
(b) Study.--The study described in this subsection shall--
(1) provide for a comprehensive assessment of strategic and
operational lessons collected from the war in Afghanistan
that can be applied to existing and future security
cooperation programs;
(2) identify metrics used in the war in Afghanistan to
measure progress in partner capacity building and defense
institution building and whether such metrics are sufficient
for measuring progress in future security cooperation
programs;
(3) assess challenges related to strategic planning for
capacity building, baseline assessments of partner capacity,
and issues related to project sustainment, and
recommendations for how to manage such challenges;
(4) assess Department of Defense coordination with
coalition partners engaged in partner capacity building and
defense institution building efforts, and recommendations for
how to improve such coordination;
(5) identify risks posed by rapid expansion or reductions
in security cooperation, and recommendations for how to
manage such risks;
(6) identify risks posed by corruption in security
cooperation programs and recommendations for how to manage
such risks;
(7) assess best practices and training improvements for
managing cultural barriers in partner countries, and
recommendations for how to promote cultural competency;
(8) assess the effectiveness of the Department of Defense
in promoting the rights of women, including incorporating a
gender perspective in security cooperation programs, in
accordance with the Women, Peace and Security Strategic
Framework and Implementation Plan issued by the Department of
Defense in June 2020 and the Women, Peace and Security Act of
2017 (Public Law 115-68);
(9) identify best practices to promote partner country
ownership of long-term objectives of the United States
including with respect to human rights, democratic
governance, and the rule of law;
(10) assess challenges related to contractors of the
Department of Defense, including cost, limited functions, and
oversight; and
(11) assess best practices for sharing lessons on security
cooperation with allies and partners.
(c) Report.--
(1) To secretary of defense.--Not later than two years
after the date on which a federally funded research and
development center enters into a contract described in
subsection (a), such center shall submit to the Secretary of
Defense a report containing the results of the study required
under this section.
(2) To congress.-- Not later than 30 days after the receipt
of the report under paragraph (1), the Secretary of Defense
shall submit to Congress such report, which shall be made
public, together with any additional views or recommendations
of the Secretary, which may be transmitted in a classified
annex.
Amendment No. 346 offered by Ms. porter of california
At the end of subtitle D of title X, insert the following:
SEC. 10__. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
CERTAIN STATUTORY REPORTING REQUIREMENTS.
(a) Limitation.--Of the funds authorized to be appropriated
or otherwise made available for fiscal year 2022 for the
Office of the Secretary of Defense for travel expenses, not
more than 90 percent may be obligated or expended before the
date on which all of the following reports are submitted to
Congress and made publicly available:
(1) The report required under section 589F(c) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(2) The report required under section 888 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92).
(b) Briefing Requirement.--Not later than 30 days after the
date of the enactment of
[[Page H5028]]
this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and House of
Representatives a briefing on obstacles to compliance with
congressional mandated reporting requirements.
Amendment No. 347 offered by Ms. porter of california
At the end of subtitle A of title XIII, add the following:
SEC. 1304. AUDIT OF NATO SEXUAL HARASSMENT AND SEXUAL ASSAULT
POLICIES AND PROCESSES.
(a) Audit.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives an
audit of policies, procedures, and processes for addressing
allegations of sexual harassment and sexual assault involving
members of the Armed Forces and civilian employees of the
Department of Defense serving in North Atlantic Treaty
Organization's (NATO) offices, components, and agencies.
(b) Elements.--The audit under subsection (a) shall include
the following:
(1) The options available to members of the Armed forces
and civilian employees of the Department of Defense to report
instances of sexual harassment or sexual assault during
service in a NATO capacity.
(2) The number of incidences of sexual harassment and
sexual assault committed by and against NATO personnel that
were reported to military officials and the number of cases
that were substantiated.
(3) The number of incidences of sexual harassment and
sexual assault committed by members of the Armed Forces and
civilian employees of the Department of Defense that were
reported to military officials and the number of the cases so
reported that were substantiated.
(4) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the action taken in the
case, including the type of disciplinary or administrative
sanction imposed, if any, including courts-martial sentences,
nonjudicial punishments administered by commanding officers
pursuant to section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice),
administrative separations, or other disciplinary action
under applicable NATO policies.
(5) The policies, procedures, and processes implemented by
the Department of Defense in response to incidents of sexual
assault involving members of the Armed Forces and civilian
employees of the Department of Defense.
(6) The policies, procedures, and processes implemented by
the Department of Defense related to pre-deployment training
of members of the Armed Forces and civilian employees of the
Department of Defense on NATO policies on sexual harassment
and sexual assault.
(c) Form.--The audit under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Amendment No. 348 offered by Mr. posey of florida
SEC. 7__. PRIORITY FOR DOMESTICALLY SOURCED BOVINE HEPARIN.
The Secretary of Defense shall provide priority for
domestically sourced, fully traceable, bovine heparin
approved by the Food and Drug Administration when available.
Amendment No. 349 offered by Ms. pressley of massachusetts
In title LX, add at the end the following:
SEC. 6013. SENSE OF CONGRESS ON THE USE OF THE DEFENSE
PRODUCTION ACT OF 1950 FOR GLOBAL VACCINE
PRODUCTION.
(a) Findings.--The Congress finds the following:
(1) As President Biden has stated, ``We know America will
never be fully safe until the pandemic that is raging
globally is under control. No ocean is wide enough, no wall
is high enough to keep us safe.''.
(2) More than 600,000 Americans have already died from
COVID-19. Already, more Americans have died from COVID-19
than from World War I, World War II, the Vietnam War, and 9/
11 combined. The continued replication of SARS-CoV-2 abroad
increases the likelihood of a harmful mutation that renders
current vaccines ineffective. A new variant could be more
transmissible and cause more severe disease, posing a higher
risk to the millions of Americans who have not been
vaccinated, like the Delta variant.
(3) Approximately 11 billion doses are needed to vaccinate
the world's population, but to date, the US government has
donated just 40 million doses. More recent promises by the G7
would only deliver an additional one billion doses by the end
of 2022.
(4) Sharing manufacturing know-how and expertise is
critical to quickly ramping up production. Expanding the
world's manufacturing capacity is critical because donations
and bilateral agreements to increase vaccine doses in low-
and middle-income countries cannot quickly meet the global
demand.
(5) The U.S. Government, as the largest coronavirus
research and development funder in the world, is uniquely
positioned to push companies to share the knowledge required
to end the pandemic.
(6) Manufacturers around the world have affirmed that they
can help ramp up production if they have access to
technology. According to the World Health Organization, 19
manufacturers from more than a dozen countries in Africa,
Asia, and Latin America have expressed interest in ramping up
mRNA vaccine production. The Biden administration has also
urged companies to share technology. But vaccine originator
corporations have been reluctant to share technology.
(7) The Defense Production Act of 1950 provides the
President with broad authority to support the nation's
defense. The Defense Production Act of 1950's definition of
``national defense'' includes ``military or critical
infrastructure assistance to any foreign nation''.
(8) The Defense Production Act of 1950 empowers the
President to directly ``allocate materials, services, and
facilities'' to promote national defense needs. The Act
defines ``materials'' to include ``any technical information
or services ancillary to the use of any such materials''.
(9) The Defense Production Act of 1950 has been used
repeatedly to prioritize contracts and orders from U.S.
companies to foreign nations.
(b) Sense of Congress.--It is the sense of Congress that
the President should make full use of the President's
authority under the Defense Production Act of 1950 to scale
vaccine production and deployment globally, which will save
millions of lives and protect Americans from the risk of
emerging viral threats.
Amendment No. 350 offered by Mr. quigley of illinois
TITLE LIV--PREVENTING FUTURE PANDEMICS
SEC. 5401. WILDLIFE MARKET DEFINED.
In this Act, the term ``wildlife market''--
(1) means a commercial market that--
(A) sells or slaughters terrestrial, including avian,
wildlife for human consumption as food or medicine, whether
the animals originated in the wild or in a captive
environment; and
(B) delivers a product in communities where alternative
nutritional or protein sources are available; and
(2) does not include markets in areas where no other
practical alternative sources of protein or meat exists, such
as wildlife markets in rural areas on which indigenous people
rely to feed themselves and their families.
SEC. 5402. INTERNATIONAL COOPERATION.
(a) Sense of Congress.--It is the sense of Congress that
global institutions, including the Food and Agriculture
Organization of the United Nations (FAO), the World
Organisation for Animal Health (OIE), and the World Health
Organization (WHO), together with leading nongovernmental
organizations, veterinary colleges, and the United States
Agency for International Development (USAID), should promote
the paradigm of One Health--the integration of human health,
animal health, agriculture, ecosystems, and the environment
as an effective and integrated way to address the complexity
of emerging disease threats.
(b) Statement of Policy.--It is the policy of the United
States to facilitate international cooperation by working
with international partners and through intergovernmental,
international, and nongovernmental organizations such as the
United Nations to--
(1) lead a resolution at the United Nations Security
Council or General Assembly and World Health Assembly
outlining the danger to human and animal health from emerging
zoonotic infectious diseases, with recommendations for
implementing the worldwide closure of wildlife markets and
the ending of the associated commercial trade of terrestrial
wildlife that feed and supply those markets, except for in
such countries or regions where the consumption of wildlife
is necessary for local food security or where such actions
would significantly disrupt a readily available and
irreplaceable food supply;
(2) work with governments through existing treaties and the
United Nations to develop a new protocol or agreement, and
amend existing protocols or agreements, regarding stopping
deforestation and other ecosystem destruction, closing
commercial wildlife markets for human consumption, and end
the associated commercial trade of terrestrial wildlife that
feed and supply those markets while ensuring full
consideration to the needs and rights of indigenous peoples
and local communities that are dependent on wildlife for
their food security, national sovereignty, and local laws and
customs;
(3) disrupt and ultimately end the commercial international
trade in terrestrial wildlife associated with wildlife
markets and eliminate commercial wildlife markets;
(4) disrupt and ultimately eliminate wildlife trafficking
associated with the operation of wildlife markets;
(5) raise awareness on the dangerous potential of wildlife
markets as a source of zoonotic diseases such as the novel
coronavirus that causes the disease COVID-19 and reduce
demand for the consumption of wildlife through evidence-based
behavior change programs while ensuring that existing
wildlife habitat is not encroached upon or destroyed as part
of this process;
(6) encourage and support alternate forms of food
production, farming, and shifts to domestic animal- or plant-
source foods instead of terrestrial wildlife where able and
appropriate, and reduce consumer demand for terrestrial
wildlife through enhanced local and national food systems,
especially in areas
[[Page H5029]]
where wildlife markets play a significant role in meeting
subsistence needs while ensuring that existing wildlife
habitat is not encroached upon or destroyed as part of this
process; and
(7) strive to increase hygienic standards implemented in
markets around the globe, especially those specializing in
the sale of products intended for human consumption.
(c) Activities.--
(1) Global prohibitions and enforcement.--The United States
Government, working through the United Nations and its
components, as well as international organization such as
Interpol and the World Organisation for Animal Health, and in
furtherance of the policies described in subsection (b),
shall--
(A) collaboratively with other member states, issue
declarations, statements, and communiques urging a global ban
on commercial wildlife markets and trade for human
consumption; and
(B) urge increased enforcement of existing laws to end
wildlife trafficking.
(2) International coalitions.--The Secretary of State shall
seek to build international coalitions focused on ending
commercial wildlife markets for human consumption and
associated wildlife trade which feeds and supplies said
markets, with a focus on the following efforts:
(A) Providing assistance and advice to other governments in
the adoption of legislation and regulations to close wildlife
markets and trade for human consumption.
(B) Creating economic pressure on wildlife markets and
their supply chains to prevent their operation.
(C) Providing assistance and guidance to other governments
to prohibit the import, export, and domestic trade of live
terrestrial wildlife for the purpose of human consumption.
(D) Engaging and receiving guidance from key stakeholders
at the ministerial, local government, and civil society level
in countries that will be impacted by this Act and where
wildlife markets and associated wildlife trafficking is the
predominant source of meat or protein, in order to mitigate
the impact of any international efforts on local customs,
conservation methods, or cultural norms.
(d) United States Agency for International Development.--
(1) Sustainable food systems funding.--
(A) Authorization of appropriations.--In addition to any
other amounts provided for such purposes, there is authorized
to be appropriated $300,000,000 for each fiscal year from
2021 through 2030 to the United States Agency for
International Development to reduce demand for consumption of
wildlife from wildlife markets and support shifts to
diversified alternative sources of food and protein in
communities that rely upon the consumption of wildlife for
food security while ensuring that existing wildlife habitat
is not encroached upon or destroyed as part of this process.
(B) Activities.--The Bureau for Economic Growth, Education,
and Environment, the Bureau for Resilience and Food Security,
and the Bureau for Global Health of the United States Agency
for International Development shall, in partnership with
United States institutions of higher education and
nongovernmental organizations, co-develop approaches focused
on safe, sustainable food systems that support and
incentivize the replacement of terrestrial wildlife in diets
while ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this process.
(2) Addressing threats and causes of zoonotic disease
outbreaks.--The Administrator of the United States Agency for
International Development shall increase activities in USAID
programs related to biodiversity, wildlife trafficking,
sustainable landscape, global health, food security, and
resilience in order to address the threats and causes of
zoonotic disease outbreaks, including through--
(A) education;
(B) capacity building;
(C) strengthening human health surveillance systems for
emergence of zoonotic disease, and strengthening cross-
sectoral collaboration to align risk reduction approaches;
(D) improved domestic and wild animal disease surveillance
and control at production and market levels;
(E) development of alternative livelihood opportunities
where possible;
(F) conservation of intact ecosystems and reduction of
fragmentation and conversion of natural habitats to prevent
the creation of new pathways for zoonotic disease
transmission;
(G) minimizing interactions between domestic livestock and
wild animals in markets and captive production; and
(H) supporting shifts from wildlife markets to diversified,
safe, affordable, and accessible protein such as domestic
animal- and plant-source foods through enhanced local and
national food systems while ensuring that existing wildlife
habitat is not encroached upon or destroyed as part of this
process.
(3) Immediate relief funding to stabilize protected
areas.--The Administrator of the United States Agency for
International Development shall administer immediate relief
funding to stabilize protected areas and conservancies.
(e) Staffing Requirements.--
(1) Office of terrorism and financial intelligence.--The
Under Secretary of the Treasury for Terrorism and Financial
Intelligence is encouraged to hire additional investigators
to bolster capacity for investigations focused on individuals
engaged in the activities described in subsection (c).
(2) United states agency for international development.--
The Administrator of the United States Agency for
International Development, in collaboration with the United
States Fish and Wildlife Service, the United States
Department of Agriculture Animal and Plant Health Inspection
Service, and other Federal entities as appropriate, is
authorized to hire additional personnel--
(A) to undertake programs aimed at reducing the risks of
endemic and emerging infectious diseases and exposure to
antimicrobial resistant pathogens;
(B) to provide administrative support and resources to
ensure effective and efficient coordination of funding
opportunities and sharing of expertise from relevant USAID
bureaus and programs, including emerging pandemic threats;
(C) to award funding to on-the-ground projects;
(D) to provide project oversight to ensure accountability
and transparency in all phases of the award process; and
(E) to undertake additional activities under this Act.
(f) Reporting Requirements.--
(1) Department of state.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
until 2030, the Secretary of State shall submit to the
appropriate congressional committees a report describing--
(A) the actions taken pursuant to this Act;
(B) the impact and effectiveness of international
cooperation on ending the use and operation of wildlife
markets;
(C) the impact and effectiveness of international
cooperation on ending wildlife trafficking associated with
wildlife markets; and
(D) the impact and effectiveness of international
cooperation on ending the international trade in live
terrestrial wildlife for human consumption as food or
medicine.
(2) United states agency for international development.--
Not later than 180 days after the date of the enactment of
this Act, the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report--
(A) describing the actions taken pursuant to this Act;
(B) describing the impact and effectiveness of reducing
demand for consumption of wildlife and associated wildlife
markets;
(C) summarizing additional personnel hired with funding
authorized under this Act, including the number hired in each
bureau; and
(D) describing partnerships developed with other
institutions of higher learning and nongovernmental
organizations.
Amendment No. 351 offered by Mr. quigley of illinois
Page 1365, after line 22, add the following:
SEC. ___. LAW ENFORCEMENT ATTACHE DEPLOYMENT.
(a) In General.--Beginning in fiscal year 2021, the
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, in consultation with
the Secretary of State, shall require the Chief of Law
Enforcement of the United States Fish and Wildlife Service to
hire, train, and deploy not fewer than 50 new United States
Fish and Wildlife Service law enforcement attaches, and
appropriate additional support staff, at one or more United
States embassies, consulates, commands, or other facilities--
(1) in one or more countries designated as a focus country
or a country of concern in the most recent report submitted
under section 201 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621); and
(2) in such additional countries or regions, as determined
by the Secretary of Interior, that are known or suspected to
be a source of illegal trade of species listed--
(A) as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(B) under appendix I of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, done at
Washington March 3, 1973 (27 UST 1087; TIAS 8249); or
(C) on the International Union for the Conservation of
Nature's Red List of Threatened Species.
(b) Funding.--There is authorized to be appropriated to
carry out this section $150,000,000 for each of fiscal years
2021 through 2030.
amendment no. 352 offered by mrs. radewagen of american samoa
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS TO
DECIDE APPEALS RELATING TO QUALIFIED HUBZONE
SMALL BUSINESS CONCERNS.
Not later than 1 year after the date of the enactment of
this Act, the Administrator of the Small Business
Administration shall issue a rule authorizing the Office of
Hearings and Appeals of the Administration to decide all
appeals from formal protest determinations in connection with
the status of a concern as qualified HUBZone small business
concern (as such term is defined in section 31(b) of the
Small Business Act (15 U.S.C. 657a(b)).
[[Page H5030]]
amendment no. 353 offered by mr. reschenthaler of pennsylvania
At the end of title LX, add the following new section:
SEC. 60__. NATIONAL ACADEMIES SCIENCE, TECHNOLOGY, AND
SECURITY ROUNDTABLE.
Section 1746(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note)
is amended--
(1) in paragraph (3)(B), by striking ``involving federally
funded research and development'' and inserting ``facing the
United States research enterprise'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Ad-hoc committee.--
``(A) In general.--The roundtable shall convene an ad-hoc
committee to study and make recommendations on research
security issues consistent with paragraph (3).
``(B) Study and report.--Not later than 180 days after the
first meeting of the ad-hoc committee convened under
subparagraph (A), such committee shall--
``(i) complete a fast-track consensus study on the
feasibility of establishing an independent, non-profit entity
(referred to in this paragraph as the `entity') to further
protect the United States research enterprise against foreign
interference, theft, and espionage; and
``(ii) submit to the relevant committees a report on the
results of the study.
``(C) Elements.--The report required under subparagraph
(B)(ii) shall include analysis and recommendations with
respect to each of the following:
``(i) The organizational structure of the entity.
``(ii) The appropriate relationship between the entity and
the Federal government, including the interagency working
group established under subsection (a).
``(iii) The appropriate level of financial resources needed
to establish the entity.
``(iv) A self-sustaining funding model for the entity.
``(v) Whether and how the entity can--
``(I) enable informed, proactive, and unbiased risk
assessment for and by the United States research enterprise;
``(II) in coordination with the interagency working group
established under subsection (a), the Federal agencies that
comprise the working group, and the roundtable under this
subsection, promote actionable and timely information sharing
among the United States research enterprise about foreign
interference, theft, and espionage of research and
development;
``(III) provide non-punitive, non-legally binding advice to
the United States research enterprise, including frontline
researchers, about foreign inference, theft, and espionage
including advice with respect to risks associated with
international partnerships and foreign talent recruitment
programs;
``(IV) secure the trust and active participation of the
United States research enterprise;
``(V) regularly conduct open-source intelligence analysis
to provide actionable and timely unclassified information to
the United States research enterprise about foreign
interference, theft, and espionage, including analysis to be
tailored specifically for the purpose of assisting frontline
researchers in making security-informed decisions; and
``(VI) offer products and services to the United States
research enterprise to help inform research security efforts
such as analyses of global research and development trends,
advice regarding intellectual property production and
protection, market analyses, and risk assessment for day-to-
day activities such as collaboration, travel, and hiring.
``(vi) Such other information and recommendations as the
committee considers necessary to ensure that the entity
operates effectively.''; and
(4) in paragraph (6), as so redesignated, by striking
``2024'' and inserting ``2025''.
amendment no. 354 offered by mr. reschenthaler of pennsylvania
Add at the end of title LX the following new section:
SEC. 60__. PROHIBITION ON FEDERAL FUNDING TO ECOHEALTH
ALLIANCE, INC.
No funds authorized under this Act may be made available
for any purpose to EcoHealth Alliance, Inc.
amendment no. 355 offered by mr. reschenthaler of pennsylvania
In title LX of division E, add at the end the following:
SEC. 6013. BLOCKING DEADLY FENTANYL IMPORTS.
(a) Definitions.--Section 481(e)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``in which'';
(2) in subparagraph (A), by inserting ``in which'' before
``1,000'';
(3) in subparagraph (B)--
(A) by inserting ``in which'' before ``1,000''; and
(B) by striking ``or'' at the end;
(4) in subparagraph (C)--
(A) by inserting ``in which'' before ``5,000''; and
(B) by inserting ``or'' after the semicolon; and
(5) by adding at the end the following:
``(D) that is a significant source of illicit synthetic
opioids significantly affecting the United States;''.
(b) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended by adding at the end the
following:
``(10) A separate section that contains the following:
``(A) An identification of the countries, to the extent
feasible, that are the most significant sources of illicit
fentanyl and fentanyl analogues significantly affecting the
United States during the preceding calendar year.
``(B) A description of the extent to which each country
identified pursuant to subparagraph (A) has cooperated with
the United States to prevent the articles or chemicals
described in subparagraph (A) from being exported from such
country to the United States.
``(C) A description of whether each country identified
pursuant to subparagraph (A) has adopted and utilizes
scheduling or other procedures for illicit drugs that are
similar in effect to the procedures authorized under title II
of the Controlled Substances Act (21 U.S.C. 811 et seq.) for
adding drugs and other substances to the controlled
substances schedules;
``(D) A description of whether each country identified
pursuant to subparagraph (A) is following steps to prosecute
individuals involved in the illicit manufacture or
distribution of controlled substance analogues (as defined in
section 102(32) of the Controlled Substances Act (21 U.S.C.
802(32)); and
``(E) A description of whether each country identified
pursuant to subparagraph (A) requires the registration of
tableting machines and encapsulating machines or other
measures similar in effect to the registration requirements
set forth in part 1310 of title 21, Code of Federal
Regulations, and has not made good faith efforts, in the
opinion of the Secretary, to improve regulation of tableting
machines and encapsulating machines.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
amendment no. 356 offered by mr. reschenthaler of pennsylvania
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. PLAN FOR ENSURING SOURCES OF CANNON TUBES.
The Secretary of the Army shall develop and implement an
investment and sustainment plan to ensure the sourcing of
cannon tubes for the purpose of mitigating risk to the Army
and the industrial base. Under the plan, the Secretary of the
Army shall--
(1) identify qualified and capable sources, in addition to
those currently used, from which cannon tubes may be
procured; and
(2) determine the feasibility, advisability, and
affordability of procuring cannon tubes from such sources on
a sustainable basis.
amendment no. 357 offered by mr. reschenthaler of pennsylvania
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR
WEBSITE.
The Secretary of Defense shall ensure that the publicly
accessible internet website of the Department of Defense that
lists individuals who have been awarded certain military
awards includes a list of each individual who meets the
following criteria:
(1) After the date of the enactment of this Act, the
individual is awarded the Purple Heart.
(2) The individual elects to be included on such list (or,
if the individual is deceased, the primary next of kin elects
the individual to be included on such list).
amendment no. 358 offered by mr. reschenthaler of pennsylvania
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND
MACHINE LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate the
ability to deploy additive manufacturing capabilities in
expeditionary settings and strengthen the United States
defense industrial supply chain; and
(2) Congress and the Department of Defense should continue
to support the additive manufacturing and machine learning
initiative of the Army.
amendment no. 359 offered by ms. ross of north carolina
At the end of subtitle C of title VII of division A, insert
the following:
SEC. 7__. ACCESS TO MENSTRUAL HYGIENE PRODUCTS AND
ACCOMMODATIONS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to Congress a
report on the availability of menstrual hygiene products on
military bases, and accommodations related to menstrual
hygiene available to members of the Armed Forces.
amendment no. 360 offered by ms. ross of north carolina
At the end of subtitle C of title VII of division A, insert
the following:
[[Page H5031]]
SEC. 7__. REPORT ON PRECONCEPTION AND PRENATAL CARRIER
SCREENING TESTS UNDER TRICARE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on potential TRICARE coverage of
preconception and prenatal carrier screening tests for
certain medical conditions.
(b) Report Contents.--The report required under subsection
(a) shall include, with respect to such tests--
(1) a cost-benefit analysis of TRICARE coverage expansion;
(2) an assessment of the coverage of such tests by public
and private sector health plans; and
(3) an assessment of the benefits to health outcomes for
military families and the impact, if any, on military
readiness of members of the Armed Forces.
(c) Definition of TRICARE.--In this section, the term
``TRICARE'' has the meaning given that term in section 1072
of title 10, United States Code.
amendment no. 361 offered by mr. ruiz of california
At the end of subtitle H of title V, insert the following:
SEC. 576. GAO REPORT ON LOW NUMBER OF HISPANIC LEADERS IN THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the result of a
study regarding--
(1) the reasons for the low number of Hispanic officers and
members of the Armed Forces in leadership positions; and
(2) recommendations to increase such numbers.
Amendment No. 362 offered by Mr. ruiz of california
At the end of subtitle H of title V, insert the following:
SEC. 576. GAO REPORT ON LOW NUMBER OF HISPANIC CADETS AND
MIDSHIPMEN IN THE MILITARY SERVICE ACADEMIES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the result of a
study regarding--
(1) the reasons for the low number of Hispanic cadets and
midshipmen at the military service academies; and
(2) recommendations to increase such numbers.
Amendment No. 363 offered by mr. sablan of northern mariana islands
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. MICROLOAN PROGRAM; DEFINITIONS.
Paragraph (11) of section 7(m) of the Small Business Act
(15 U.S.C. 636(m)(11)) is amended--
(1) in clause (ii) of subparagraph (C), by striking
``rural'' and all that follows to the end of the clause and
inserting ``rural;'';
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, Guam, the
Commonwealth of the Northern Mariana Islands, and American
Samoa.''.
Amendment No. 364 offered by Ms. salazar of florida
At the end of subtitle B of title X, insert the following:
SEC. 10__. CONGRESSIONAL NOTIFICATION OF PENDING RETIREMENTS
OF NAVAL VESSELS THAT ARE VIABLE CANDIDATES FOR
ARTIFICIAL REEFING.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should explore and solicit
artificial reefing opportunities with appropriate entities
for any naval vessel planned for retirement before initiating
any plans to dispose of the vessel.
(b) Report.--Not later than 90 days before the retirement
from the Naval Vessel Register of any naval vessel that is a
viable candidate for artificial reefing, the Secretary of the
Navy shall notify Congress of the pending retirement of such
vessel.
Amendment No. 365 offered by Ms. salazar of florida
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN
SMALL BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business
Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(2) by striking ``$3,000,000'' and inserting
``$8,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(B) in clause (ii), by striking ``$4,000,000'' and
inserting ``$8,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by striking ``$7,000,000'' and inserting
``$10,000,000''; and
(B) in clause (ii), by striking ``$4,000,000'' and
inserting ``$8,000,000''.
(c) Qualified HUBZone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C.
657a(c)(2)(A)(ii)) is amended--
(1) in subclause (I), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subclause (II), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(d) Small Business Concerns Owned and Controlled by
Service-Disabled Veterans.--Section 36(c)(2)(A) of the Small
Business Act (15 U.S.C. 657f) is amended--
(1) in subparagraph (A), by striking ``$7,000,000'' and
inserting ``$10,000,000''; and
(2) in subparagraph (B), by striking ``$3,000,000'' and
inserting ``$8,000,000''.
(e) Certain Veteran-Owned Concerns.--Section 8127(c) of
title 38, United States Code, is amended by striking
``$5,000,000'' and inserting ``the dollar thresholds under
section 36(c)(2)(A) of the Small Business Act''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Washington (Mr. Smith) and the gentleman from Alabama
(Mr. Rogers) each will control 15 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentlewoman from New York (Ms. Ocasio-Cortez).
Ms. OCASIO-CORTEZ. Mr. Speaker, I rise today to introduce four
amendments to protect the human rights of the Colombian and Saudi
people.
Earlier this year in Colombia in the middle of the pandemic,
President Duque proposed crushing new sales taxes on basic food items.
When the Colombian people demonstrated in protest, the government
responded with brutality. Sixty-eight people were murdered, and over
1,100 protestors and bystanders were injured.
This is part of a pattern of human rights violations by President
Duque. He is also planning to resume aerial fumigation, which most
countries stopped using when devastating health impacts were
discovered.
Our amendments would require the Department of State and Defense to
issue a report on the State of human rights in Colombia. They would
also limit the U.S. transfer of weapons to the police unit responsible
for many of the demonstrators' murders. And finally, they would
prohibit U.S. funds from being used to support aerial fumigation.
Similarly, in 2018 we stood horrified by the Saudi government's
assassination of journalist Jamal Khashoggi for speaking up against the
regime's human rights abuses.
Our amendment would prohibit funds from being used to provide
weapons, military aid, or military training to the unit that carried
out his assassination.
The U.S. has long supported abusive regimes in South America and the
Middle East to serve our own interests, yet we seem somehow shocked and
confused when refugees from these regions show up at our borders
seeking asylum from the inhumane conditions that we helped create in
their homelands.
It is now beyond time for us to rectify these wrongs, and I submit
this amendment.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the
gentlewoman from West Virginia (Mrs. Miller), an outstanding member of
the Ways and Means Committee.
Mrs. MILLER of West Virginia. Mr. Speaker, I rise in support of this
bill and my four amendments.
The first amendment will require a report on the status of women in
Afghanistan. The rights we fought to secure for them are in dire peril.
The second will hold the administration accountable by requesting a
report on the amount of money and materials left behind in Afghanistan.
The third blocks any funding for intelligence sharing and ensures no
taxpayer dollars are wasted working with the Taliban. They proved that
they can't be trusted by the deadly events at the airport.
The final amendment will establish a memorial for the 13
servicemembers who perished securing the airport.
They lost their lives protecting Americans and our allies. This
memorial would ensure that they are never forgotten for their
sacrifice.
I urge adoption of all four of my amendments.
Mr. SMITH of Washington. Mr. Speaker, I have no further speakers at
[[Page H5032]]
this time, and I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 4 minutes to the
gentleman from Arkansas (Mr. Westerman), my friend and colleague, and
also the ranking member of the Natural Resources Committee.
Mr. WESTERMAN. Mr. Speaker, I thank the gentleman for yielding and
for the hard work that went into preparing this NDAA.
I rise today in support of one amendment in particular included in
this en bloc package, which would add the bipartisan Alexander Lofgren
Veterans and Parks Act or the VIP Act to the bill.
The VIP Act would provide free lifetime passes to our national parks
and public lands for veterans and Gold Star family members and free
annual passes for active duty military members.
I am a proud cosponsor of both the amendment and identical
legislation which passed the House earlier this year with an amazing
420 in favor to zero against vote with over 150 bipartisan cosponsors.
Senator Sinema and Senator Boozman from my home State of Arkansas are
leading the bipartisan Senate companion of this legislation.
In addition to its broad support here in Congress, the VIP Act has
also been endorsed by over 60 organizations representing a diverse
coalition of conservation, recreation, and veterans' groups.
In just the past month, as we have watched the horrible situation
unfolding in Afghanistan, the country has awoken again to the sacrifice
and heroism displayed by our brave men and women in uniform. These men
and women often return home carrying both visible and invisible wounds
from their time in combat.
During the Biden administration's botched evacuation of Afghanistan,
the VA's crisis hotline had a 9 percent uptick in calls. Despite the
fact that suicide rates among veterans were the lowest in 12 years, an
average of 17 veterans per day still died by suicide in 2019.
That is what makes this amendment so vital now more than ever. Our
outdoors can be a place of healing and hope for our veterans,
particularly wounded or paralyzed veterans who turn to nature for
solace and comfort.
Financial barriers should not be a factor for our veterans as they
try to access the majestic and iconic parts of our country that they
fought so hard to defend. Our veterans, active duty military, and Gold
Star families deserve permanent, free access that can never be taken
away from them.
While we can never fully repay the debt we owe to our veterans and
Gold Star families, this amendment is a small gesture to symbolize
their sacrifices were not in vain, and that they we will never forget
their bravery and heroism.
That is why I am also a strong supporter of an amendment that passed
in an earlier en bloc passage to locate the Global War on Terrorism
Memorial on the National Mall here in Washington, D.C.
Our Nation's patriots who selflessly fought to defend this Nation in
the wake of terror attacks against our homeland deserve nothing less
than a lasting tribute in our Nation's capitol in a place of prominence
on the National Mall.
I strongly support the amendment and would urge the eventual NDAA
conferees to ensure it stays in the final text and will fight to make
sure that it does.
Before I conclude, I would be remiss if I didn't mention several
wildfire-related amendments.
I believe that better pay and benefits for our wildland firefighters
is both well-deserved and well-earned, but we must address both the
short- and long-term issues facing our firefighters and Federal lands;
which means addressing the catastrophic forest health crisis through
better management.
Nearly six million acres have burned this year, and States like
California and Oregon saw some of the largest fires in their State's
history. Fire seasons are getting longer and more intense because of
our lack of forest management, which in turn puts a heavy physical,
mental, and emotional strain on our wildland firefighters.
I would like to extend an invitation to my colleagues on the other
side of the aisle to work on this issue together so that we stop
putting our firefighters in impossible situations year after year.
I urge my colleagues to support the Miller-Meeks, Gallego, Westerman,
and Grijalva amendment.
Mr. SMITH of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Van Duyne), one of our great new freshman
members of the Republican Conference.
Ms. VAN DUYNE. Mr. Speaker, I rise today in support of this en bloc,
which includes my friend and colleague Representative Dean Phillips'
amendment, which directs the Secretary of Defense to submit a report on
the effects of the Department of Defense's Cybersecurity Maturity Model
Certification framework on small business.
Recognizing the increased cyber vulnerabilities of small contractors,
the DOD initiated a new cybersecurity assessment framework called the
Cybersecurity Maturity Model Certification to assess contractor
implementation of cybersecurity requirements.
While no one disputes the Federal Government's need to address the
growing cybersecurity risks facing our Nation, I am concerned that the
CMMC has created another hurdle to keep small businesses from competing
effectively in the defense marketplace.
There is no question our military relies heavily on the many small
businesses that make up our defense contracting network, and their
voices should be heard throughout this process.
Strong national security and cybersecurity in a thriving defense
industrial base shouldn't be mutually exclusively goals, and I hope
this amendment will set a clear path forward for our smaller
contractors.
I would also like to rise today in support of the following
amendments en bloc, which includes my supply chain-focused amendment
that I was proud to introduce with my main colleague, Mr. Golden.
Now, more than ever, we must ensure our supply chains are protected,
and with every business I meet, I continue to hear how they are
experiencing firsthand impacts of supply chain disruptions due to
COVID-19. And to prevent further disruptions, we must act now to
identify vulnerabilities. Protecting our supply chain is more than just
business, it is a matter now of national security.
My amendment will begin this process by directing the DNI and the CIA
to identify those critical supply chains to our national security,
economic security, and public health, as well as recommend necessary
actions.
It is my goal, along with my colleagues on both sides of the aisle,
that this amendment will prevent another grave supply chain crisis.
Mr. Speaker, I urge support of these two amendments.
Mr. SMITH of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Pennsylvania (Mr. Perry), an outstanding member of the
Republican Conference and a retired general officer.
{time} 1815
Mr. PERRY. Mr. Speaker, I thank the gentleman and appreciate the
opportunity to introduce this amendment combating illegal CCP dictates
in the South China Sea.
Mr. Speaker, on September 1, China's Maritime Security Administration
began to demand that foreign ships report specific vessel information
before entering the CCP's imagined maritime claims.
This information includes the following: the name and number; the
satellite telephone number; the position and recent locations; and
cargo.
Vessels needing to provide this information include submersibles,
nuclear vessels, ships carrying radioactive materials, as well as any
vessel the CCP deems to be a threat, which is, naturally, purposefully
vague.
Now, what this is is the Chinese Communist Party literally drew a
line in the South China Sea and said: You come across it, even though
you are in international waters, you have to do this.
No, we don't have to do this.
[[Page H5033]]
The United States has repeatedly said we reject all maritime claims
made by China within the so-called nine-dash line, the 10-dash line, or
the 11-dash line, or whatever they want to call it, at any time, as
virtually all of those claims are both imagined and illegal. This
position was prominently reinforced by former Secretary Pompeo on July
13, 2020.
Fortunately, it appears to be the case that the administration agrees
with this assessment.
Mr. Speaker, I urge passage of this amendment to push back against
China's lawless activity in the South China Sea.
Mr. SMITH of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this en bloc was put together in close consultation by
the majority with the minority. I urge all Members to support it, and I
yield back the balance of my time.
Mr. SMITH of Washington. Mr. Speaker, I concur in the remarks of the
ranking member. I urge support for the en bloc, and I yield back the
balance of my time.
Ms. MOORE of Wisconsin. Mr. Speaker, I want to thank the Chair for
his support of my amendment.
This amendment is based on legislation I have introduced previously,
the Corey Adams Searchlight Act.
I want to talk about why this amendment is so important.
It is about helping services members who have been heroes and have
given so much for our safety.
The bill is named after my constituent, Corey Adams.
Corey always wanted to serve his country and follow in his fathers
and grandfathers' footsteps and join the Air Force after high school.
Corey served 4 years on active duty, then joined the Air Force
Reserve.
Sergeant Corey also served six months in Afghanistan in 2009.
Sergeant Corey Adams was later diagnosed with Post traumatic stress
disorder and later moved into his parent's home in Milwaukee, WI.
On March 20, 2017 the Adams family was changed forever.
Segreant Corey Adams was missing.
His family tried to file a missing persons report soon after he went
missing,
It took eight days before the police determined he met the critical
missing persons criteria, a crucial delay. 18 days after his
disappearance, Corey Adams' body was recovered from Dineen Park, one
mile from his mother's home.
No family should have to suffer a tragedy like this. This Sunday
would have been Corey's 50th birthday.
In the aftermath of this tragedy, Wisconsin became the first state to
enact a green alert system to find veterans who are reported missing.
Delaware, Tennessee, and Texas have since enacted laws to do so, and
other states are currently looking to do the same.
When a Veteran goes missing, we should ensure that we have their 6.
Mr. SABLAN. Mr. Speaker, my amendment No. 363, which is included in
En Bloc 3, ensures the 1,700 small businesses in my district can access
financing through the Small Business Administration's micro loan
program.
The program is targeted specially to help women, low-income, veteran,
and minority entrepreneurs.
The Marianas is the only place in the U.S. not included in the
program, which provides loans, typically not offered by banks, of up to
$50,000.
My bipartisan amendment would correct that by ensuring access to
microloans on the same basis as their counterparts across the nation.
I thank Representatives Garbarino, Kahele, and Radewagen for their
cosponsorship of the amendment.
I ask my colleagues to support En Bloc 3.
The SPEAKER pro tempore (Mr. Casten). Pursuant to House Resolution
667, the previous question is ordered on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The question is on the amendments en bloc offered by the gentleman
from Washington (Mr. Smith).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 4 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Speaker, pursuant to House Resolution
667, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 366, 367, 368,
369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382,
383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396,
397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,
411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424,
425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 436, 437, 438, 439,
440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 454,
455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468,
469, 470, 471, 472, 473, 474, 475, and 476, printed in part C of House
Report 117-125, offered by Mr. Smith of Washington:
amendment no. 366 offered by mr. san nicolas of guam
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. INCLUDING OF TRIBAL GOVERNMENTS AND TERRITORIES IN
THE HIGH-RISK MONEY LAUNDERING AND RELATED
FINANCIAL CRIME AREAS.
(a) Findings.--The Congress finds the following:
(1) According to the Department of Justice, human
trafficking is ``a crime that involves exploiting a person
for labor, services, or commercial sex'', a global illicit
trade that is estimated by Global Financial Integrity to be
valued at more than $150.2 billion each year.
(2) Polaris, the non-governmental organization which runs
the United States National Human Trafficking Hotline, has
found that while human trafficking is a nationwide problem,
the majority of domestic human trafficking victims are
``people who have historically faced discrimination and its
political, social and economic consequences: people of color,
indigenous communities, immigrants and people who identify as
LGBTQ+''.
(3) For this reason, it is important that law enforcement
representing native communities and territories are part of
the national dialogue about countering human trafficking.
(4) The High Intensity Financial Crime Areas program, which
is intended to concentrate law enforcement efforts at the
Federal, State, and local level to combat money laundering in
designated high-intensity money laundering zones, considers
human trafficking among other financial crime issues and
actors.
(5) In each High Intensity Financial Crime Area, a money-
laundering action team, comprised of relevant Federal, State,
and local enforcement authorities, prosecutors, and financial
regulators, works together to coordinate Federal, State, and
local anti-money laundering effort.
(6) The High Intensity Financial Crime Area program does
not currently mandate the inclusion of law enforcement and
other agencies from Tribes and territories.
(7) Further, the National Strategy for Combating Terrorist
and Other Illicit Financing, a valuable report which is
scheduled to sunset in January 2022, does not currently
mandate the inclusion of law enforcement and other agencies
from Tribes and Territories.
(b) National Strategy for Combating Terrorist and Other
Illicit Financing.--The Countering Russian Influence in
Europe and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is
amended--
(1) in section 261(b)(2)--
(A) by striking ``2020'' and inserting ``2024''; and
(B) by striking ``2022'' and inserting ``2026'';
(2) in section 262--
(A) in paragraph (1)--
(i) by striking ``in the documents entitled `2015 National
Money Laundering Risk Assessment' and `2015 National
Terrorist Financing Risk Assessment','' and inserting ``in
the documents entitled `2020 National Strategy for Combating
Terrorist and Other Illicit Financing' and `2022 National
Strategy for Combating Terrorist and Other Illicit Financing'
''; and
(ii) by striking ``the broader counter terrorism strategy
of the United States'' and inserting ``the broader counter
terrorism and national security strategies of the United
States'';
(B) in paragraph (6)--
(i) by striking ``Prevention of illicit finance'' and
inserting ``prevention, detection, and defeat of illicit
finance'';
(ii) by striking ``private financial sector'' and inserting
``private sector, including financial and other relevant
industries,''; and
(iii) by striking ``with regard to the prevention and
detection of illicit finance'' and inserting ``with regard to
the prevention, detection, and defeat of illicit finance'';
(C) in paragraph (7)--
(i) by striking ``Federal, State, and local officials'' and
inserting ``Federal, State, local, Tribal, and Territory
officials''; and
(ii) by inserting after ``State and local prosecutors,''
the following: ``Tribal and Territorial law enforcement'';
and
[[Page H5034]]
(D) in paragraph (8), by striking ``so-called''.
(c) Law Enforcement and Other Agencies From Tribes and
Territories.--Section 5342 of title 31, United States Code is
amended--
(1) in subsection (a)(1)(B), by striking ``local, State,
national,'' and inserting ``local, State, national, Tribal,
Territorial,'';
(2) in subsection (a)(2)(A), by striking ``with State'' and
inserting ``with State, Tribal, Territorial,'';
(3) in subsection (c)(3), by striking ``any State or local
official or prosecutor'' and inserting ``any State, local,
Tribe, or Territory official or prosecutor''; and
(4) in subsection (d), by striking ``State and local
governments and State and local law enforcement agencies''
and inserting ``State, local, Tribal, and Territorial
governments and State, local, Tribal, and Territorial
agencies''.
(d) Financial Crime-Free Communities Support Program.--
(1) In general.--Section 5351 of title 31, United States
Code, is amended by striking ``to support local law
enforcement efforts'' and inserting`` to support local,
Tribal, and Territorial law enforcement efforts''.
(2) Program authorization.--Section 5352 of title 31,
United States Code, is amended--
(A) in subsection (a), by striking ``State or local'' in
each place it occurs and inserting ``State, local, Tribal, or
Territorial''; and
(B) in subsection (c)--
(i) by striking ``State or local'' and inserting ``State,
local, Tribal, or Territorial''; and
(ii) in paragraph (1), by striking ``State law'' and
inserting ``State, Tribal, or Territorial law''.
(3) Information collection and dissemination.--Section
5353(b)(3)(A) of title 31, United States Code, is amended by
striking ``State local law enforcement agencies'' and
inserting ``State, local, Tribal, and Territorial law
enforcement agencies''.
(4) Grants for fighting money laundering and related
financial crimes.--Section 5354 of title 31, United States
Code, is amended--
(A) by striking ``State or local law enforcement'' and
inserting ``State, local, Tribal, or Territorial law
enforcement'';
(B) by striking ``State and local law enforcement'' and
inserting ``State, local, Tribal, and Territorial law
enforcement''; and
(C) by striking ``Federal, State, and local cooperative law
enforcement'' and inserting ``Federal, State, local, Tribal,
and Territorial cooperative law enforcement''.
amendment no. 367 offered by ms. sanchez of california
At the end of subtitle A of title XIII of division A, add
the following:
SEC. 13_. REPORT ON EFFORTS OF NATO TO COUNTER MISINFORMATION
AND DISINFORMATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the entities specified in subsection (b) a report
on efforts of the North Atlantic Treaty Organization (NATO)
and NATO member states to counter misinformation and
disinformation.
(b) Entities Specified.--The entities specified in this
subsection are--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate; and
(2) each member of the United States delegation to the NATO
Parliamentary Assembly.
(c) Elements.--The report required by subsection (a)
shall--
(1) assess--
(A) vulnerabilities of NATO member states and NATO to
misinformation and disinformation and describe efforts to
counter such activities;
(B) the capacity and efforts of NATO member states and NATO
to counter misinformation and disinformation, including
United States cooperation with other NATO members states; and
(C) misinformation and disinformation campaigns carried out
by authoritarian states, particularly Russia and China; and
(2) include recommendations to counter misinformation and
disinformation.
amendment no. 368 offered by ms. sanchez of california
At the end of subtitle A of title XIII, insert the
following:
SEC. 13__. FUNDING FOR THE NATO STRATEGIC COMMUNICATIONS
CENTER OF EXCELLENCE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 4301 for Operating Forces, Special
Operations Command Theatre Forces, line 110, as specified in
the corresponding the corresponding funding tables in
division D, for the NATO Strategic Communication Center of
Excellence is hereby increased by $5,000,000, to be made
available for the purposes described in subsection (c).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Space Force, as specified in the corresponding funding table
in section 4301, for Contractor Logistics and System Support
is hereby reduced by $5,000,000.
(c) Purposes.--The Secretary of Defense shall provide funds
for the NATO Strategic Communications Center of Excellence
(in this section referred to as the ``Center'') to--
(1) enhance the capability, cooperation, and information
sharing among NATO, NATO member countries, and partners, with
respect to strategic communications and information
operations; and
(2) facilitate education, research and development, lessons
learned, and consultation in strategic communications and
information operations.
(d) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
certify to the Committees on Armed Services of the House of
Representatives and the Senate that the Secretary has
assigned executive agent responsibility for the Center to an
appropriate organization within the Department of Defense,
and detail the steps being undertaken to strengthen the role
of Center in fostering strategic communications and
information operations within NATO.
(e) Briefing Requirement.--
(1) In general.--The Secretary of Defense shall brief the
recipients listed in paragraph (2) not less than twice each
year on the efforts of the Department of Defense to
strengthen the role of the Center in fostering strategic
communications and information operations within NATO.
(2) Recipients.--The recipients listed in this paragraph
are the following:
(A) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(B) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(C) Each member of the United States delegation to the NATO
Parliamentary Assembly.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the matter
described in paragraph (1).
amendment no. 369 offered by ms. sanchez of california
At the end of subtitle A of title XIII, insert the
following:
SEC. 13__. BRIEFING ON IMPROVEMENTS TO NATO STRATEGIC
COMMUNICATIONS CENTER OF EXCELLENCE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall periodically
brief the recipients listed in subsection (b) on--
(1) how the Department of Defense is working with the NATO
Strategic Communications Center of Excellence and the
interagency to improve NATO's ability to counter and mitigate
disinformation, active measures, propaganda, and denial and
deception activities of Russia and China; and
(2) how the Department of Defense is developing ways to
improve strategic communications within NATO, including
enhancing the capacity of and coordination with the NATO
Strategic Communications Center of Excellence.
(b) Recipients.--The recipients listed in this paragraph
are the following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
(3) Each member of the United States delegation to the NATO
Parliamentary Assembly.
(c) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to
Congress a report containing the recommendations of the
Secretary with respect to improving strategic communications
within NATO.
amendment no. 370 offered by ms. sanchez of california
At the end of subtitle A of title XIII of division A, add
the following:
SEC. __. SENSE OF CONGRESS ON ENHANCING NATO EFFORTS TO
COUNTER MISINFORMATION AND DISINFORMATION.
It is the sense of Congress that the United States should--
(1) prioritize efforts to enhance the North Atlantic Treaty
Organization' (NATO's) capacity to counter misinformation and
disinformation;
(2) support an increase in NATO's human, financial, and
technological resources and capacity dedicated to understand,
respond to, and fight threats in the information space;
(3) support building technological resilience to
misinformation and disinformation;
(4) reiterate United States commitment to women's equal
rights and dedicate additional resources to understanding and
countering the effects of gendered disinformation to
democracies; and
(5) prioritize the importance of democratic resilience and
countering misinformaton and disinformation during ongoing
negotiations over a new NATO Strategic Concept to be adopted
at the 2022 NATO summit.
SEC. __. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY
ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its
member delegations;
[[Page H5035]]
(2) communicate with and educate the public on the benefits
and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation and
disinformation.
amendment no. 371 offered by ms. sanchez of california
At the end of title LX, insert the following:
SEC. 60__. REPORT ON OBSTACLES TO VETERAN PARTICIPATION IN
FEDERAL HOUSING PROGRAMS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs, in coordination
with the Secretary of Housing and Urban Development, shall
submit to Congress a report on the obstacles veterans
experience related to receiving benefits under Federal
housing programs, including obstacles relating to women
veterans, LGBTQ+ veterans, and multi-generational family
types and obstacles relating to eligibility requirements
(including local Area Median Income limits, chronicity and
disability requirements, and required documentation).
amendment no. 372 offered by ms. sanchez of california
At the end of title LX, insert the following:
SEC. 60__ DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE
SERVICES AND HOUSING INSECURITY.
Not later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs, in coordination
with the Secretary of Housing and Urban Development and the
Secretary of Labor, shall submit to Congress a report on how
often and what type of supportive services (including career
transition and mental health services and services for
elderly veterans) are being offered to and used by veterans,
and any correlation between a lack of supportive services
programs and the likelihood of veterans falling back into
housing insecurity. The Secretary of Veterans Affairs shall
ensure that any medical information included in the report is
de-identified.
amendment no. 373 offered by ms. schakowsky of illinois
Page 744, after line 11, add the following:
SEC. 856. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY
CONTRACTOR CONTRACTS AND PERSONNEL.
(a) Report on Actions Taken to Implement Government
Accountability Office Recommendations.--Not later than 60
days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretaries of
the military departments (as defined in section 101 of title
10, United States Code), shall submit to the congressional
defense committees a report on the efforts and plans of the
Department of Defense to implement the recommendations
contained in the report of the Government Accountability
Office titled ``PRIVATE SECURITY CONTRACTORS: DOD Needs to
Better Identify and Monitor Personnel and Contracts'' (GAO-
21-255), dated July 29, 2021.
(b) Form of Submissions.--The report required by subsection
(a) shall, to the maximum extent possible, be submitted in
unclassified form, but may contain a classified annex.
(c) Report Contents.--The report required by subsection (a)
shall contain--
(1) a summary of the actions planned or taken by Department
of Defense to implement the three recommendations in the
report of the Government Accountability Office described in
such subsection;
(2) a schedule for completing the implementation of each
such recommendation, including specific milestones;
(3) a comprehensive list of--
(A) the specific contracted activities and services
designated by the Department private security functions; and
(B) the private security contracts of the Department in
effect at any time during fiscal year 2021;
(4) an explanation of how the Department plans to ensure
that information pertaining to private security contracts and
personnel can be uniquely identified in the databases of the
Department used to record information on contracts and
contractor personnel; and
(5) a summary of the data possessed by the Department on
all private security contracts in effect as of the end of
fiscal year 2021, including--
(A) the number of such contracts;
(B) the number of contractors for such contracts;
(C) the number of private security personnel performing
private security functions under such contracts, including
the number of such personnel who are armed and the number who
are unarmed; and
(D) for all such private security personnel, job titles and
primary duty stations under such contracts, including whether
such individual is deployed inside or outside of the
continental United States.
(d) Definitions.--In this section:
(1) Private security contract.--The term ``private security
contract'' means a covered contract (as defined under section
159.3 of title 32, Code of Federal Regulations) under which
private security functions are performed.
(2) Private security functions.--The term ``private
security functions'' has the meaning given such term under
section 159.3 of title 32, Code of Federal Regulations.
(3) Private security personnel.--The term ``private
security personnel'' has the meaning given the term ``PSC
personnel'' under section 159.3 of title 32, Code of Federal
Regulations.
amendment no. 374 offered by mr. schiff of california
At the end of title LX, insert the following:
SEC. 60__. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF
THE NAMES OF THE LOST CREW MEMBERS OF THE
U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Columbia of the names of the 74 crew
members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall
consult with the Secretary of the Interior, the American
Battlefield Monuments Commission, and other applicable
authorities with respect to any adjustments to the
nomenclature and placement of names pursuant to subsection
(a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter
89 of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to any
activities carried out under subsection (a) or (b).
amendment no. 375 offered by mr. schiff of california
At the appropriate place in title LX of division E, insert
the following:
SEC. __. JAMAL KHASHOGGI PRESS FREEDOM ACCOUNTABILITY ACT OF
2021.
(a) Expanding Scope of Human Rights Reports With Respect to
Violations of Human Rights of Journalists.--The Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended as
follows:
(1) In paragraph (12) of section 116(d)--
(A) in subparagraph (B)--
(i) by inserting ``or online harassment'' after ``direct
physical attacks''; and
(ii) by inserting ``or surveillance'' after ``sources of
pressure'';
(B) in subparagraph (C)(ii), by striking ``ensure the
prosecution'' and all that follows to the end of the clause
and inserting ``ensure the investigation, prosecution, and
conviction of government officials or private individuals who
engage in or facilitate digital or physical attacks,
including hacking, censorship, surveillance, harassment,
unlawful imprisonment, or bodily harm, against journalists
and others who perform, or provide administrative support to,
the dissemination of print, broadcast, internet-based, or
social media intended to communicate facts or opinion.'';
(C) by redesignating subparagraphs (B) and (C) (as amended
by subparagraph (A) of this section) as subparagraphs (C) and
(D), respectively; and
(D) by inserting after subparagraph (A) the following new
subparagraph:
``(B) an identification of countries in which there were
gross violations of internationally recognized human rights
(as such term is defined for purposes of section 502B)
committed against journalists;''.
(2) By redesignating the second subsection (i) of section
502B as subsection (j).
(3) In the first subsection (i) of section 502B--
(A) in paragraph (2)--
(i) by inserting ``or online harassment'' after ``direct
physical attacks''; and
(ii) by inserting ``or surveillance'' after ``sources of
pressure'';
(B) by redesignating paragraph (2) (as amended by
subparagraph (A) of this section) and paragraph (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) an identification of countries in which there were
gross violations of internationally recognized human rights
committed against journalists;''.
(b) Imposition of Sanctions on Persons Responsible for the
Commission of Gross Violations of Internationally Recognized
Human Rights Against Journalists.--
(1) Listing of persons who have committed gross violations
of internationally recognized human rights.--
(A) In general.--On or after the date on which a person is
listed pursuant to subparagraph (B), the President shall
impose the sanctions described in paragraph (2) on each
foreign person the President determines, based on credible
information, has perpetrated, ordered, or otherwise directed
the extrajudicial killing of or other gross violation of
internationally recognized human rights committed against a
journalist or other person who performs, or provides
administrative support to, the dissemination of print,
broadcast, internet-based, or social media intended to report
newsworthy activities or information, or communicate facts or
fact-based opinions.
(B) Publication of list.--The Secretary of State shall
publish on a publicly available website of the Department of
State a list of the names of each foreign person determined
pursuant to subparagraph (A) to have perpetrated, ordered, or
directed an act described in such paragraph. Such list shall
be updated at least annually.
(C) Exception.--The President may waive the imposition of
sanctions under subparagraph (A) (and omit a foreign person
from the list published in accordance with subparagraph (B))
or terminate such sanctions and remove a foreign person from
such list, if the President certifies to the Committee
[[Page H5036]]
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate--
(i) that public identification of the individual is not in
the national interest of the United States, including an
unclassified description of the factual basis supporting such
certification, which may contain a classified annex; or
(ii) that appropriate foreign government authorities have
credibly--
(I) investigated the foreign person and, as appropriate,
held such person accountable for perpetrating, ordering, or
directing the acts described in subparagraph (A);
(II) publicly condemned violations of the freedom of the
press and the acts described in subparagraph (A);
(III) complied with any requests for information from
international or regional human rights organizations with
respect to the acts described in subparagraph (A); and
(IV) complied with any United States Government requests
for information with respect to the acts described in
subparagraph (A).
(2) Sanctions described.--The sanctions described in this
paragraph are the following:
(A) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign person
identified in the report required under paragraph (1)(A) if
such property and interests in property are in the United
States, come within the United States, or come within the
possession or control of a United States person.
(B) Ineligibility for visas, admission, or parole.--
(i) Visas, admission, or parole.--An alien described in
paragraph (1)(A) is--
(I) inadmissible to the United States;
(II) ineligible to receive a visa or other documentation to
enter the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien described in paragraph (1)(A) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall take effect immediately, and automatically cancel any
other valid visa or entry documentation that is in the
alien's possession.
(C) Exceptions.--
(i) Exception for intelligence activities.--The sanctions
described in this paragraph shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
(ii) Exception to comply with international obligations.--
The sanctions described in this paragraph shall not apply
with respect to an alien if admitting or paroling the alien
into the United States is necessary to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(3) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this subsection.
(B) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign
person that violates, attempts to violate, conspires to
violate, or causes a violation of this subsection to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(4) Exception relating to the importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions under this section shall not include any authority
or requirement to impose sanctions on the importation of
goods.
(B) Good defined.--For purposes of this section, the term
``good'' means any article, natural or man-made substance,
material, supply, or manufactured product, including
inspection and test equipment and excluding technical data.
(5) Definitions.--In this subsection:
(A) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(B) Foreign person.--The term ``foreign person'' means an
individual who is not--
(i) a United States citizen or national; or
(ii) an alien lawfully admitted for permanent residence to
the United States.
(C) United states person.--The term ``United States
person'' means--
(i) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
(ii) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such entity; or
(iii) any person in the United States.
(c) Prohibition on Foreign Assistance.--
(1) Prohibition.--Assistance authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) may not be made
available to any governmental entity of a country if the
Secretary of State or the Director of National Intelligence
has credible information that one or more officials
associated with, leading, or otherwise acting under the
authority of such entity has committed a gross violation of
internationally recognized human rights against a journalist
or other person who performs, or provides administrative
support to, the dissemination of print, broadcast, internet-
based, or social media intended to report newsworthy
activities or information, or communicate facts or fact-based
opinions. To the maximum extent practicable, a list of such
governmental entities shall be published on publicly
available websites of the Department of State and of the
Office of the Director of National Intelligence and shall be
updated on a regular basis.
(2) Prompt information.--The Secretary of State shall
promptly inform appropriate officials of the government of a
country from which assistance is withheld in accordance with
the prohibition under paragraph (1).
(3) Exception.--The prohibition under paragraph (1) shall
not apply with respect to the following:
(A) Humanitarian assistance or disaster relief assistance
authorized under the Foreign Assistance Act of 1961.
(B) Assistance the Secretary determines to be essential to
assist the government of a country to bring the responsible
members of the relevant governmental entity to justice for
the acts described in paragraph (1).
(4) Waiver.--
(A) In general.--The Secretary of State, may waive the
prohibition under paragraph (1) with respect to a
governmental entity of a country if--
(i) the President, acting through the Secretary of State
and the Director of National Intelligence, determines that
such a waiver is in the national security interest of the
United States; or
(ii) the Secretary of State has received credible
information that the government of that country has--
(I) performed a thorough investigation of the acts
described in paragraph (1) and is taking effective steps to
bring responsible members of the relevant governmental entity
to justice;
(II) condemned violations of the freedom of the press and
the acts described in paragraph (1);
(III) complied with any requests for information from
international or regional human rights organizations with
respect to the acts described in paragraph (1), in accordance
with international legal obligations to protect the freedom
of expression; and
(IV) complied with United States Government requests for
information with respect to the acts described in paragraph
(1).
(B) Certification.--A waiver described in subparagraph (A)
may only take effect if--
(i) the Secretary of State certifies, not later than 30
days before the effective date of the waiver, to the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate that such waiver is warranted
and includes an unclassified description of the factual basis
supporting the certification, which may contain a classified
annex; and
(ii) the Director of National Intelligence, not later than
30 days before the effective date of the waiver, submits to
the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence
of the Senate a report detailing any underlying information
that the intelligence community (as such term is defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) has regarding the perpetrators of the acts described
in paragraph (1), which shall be submitted in unclassified
form but may contain a classified annex.
amendment no. 376 offered by mr. schneider of illinois
Add at the end of title XI, add the following new section:
SEC. 11__. PARENTAL BEREAVEMENT LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Section 6382(a)(1) of title 5, United
States Code, is amended by adding at the end the following
new subparagraph:
``(F) Because of the death of a son or daughter of the
employee.''.
(b) Requirements Relating to Leave.--
(1) Schedule.--Section 6382(b)(1) of such title is amended
by inserting after the third sentence the following: ``Leave
under subsection (a)(1)(F) shall not be taken by an employee
intermittently or on a reduced leave schedule unless the
employee and the employing agency of the employee agree
otherwise.''.
(2) Paid leave.--Section 6382(d)(2) of such title is
amended--
(A) in subparagraph (A), by striking ``(A) or (B)'' and
inserting ``(A), (B), or (F)''; and
(B) in subparagraph (B)(i), by striking ``birth or
placement'' and inserting ``birth, placement, or death''.
(3) Notice.--Section 6382(e) of such title is amended by
adding at the end the following new paragraph:
[[Page H5037]]
``(4) In any case in which the necessity for leave under
subsection (a)(1)(F) is foreseeable, the employee shall
provide such notice to the employing agency as is reasonable
and practicable.''.
(4) Certification requirements.--Section 6383 of such title
is amended by adding at the end the following new subsection:
``(g) An employing agency may require that a request for
leave under section 6382(a)(1)(F) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation prescribe.
If the Office issues a regulation requiring such
certification, the employee shall provide, in a timely
manner, a copy of such certification to the employer.''.
amendment no. 377 offered by mr. schneider of illinois
At the end of subtitle E of title VIII, insert the
following:
SEC. 8__. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the National
Guard or Reserves;
``(B) an individual who is participating in the Transition
Assistance Program established under section 1144 of title
10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch of the Armed
Forces, including the National Guard or Reserves; and
``(ii) was discharged or released from such service under
conditions other than dishonorable; and
``(D) a spouse or dependent of an individual described in
subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent
4 fiscal years, the Administrator shall carry out a program
to be known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to covered
individuals interested in business ownership; and
``(B) provide covered individuals with the tools, skills,
and knowledge necessary to identify a business opportunity,
draft a business plan, identify sources of capital, connect
with local resources for small business concerns, and start
up a small business concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program may
include--
``(i) a presentation providing exposure to the
considerations involved in self-employment and ownership of a
small business concern;
``(ii) an online, self-study course focused on the basic
skills of entrepreneurship, the language of business, and the
considerations involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction component
providing an introduction to the foundations of self
employment and ownership of a small business concern; and
``(iv) in-depth training delivered through online
instruction, including an online course that leads to the
creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private entities to
develop course curricula for the Boots to Business Program;
and
``(ii) modify program components in coordination with
entities participating in a Warriors in Transition program,
as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator shall--
``(I) ensure that Veteran Business Outreach Centers
regularly participate, on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent practicable, use a variety of
other resource partners and entities in administering the
Boots to Business Program.
``(ii) Grant authority.--In carrying out clause (i), the
Administrator may make grants to Veteran Business Outreach
Centers, other resource partners, or other entities to carry
out components of the Boots to Business Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business Program,
including all course materials and outreach materials related
to the Boots to Business Program, for inclusion on the
website of the Department of Defense relating to the
Transition Assistance Program, in the Transition Assistance
Program manual, and in other relevant materials available for
distribution from the Secretary of Defense.
``(E) Availability to veterans affairs.--In consultation
with the Secretary of Veterans Affairs, the Administrator
shall make available for distribution and display at local
facilities of the Department of Veterans Affairs outreach
materials regarding the Boots to Business Program which
shall, at a minimum--
``(i) describe the Boots to Business Program and the
services provided; and
``(ii) include eligibility requirements for participating
in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter,
the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report on
the performance and effectiveness of the Boots to Business
Program, which may be included as part of another report
submitted to such Committees by the Administrator, and which
shall include--
``(A) information regarding grants awarded under paragraph
(4)(C);
``(B) the total cost of the Boots to Business Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of the Boots
to Business Program;
``(E) to the extent possible--
``(i) the demographics of program participants, to include
gender, age, race, relationship to military, military
occupational specialty, and years of service of program
participants;
``(ii) the number of small business concerns formed or
expanded with assistance under the Boots to Business Program;
``(iii) the gross receipts of small business concerns
receiving assistance under the Boots to Business Program;
``(iv) the number of jobs created with assistance under the
Boots to Business Program;
``(v) the number of referrals to other resources and
programs of the Administration;
``(vi) the number of program participants receiving
financial assistance under loan programs of the
Administration;
``(vii) the type and dollar amount of financial assistance
received by program participants under any loan program of
the Administration; and
``(viii) results of participant satisfaction surveys,
including a summary of any comments received from program
participants;
``(F) an evaluation of the effectiveness of the Boots to
Business Program in each region of the Administration during
the most recent fiscal year;
``(G) an assessment of additional performance outcome
measures for the Boots to Business Program, as identified by
the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are covered
individuals;
``(I) an explanation of how the Boots to Business Program
has been integrated with other transition programs and
related resources of the Administration and other Federal
agencies; and
``(J) any additional information the Administrator
determines necessary.''.
amendment no. 378 offered by mr. schneider of illinois
At the appropriate place in subtitle C of title XIII,
insert the following:
SEC. 13__. U.S.-ISRAEL MILITARY TECHNOLOGY COOPERATION ACT.
Section 1299M of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by striking the section heading and inserting
``establishment of united states-israel operations-technology
working group'';
(2) by amending subsection (a) to read as follows:
``(a) Requirement.--
``(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall take actions
within the United States-Israel Defense Acquisition Advisory
Group--
``(A) to provide a standing forum for the United States and
Israel to systematically share intelligence-informed military
capability requirements;
``(B) to identify military capability requirements common
to the Department of Defense and the Ministry of Defense of
Israel;
``(C) to assist defense suppliers in the United States and
Israel by assessing recommendations from such defense
suppliers with respect to joint science, technology,
research, development, test, evaluation, and production
efforts; and
``(D) to develop, as feasible and advisable, combined
United States-Israel plans to research, develop, procure, and
field weapon systems and military capabilities as quickly and
economically as possible to meet common capability
requirements of the Department and the Ministry of Defense of
Israel.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as requiring the termination of any
existing United States defense activity, group, program, or
partnership with Israel.'';
(3) by amending subsection (c) to read as follows:
``(c) Establishment of United States-Israel Operations-
Technology Working Group Within the United States-Israel
Defense Acquisition Advisory Group.--
[[Page H5038]]
``(1) In general.--Not later than 1 year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary of Defense, in consultation
with the appropriate heads of other Federal agencies and with
the concurrence of the Minister of Defense of Israel, shall
establish, under the United States vice chairman of the
United States-Israel Defense Acquisition Advisory Group, a
United States-Israel Operations-Technology Working Group to
address operations and technology matters described in
subsection (a)(1).
``(2) Extension with respect to terms of reference.--The 1-
year period under paragraph (1) may be extended for up to 180
days if the Secretary of Defense, in consultation with the
Secretary of State, certifies in writing to the appropriate
congressional committees that additional time is needed to
finalize the terms of reference. Such certification shall be
made in unclassified form.''; and
(4) in subsection (d)(2), by striking ``United States-
Israel Defense Acquisition Advisory Group'' each place it
appears and inserting ``United States-Israel Operations-
Technology Working Group''.
amendment no. 379 offered by mr. schrader of oregon
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON FUNDS AUTHORIZED TO BE APPROPRIATED FOR
OVERSEAS CONTINGENCY OPERATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the obligation and expenditure
of funds that were authorized to be appropriated for overseas
contingency operations for fiscal year 2010 and fiscal year
2019.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
amendment no. 380 offered by mr. schrader of oregon
At the end of subtitle F of title III insert the following:
SEC. 3__. STUDY ON DISEASE PREVENTION FOR MILITARY WORKING
DOGS.
Not later than 180 days after the date of the enactment of
this Act, the head of the Army Veterinary Services shall
submit to Congress a report containing the findings of an
updated study on the potential introduction of foreign animal
diseases and current prevention protocol and strategies to
protect the health of military working dogs.
Amendment No. 381 offered by Mr. schrader of oregon
Add at the end of title LX the following new section:
SEC. 60__. INTERAGENCY ONE HEALTH PROGRAM.
(a) In General.--The Secretary of Health and Human
Services, the Secretary of Agriculture, and the Secretary of
Interior (referred to in this subtitle as the
``Secretaries''), in coordination with the United States
Agency for International Development, the Environmental
Protection Agency, the Department of Homeland Security, the
Department of Defense, the Department of Commerce, and other
departments and agencies as appropriate, shall develop,
publish, and submit to Congress a national One Health
Framework (referred to in this Act as the ``framework'') for
coordinated Federal Activities under the One Health Program.
(b) National One Health Framework.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretaries, in cooperation
with the United States Agency for International Development,
the Environmental Protection Agency, the Department of
Homeland Security, the Department of Defense, the Department
of Commerce, and other departments and agencies as
appropriate, shall develop, publish, and submit to Congress a
One Health Framework (referred to in this section as the
``framework'') for coordinated Federal activities under the
One Health Program.
(2) Contents of framework.--The framework described in
paragraph (1) shall describe existing efforts and contain
recommendations for building upon and complementing the
activities of the Centers for Disease Control and Prevention,
the Food and Drug Administration, the Office of the Assistant
Secretary for Preparedness and Response, the Public Health
Service Corps, the Department of Agriculture, the United
States Agency for International Development, the
Environmental Protection Agency, the National Institutes of
Health, the Department of Homeland Security, the Department
of the Interior, and other departments and agencies, as
appropriate, and shall--
(A) assess, identify, and describe, as appropriate,
existing activities of Federal agencies and departments under
the One Health Program and consider whether all relevant
agencies are adequately represented;
(B) for the 10-year period beginning in the year the
framework is submitted, establish specific Federal goals and
priorities that most effectively advance--
(i) scientific understanding of the connections between
human, animal, and environmental health;
(ii) coordination and collaboration between agencies
involved in the framework including sharing data and
information, engaging in joint fieldwork, and engaging in
joint laboratory studies related to One Health;
(iii) identification of priority zoonotic diseases and
priority areas of study;
(iv) surveillance of priority zoonotic diseases and their
transmission between animals and humans;
(v) prevention of priority zoonotic diseases and their
transmission between animals and humans;
(vi) protocol development to improve joint outbreak
response to and recovery from zoonotic disease outbreaks in
animals and humans; and
(vii) workforce development to prevent and respond to
zoonotic disease outbreaks in animals and humans;
(C) describe specific activities required to achieve the
goals and priorities described in subparagraph (B), and
propose a timeline for achieving these goals;
(D) identify and expand partnerships, as appropriate, among
Federal agencies, States, Indian tribes, academic
institutions, nongovernmental organizations, and private
entities in order to develop new approaches for reducing
hazards to human and animal health and to strengthen
understanding of the value of an integrated approach under
the One Health Program to addressing public health threats in
a manner that prevents duplication;
(E) identify best practices related to State and local-
level research coordination, field activities, and disease
outbreak preparedness, response, and recovery related to One
Health; and
(F) provide recommendations to Congress regarding
additional action or legislation that may be required to
assist in establishing the One Health Program.
(3) Addendum.--Not later than three years after the
creation of the framework, the Secretary, in coordination
with the agencies described in paragraph (1), shall submit to
Congress an addendum to the framework that describes the
progress made in advancing the activities described in the
framework.
(c) GAO Report.--Not later than two years after the date of
the submission of the addendum under section (b)(3), the
Comptroller General of the United States shall submit to
Congress a report that--
(1) details existing collaborative efforts between the
Centers for Disease Control and Prevention, the Food and Drug
Administration, the Department of Agriculture, the United
States Agency for International Development, the
Environmental Protection Agency, the National Institutes of
Health, the Department of Homeland Security, the Department
of the Interior, and other departments and agencies to
prevent and respond to zoonotic disease outbreaks in animals
and humans; and
(2) contains an evaluation of the framework and the
specific activities requested to achieve the framework.
Amendment No. 382 offered by Ms. schrier of washington
Add at the end of title LI the following new section:
SEC. ___. REPORT BY THE PRESIDENT ON CURRENT STATUS OF
ACTIVITIES RELATING TO COVID-19 TESTING UNDER
THE DEFENSE PRODUCTION ACT OF 1950.
(a) Report.-- Not later than 90 days after the date of the
enactment of this section, the President, in consultation
with the Administrator of the Federal Emergency Management
Agency, the Secretary of Defense, and the Secretary of Health
and Human Services, shall submit to the Congress a report on
efforts undertaken to carry out section 3101 of the American
Rescue Plan Act of 2021, and the expenditure of the
$10,000,000,000 appropriated for such purpose.
(b) Contents.--The report required by subsection (a) shall
include information on--
(1) amounts appropriated pursuant to section 3101(a) of the
American Rescue Plan Act of 2021 that have been spent on
diagnostic products for the detection or diagnosis of the
virus that causes COVID-19 that are described in section
3101(b)(1)(A) of such Act;
(2) the amount of the diagnostic products that have been
produced using amounts appropriated pursuant to such section
3101(a);
(3) the distribution of any diagnostic products that have
been so produced;
(4) the cost to manufacture and the price to consumers of
any such diagnostic products that have been so produced; and
(5) any plans for the expenditure, before September 30,
2025, of unspent funds appropriated pursuant to such section
3101(a).
Amendment No. 383 offered by Ms. schrier of washington
At the end of subtitle F of title V, insert the following:
SEC. 559I. GAO REPORT ON SCREENINGS INCLUDED IN THE HEALTH
ASSESSMENT FOR MEMBERS SEPARATING FROM THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on screenings included in
the health assessment administered to members separating from
the the Armed Forces. Such report shall include the following
elements:
(1) A list of screenings are included in such assessment.
(2) Whether such screenings--
(A) are uniform across the Armed Forces;
(B) include questions to assess if the member is at risk
for social isolation, homelessness, or substance abuse; and
(C) include questions about community.
(3) How many such screenings result in referral of a member
to--
[[Page H5039]]
(A) community services;
(B) community services other than medical services; and
(C) a veterans service organization.
(4) An assessment of the effectiveness of referrals
described in paragraph (3).
(5) How organizations, including veterans service
organizations, perform outreach to members in underserved
communities.
(6) The extent to which organizations described in
paragraph (5) perform such outreach.
(7) The effectiveness of outreach described in paragraph
(6).
(8) The annual amount of Federal funding for services and
organizations described in paragraphs (3) and (5).
Amendment No. 384 offered by Ms. schrier of washington
At the end of subtitle G of title V, add the following:
SEC. 569F. IMPLEMENTATION OF GAO RECOMMENDATIONS ON IMPROVED
COMMUNICATION OF BEST PRACTICES TO ENGAGE
MILITARY SPOUSES WITH CAREER ASSISTANCE
RESOURCES.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
plan to address recommendation #2, regarding strategies for
sharing information on outreach to military spouses, in the
report of the Government Accountability Office titled
``Military Spouse Employment: DOD Should Continue Assessing
State Licensing Practices and Increase Awareness of
Resources'' (GAO-21-193).
(2) Elements.--The plan required under paragraph (1) shall
include--
(A) a summary of actions that have been taken to implement
the recommendation;
(B) a summary of actions that will be taken to implement
the recommendation, including how the Secretary plans to--
(i) engage military services and installations, members of
the Spouse Ambassador Network, and other local stakeholders
to obtain information on the outreach approaches and best
practices used by military installations and stakeholders;
(ii) overcome factors that may limit use of best practices;
(iii) disseminate best practices to relevant stakeholders;
and
(iv) identify ways to and better coordinate with the
Secretaries of Veterans Affairs, Labor, and Housing and Urban
Development; and
(C) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Deadline for Implementation.--Except as provided in
paragraph (2), not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall carry
out activities to implement the plan developed under
subsection (a).
Amendment No. 385 offered by Mr. schweikert of arizona
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. IMPLEMENTATION OF CERTAIN CYBERSECURITY
RECOMMENDATIONS; CYBER HYGIENE AND
CYBERSECURITY MATURITY MODEL CERTIFICATION
FRAMEWORK.
(a) Report on Implementation of Certain Cybersecurity
Recommendations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the plans of the Secretary to implement certain
cybersecurity recommendations to ensure--
(1) the Chief Information Officer of the Department of
Defense takes appropriate steps to ensure implementation of
DC3I tasks;
(2) Department components develop plans with scheduled
completion dates to implement any remaining CDIP tasks
overseen by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a Department
component to oversee the implementation of any CDIP tasks not
overseen by the Chief Information Officer and reports on
progress relating to such implementation;
(4) Department components accurately monitor and report
information on the extent that users have completed Cyber
Awareness Challenge training, as well as the number of users
whose access to the Department network was revoked because
such users have not completed such training;
(5) the Chief Information Officer ensures all Department
components, including DARPA, require their users to take
Cyber Awareness Challenge training;
(6) a Department component is directed to monitor the
extent to which practices are implemented to protect the
Department's network from key cyberattack techniques; and
(7) the Chief Information Officer assesses the extent to
which senior leaders of the Department have more complete
information to make risk-based decisions, and revise the
recurring reports (or develop a new report) accordingly,
including information relating to the Department's progress
on implementing--
(A) cybersecurity practices identified in cyber hygiene
initiatives; and
(B) cyber hygiene practices to protect Department networks
from key cyberattack techniques.
(b) Report on Cyber Hygiene and Cybersecurity Maturity
Model Certification Framework.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and the
Comptroller General of the United States a report on the
cyber hygiene practices of the Department of Defense and the
extent to which such practices are effective at protecting
Department missions, information, system and networks. The
report shall include the following:
(A) An assessment of each Department component's compliance
with the requirements and levels identified in the
Cybersecurity Maturity Model Certification framework.
(B) For each Department component that does not achieve the
requirements for ``good cyber hygiene'' as defined in CMMC
Model Version 1.02, a plan for how that component will
implement security measures to bring it into compliance with
good cyber hygiene requirements within one year, and a
strategy for mitigating potential vulnerabilities and
consequences until such requirements are implemented.
(2) Comptroller general review.--Not later than 180 days
after the submission of the report required under paragraph
(1)), the Comptroller General of the United States shall
conduct an independent review of the report and provide a
briefing to the congressional defense committees on the
findings of the review.
Amendment No. 386 offered by Mr. austin scott of georgia
At the end of subtitle B of title VIII, add the following
new section:
SEC. 8__. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE
ENEMY PROGRAM.
(a) In General.--Section 841 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (10 U.S.C. 2302 note) is amended--
(1) in the heading, by striking ``prohibition on providing
funds to the enemy'' and inserting ``threat mitigation in
commercial support to operations'';
(2) in subsection (a)--
(A) in the heading, by striking ``Identification of Persons
and Entities'' and inserting ``Program'';
(B) in the matter preceding paragraph (1), by striking
``establish in each covered combatant command a program to
identify persons and entities within the area of
responsibility of such command that--'' and inserting the
following: ``establish a program to mitigate threats posed by
vendors supporting operations. The program shall use
available intelligence, security, and law enforcement
information to identify persons and entities that--'';
(C) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(D) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following new paragraphs:
``(3) directly or indirectly support a covered person or
entity or otherwise pose a force protection risk to personnel
of the United States or coalition forces; or
``(4) pose an unacceptable national security risk.'';
(3) by striking subsection (g);
(4) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively;
(5) in subsection (g)(1), as so redesignated, by striking
``may be providing'' and all that follows through ``or
entity'' and inserting ``have been identified under the
program established under subsection (a)'';
(6) by amending subsection (h), as so redesignated, to read
as follows:
``(h) Waiver.--The Secretary of Defense or the Secretary of
State, with the concurrence of the other Secretary, in
consultation with the Director of National Intelligence, may
waive any requirement of this section upon determining that
to do so is in the national interest of the United States.'';
(7) by striking subsection (j);
(8) by redesignating subsections (k) and (l) as subsections
(i) and (j), respectively;
(9) in subsection (j), as so redesignated, by striking
``Except as provided in subsection (m), the'' and inserting
``The'';
(10) by striking subsection (m); and
(11) by striking subsection (n).
(b) Authorities to Terminate, Void, and Restrict.--Section
841(c) of such Act is further amended--
(1) in paragraph (1)--
(A) by inserting ``to a person or entity'' after
``concerned''; and
(B) by striking ``the contract'' and all that follows and
inserting ``the person or entity has been identified under
the program established under subsection (a).'';
(2) in paragraph (2), by striking ``has failed'' and all
that follows and inserting ``has been identified under the
program established under subsection (a).''; and
(3) in paragraph (3), by striking ``the contract'' and all
that follows and inserting ``the contractor, or the recipient
of the grant or cooperative agreement, has been identified
under the program established under subsection (a).''.
(c) Contract Clause.--Section 841(d)(2)(B) of such Act is
amended by inserting after ``subsection (c)'' the following:
``and restrict future award to any contractor, or recipient
of a grant or cooperative agreement, that has been identified
under the program established under subsection (a)''.
(d) Disclosure of Information Exception.--Section 841(e) of
such Act is amended by adding at the end the following new
paragraph:
[[Page H5040]]
``(3) To provide that full disclosure of information to the
contractor or recipient of a grant or cooperative agreement
justifying an action taken under subsection (c) need not be
provided when such disclosure would compromise national
security or would pose an unacceptable threat to the
personnel of the United States or coalition forces.''.
(e) Participation of Secretary of State.--Section 841 of
such Act (10 U.S.C. 2302 note) is further amended--
(1) in subsection (a) in the matter preceding paragraph
(1), by striking ``in consultation with''; and
(2) in subsection (f)(1), by striking ``in consultation
with''.
(f) Additional Access to Records.--Section 842 of such Act
(10 U.S.C. 2302 note) is amended--
(1) in subsection (a), by striking paragraph (4);
(2) by striking subsection (b);
(3) by striking subsection (c);
(4) by redesignating paragraphs (1) through (3) of
subsection (a) as subsections (a) through (c), respectively;
(5) by striking ``(a) Contracts, Grants, and Cooperative
Agreements.--'';
(6) in subsection (a), as so redesignated, by striking ``,
except as provided under subsection (c)(1), the clause
described in paragraph (2)'' and inserting ``the clause
described in subsection (b)'';
(7) in subsection (b), as so redesignated--
(A) by striking ``paragraph (3)'' and inserting
``subsection (c)''; and
(B) by striking ``ensure that funds'' and all that follows
and inserting ``support the program established under section
841(a).''; and
(8) in subsection (c), as so redesignated--
(A) by striking ``paragraph (2)'' and inserting
``subsection (b)''; and
(B) by striking ``that funds'' and all that follows and
inserting ``that the examination of such records will support
the program established under section 841(a).''.
(g) Inclusion of All Contracts.--Sections 841 and 842 of
such Act (10 U.S.C. 2302 note) are further amended by
striking ``covered contract'' each place it appears and
inserting ``contract''.
(h) Inclusion of All Combatant Commands.--Sections 841 and
842 of such Act (10 U.S.C. 2302 note) are further amended by
striking ``covered combatant command'' each place it appears
and inserting ``combatant command''.
(i) Delegation Authority of Combatant Commander.--Sections
841 and 842 of such Act (10 U.S.C. 2302 note) are further
amended by striking ``specified deputies'' each place it
appears and inserting ``designee''.
(j) Definition Revisions.--Section 843 of such Act (10
U.S.C. 2302 note) is amended--
(1) by striking paragraphs (2), (3), (4), and (5);
(2) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (2), (3), (4), and (5), respectively; and
(3) by amending paragraph (2), as so redesignated, to read
as follows:
``(2) Covered person or entity.--The term `covered person
or entity' means a person that is--
``(A) engaging in acts of violence against personnel of the
United States or coalition forces;
``(B) providing financing, logistics, training, or
intelligence to a person described in subparagraph (A);
``(C) engaging in foreign intelligence activities against
the United States or against coalition forces;
``(D) engaging in transnational organized crime or criminal
activities; or
``(E) engaging in other activities that present a direct or
indirect risk to the national security of the United States
or coalition forces.''.
Amendment No. 387 offered by Mr. austin scott of georgia
At the end of subtitle G of title X, insert the following:
SEC. 10__. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR
FAMILIES IN QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Technical Amendment.--
(1) In general.--The second section 118a of title 10,
United States Code (relating to the quadrennial quality of
life review) is redesignated as section 118b.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by striking
the item relating to the second section 118a and inserting
the following new item:
``118b. Quadrennial quality of life review.''.
(b) Inclusion in Review.--Subsection (c) of section 118b of
title 10, United States Code, as redesignated under
subsection (a), is amended by adding at the end the following
new paragraph:
``(15) Support services for Gold Star families.''.
amendment no. 388 offered by mr. austin scott of georgia
At the end of subtitle A of title X, insert the following:
SEC. 10__. REVISION OF LIMITATION ON FUNDING FOR COMBATANT
COMMANDS THROUGH COMBATANT COMMANDER INITIATIVE
FUND.
Section 166a(e)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A)--
(A) by striking ``$20,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$250,000'' and inserting ``$300,000'';
(2) in subparagraph (B), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subparagraph (C), by striking ``$5,000,000'' and
inserting ``$10,000,000''.
amendment no. 389 offered by mr. scott of virginia
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT
PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE
ACCESS ROADS.
Chapter 169 of title 10, United States Code, is amended by
inserting after section 2815 the following new section:
``Sec. 2815a. Stormwater management projects for installation
and defense access road resilience and waterway and
ecosystems conservation
``(a) Projects Authorized.--The Secretary concerned may
carry out a stormwater management project on or related to a
military installation for the purpose of--
``(1) improving military installation resilience or the
resilience of a defense access road or other essential
civilian infrastructure supporting the military installation;
and
``(2) protecting nearby waterways and stormwater-stressed
ecosystems.
``(b) Project Methods and Funding Sources.--Using such
amounts as may be provided in advance in appropriation Acts,
the Secretary concerned may carry out a stormwater management
project under this section as, or as part of, any of the
following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction project
under section 2805 of this title, including using
appropriations available for operation and maintenance
subject to the limitation in subsection (c) of such section.
``(3) A military installation resilience project under
section 2815 of this title, including the use of
appropriations available for operations and maintenance
subject to the limitation of subsection (e)(3) of such
section.
``(4) A defense community infrastructure resilience project
under section 2391(d) of this title.
``(5) A construction project under section 2914 of this
title.
``(6) A reserve component facility project under section
18233 of this title.
``(7) A defense access road project under section 210 of
title 23.
``(c) Project Priorities.--In selecting stormwater
management projects to be carried out under this section, the
Secretary concerned shall give a priority to project
proposals involving the retrofitting of buildings and grounds
on a military installation or retrofitting a defense access
road to reduce stormwater runoff.
``(d) Project Activities.--Activities carried out as part
of a stormwater management project under this section may
include, but are not limited to, the following:
``(1) The installation, expansion, or refurbishment of
stormwater ponds and other water-slowing and retention
measures.
``(2) The installation of permeable pavement in lieu of, or
to replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and rain
gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater
management project carried out under this section on or
related to a military installation and any project related to
the same installation carried out under section 2391(d),
2815, or 2914 of this title, the Secretary concerned shall
ensure coordination between the projects regarding the water
access, management, conservation, security, and resilience
aspects of the projects.
``(f) Annual Report.--(1) Not later than 90 days after the
end of each fiscal year, each Secretary concerned shall
submit to the congressional defense committees a report
describing--
``(A) the status of planned and active stormwater
management projects carried out by that Secretary under this
section; and
``(B) all projects completed by the Secretary concerned
during the previous fiscal year.
``(2) Each report shall include the following information
with respect to each stormwater management project described
in the report:
``(A) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation resilience or the
resilience of a defense access road or other essential
civilian infrastructure supporting a military installation;
and
``(ii) protect waterways and stormwater-stressed
ecosystems.
``(C) Such other information as the Secretary concerned
considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road certified
to the Secretary of Transportation as important to the
national defense under the provisions of section 210 of title
23.
``(2) The terms `facility' and `State' have the meanings
given those terms in section 18232 of this title.
``(3) The term `military installation' includes a facility
of a reserve component owned by a State rather than the
United States.
``(4) The term `military installation resilience' has the
meaning given that term in section 101(e)(8) of this title.
``(5) The term `Secretary concerned' means--
[[Page H5041]]
``(A) the Secretary of a military department with respect
to military installations under the jurisdiction of that
Secretary; and
``(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.''.
amendment no. 390 offered by mr. david scott of georgia
In section 2806(a), in the matter to be added as section
2870 of title 10, United States Code, insert after the
semicolon in paragraph (1) of subsection (a) (page 1139, line
11), the following new paragraph (2) (and redesignate the
existing paragraph (2) as paragraph (3)):
(2) ensure, to the greatest extent possible, that each
contractor and subcontractor on such a contract has a plan to
hire, retain, and increase participation of African American
and other nontraditional apprentice populations in military
construction contracts;
amendment no. 391 offered by mr. sherman of california
At the end of subtitle C of title XII, add the following:
SEC. 1229. SUPPORT FOR FORCES IN IRAQ OPERATING IN THE
NINEVEH PLAINS REGION OF IRAQ.
(a) Sense of Congress.--It is the sense of Congress that
the United States should work with the Government of Iraq to
ensure the safe and voluntary return of ethno-religious
minority populations to their home communities in the Nineveh
Plains region of Iraq.
(b) Strategy.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
departments and agencies, shall provide to the appropriate
congressional committees a strategy to assist the Government
of Iraq and relevant local authorities with the safe return
of ethno-religious minorities displaced by violence in the
Nineveh Plains region of Iraq.
(2) Elements.--The strategy required by this subsection
should include the following:
(A) A strategy to support a political and security climate
that allows ethno-religious minorities in the Nineveh Plains
region to safely and voluntarily return to their home
communities as well as to administer and secure their own
areas in cooperation with federal authorities.
(B) An assessment of the impact of the Iraq and Syria
Genocide Relief and Accountability Act of 2018 (Public Law
115-300) on return rates of vulnerable, indigenous, ethno-
religious groups, including Assyrians and Yazidis, in those
areas of the Nineveh Plains region in which funds have been
spent.
(C) A description of the progress of and ability to
integrate minority security forces previously trained by
Combined Joint Task Force-Operation Inherent Resolve (CJTF-
OIR), such as the Nineveh Plain Protection Units, into the
formal and permanent Iraqi state institutions.
(D) A description of the negative impact of Iranian-backed
militias, such as PMF Brigades 30 and 50, on rates of return
to, and ongoing safety of communities within, the Nineveh
Plains region.
amendment no. 392 offered by ms. sherrill of new jersey
At the end of subtitle F of title V, insert the following:
SEC. 559I. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION
ASSISTANCE PROGRAM OF THE DEPARTMENT OF
DEFENSE.
(a) Establishment.--The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
carry out a pilot grant program under which the Secretary of
Defense provides enhanced support and funding to eligible
entities to supplement TAP to provide job opportunities for
industry recognized certifications, job placement assistance,
and related employment services directly to covered
individuals.
(b) Services.--Under the pilot grant program, the Secretary
of Defense shall provide grants to eligible entities to
provide to covered individuals the following services:
(1) Using an industry-validated screening tool, assessments
of prior education, work history, and employment aspirations
of covered individuals, to tailor appropriate and employment
services.
(2) Preparation for civilian employment through services
like mock interviews and salary negotiations, training on
professional networking platforms, and company research.
(3) Several industry-specific learning pathways--
(A) with entry-level, mid-level and senior versions;
(B) in fields such as project management, cybersecurity,
and information technology;
(C) in which each covered individual works with an academic
advisor to choose a career pathway and navigate coursework
during the training process; and
(D) in which each covered individual can earn industry-
recognized credentials and certifications, at no charge to
the covered individual.
(4) Job placement services.
(c) Program Organization and Implementation Model.--The
pilot grant program shall follow existing economic
opportunity program models that combine industry-recognized
certification training, furnished by professionals, with
online learning staff.
(d) Consultation.--In carrying out the program, the
Secretary of Defense shall seek to consult with private
entities to assess the best economic opportunity program
models, including existing economic opportunity models
furnished through public-private partnerships.
(e) Eligibility.--To be eligible to receive a grant under
the pilot grant program, an entity shall--
(1) follow a job training and placement model;
(2) have rigorous program evaluation practices;
(3) have established partnerships with entities (such as
employers, governmental agencies, and non-profit entities) to
provide services described in subsection (b);
(4) have online training capability to reach rural
veterans, reduce costs, and comply with new conditions forced
by COVID-19; and
(5) have a well-developed practice of program measurement
and evaluation that evinces program performance and
efficiency, with data that is high quality and shareable with
partner entities.
(f) Coordination With Federal Entities.--A grantee shall
coordinate with Federal entities, including--
(1) the Office of Transition and Economic Development of
the Department of Veterans Affairs; and
(2) the Office of Veteran Employment and Transition
Services of the Department of Labor.
(g) Metrics and Evaluation.--Performance outcomes shall be
verifiable using a third-party auditing method and include
the following:
(1) The number of covered individuals who receive and
complete skills training.
(2) The number of covered individuals who secure
employment.
(3) The retention rate for covered individuals described in
paragraph (2).
(4) Median salary of covered individuals described in
paragraph (2).
(h) Site Locations.--The Secretary of Defense shall select
five military installations in the United States where
existing models are successful.
(i) Assessment of Possible Expansion.--A grantee shall
assess the feasibility of expanding the current offering of
virtual training and career placement services to members of
the reserve components of the Armed Forces and covered
individuals outside the United States.
(j) Duration.--The pilot grant program shall terminate on
September 30, 2025.
(k) Report.--Not later than 180 days after the termination
of the pilot grant program, the Secretary of Defense shall
submit to the congressional defense committees a report that
includes--
(1) a description of the pilot grant program, including a
description of specific activities carried out under this
section; and
(2) the metrics and evaluations used to assess the
effectiveness of the pilot grant program.
(l) Definitions.--In this section:
(1) The term ``covered individual'' means--
(A) a member of the Armed Forces participating in TAP; or
(B) a spouse of a member described in subparagraph (A).
(2) The term ``military installation'' has the meaning
given such term in section 2801 of title 10, United States
Code.
(3) The term ``TAP'' means the transition assistance
program of the Department of Defense under sections 1142 and
1144 of title 10, United States Code.
amendment no. 393 offered by ms. slotkin of michigan
Add at the end of subtitle D of title XV of division A the
following:
SEC. 15__. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220A. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section
as the `Exercise Program') to evaluate the National Cyber
Incident Response Plan, and other related plans and
strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments, including credible
threats, vulnerabilities, and consequences;
``(ii) designed, to the extent practicable, to simulate the
partial or complete incapacitation of a government or
critical infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the systematic evaluation
of cyber readiness and enhance operational understanding of
the cyber incident response system and relevant information
sharing agreements; and
``(iv) designed to promptly develop after-action reports
and plans that can quickly incorporate lessons learned into
future operations.
``(B) Model exercise selection.--The Exercise Program
shall--
``(i) include a selection of model exercises that
government and private entities can readily adapt for use;
and
``(ii) aid such governments and private entities with the
design, implementation, and evaluation of exercises that--
``(I) conform to the requirements described in subparagraph
(A);
[[Page H5042]]
``(II) are consistent with any applicable national, State,
local, or Tribal strategy or plan; and
``(III) provide for systematic evaluation of readiness.
``(3) Consultation.--In carrying out the Exercise Program,
the Director may consult with appropriate representatives
from Sector Risk Management Agencies, the Office of the
National Cyber Director, cybersecurity research stakeholders,
and Sector Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).''.
(b) Title XXII Technical and Clerical Amendments.--
(1) Technical amendments.--
(A) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(i) in the first section 2215 (6 U.S.C. 665; relating to
the duties and authorities relating to .gov internet domain),
by amending the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(ii) in the second section 2215 (6 U.S.C. 665b; relating to
the joint cyber planning office), by amending the section
enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(iii) in the third section 2215 (6 U.S.C. 665c; relating to
the Cybersecurity State Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(iv) in the fourth section 2215 (6 U.S.C. 665d; relating to
Sector Risk Management Agencies), by amending the section
enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(v) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(vi) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING
PROGRAMS.''.
(B) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.
``Sec. 2220A. National Cyber Exercise Program.''.
amendment no. 394 offered by ms. slotkin of michigan
Add at the end of title LX of division E the following:
SEC. ____. SUPPORT FOR AFGHAN SPECIAL IMMIGRANT VISA AND
REFUGEE APPLICANTS .
(a) Sense of Congress.--It is the sense of Congress that
the United States should increase support for nationals of
Afghanistan who aided the United States mission in
Afghanistan during the past twenty years and are now under
threat from the Taliban, specifically special immigrant visa
applicants who are nationals of Afghanistan and referrals of
nationals of Afghanistan to the United States Refugee
Admissions Program, including through the Priority 2
Designation for nationals of Afghanistan, who remain in
Afghanistan or are in third countries.
(b) Requirements.--The Secretary of State, in coordination
with the Secretary of Homeland Security and the heads of
other relevant Federal departments and agencies, shall--
(1) prioritize for evacuation from Afghanistan bona fide
special immigrant visa applicants who are nationals of
Afghanistan and referrals of nationals of Afghanistan to the
United States Refugee Admissions Program, including through
the Priority 2 Designation for nationals of Afghanistan;
(2) facilitate the rapid departure of such individuals from
Afghanistan by air charter and land passage;
(3) provide letters of support, diplomatic notes and other
documentation, as appropriate, to ease transit of such
individuals;
(4) engage governments of relevant countries to better
facilitate evacuation;
(5) disseminate frequent updates to such individuals and
relevant nongovernmental organizations;
(6) identify or establish sufficient locations outside of
Afghanistan that will accept such individuals during
application processing; and
(7) further surge capacity to better support such
individuals and reduce their application processing times,
while ensuring strict and necessary security vetting,
including, to the extent practicable, enabling refugee
referrals to initiate application processes while still in
Afghanistan.
(c) Strategy and Reporting.--The Secretary of State, in
coordination with the Secretary of Homeland Security and the
heads of other relevant Federal departments and agencies,
shall submit to the committees on Foreign Affairs, Judiciary,
Homeland Security, and Armed Services of the House of
Representatives and the committees on Foreign Relations,
Judiciary, Homeland Security and Governmental Affairs, and
Armed Services of the Senate the following:
(1) Not later than 60 days after the date of the enactment
of this Act, a strategy, with a classified annex if
necessary, to safely process nationals of Afghanistan abroad
who have pending special immigrant visa applications and
refugee referrals, which strategy shall include steps by the
United States Government to carry out each of paragraphs (1)
through (7) of subsection (b).
(2) Not later than 60 days after the date of the enactment
of this Act, and every month thereafter until December 31,
2022, a report, with a classified annex if necessary, that
includes the following:
(A) The number of nationals of Afghanistan--
(i) referred to the United States Refugee Admissions
Program through Priority 1 and Priority 2 referrals,
including whether such individuals remain in Afghanistan or
outside Afghanistan, and the number of refugee applications
for such individuals that are approved, denied, and pending;
and
(ii) who have pending special immigrant visa applications
who remain in Afghanistan or in a third country,
disaggregated by the special immigrant visa processing steps
completed with respect to such individuals.
(B) Steps taken to implement each element of the strategy
described in paragraph (1).
Amendment No. 395 offered by Mr. smith of washington
At the end of subtitle B of title XII, add the following:
SEC. 12_. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES
ARMED FORCES SERVICEMEMBERS IN AFGHANISTAN.
It is the sense of Congress that--
(1) the servicemembers of the United States Armed Forces
who served in Afghanistan represent the very best of the
United States;
(2) the service of those who returned home from war with
wounds seen and unseen, those who died in defense of the
Nation, and those who ultimately lost their lives to suicide
are not forgotten; and
(3) the United States honors these brave members of the
Armed Forces and their families and shall never forget the
services they rendered and the sacrifices they and their
families made in the defense of a grateful Nation.
Amendment No. 396 offered by Mr. smith of new jersey
At the end of title LX, add the following new section:
SEC. 60__. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS
AND INSECTS.
(a) Review.--The Comptroller General of the United States
shall conduct a review of whether the Department of Defense
experimented with ticks, other insects, airborne releases of
tick-borne bacteria, viruses, pathogens, or any other tick-
borne agents regarding use as a biological weapon between the
years of 1950 and 1977.
(b) Report.--If the Comptroller General of the United
States finds that any experiment described under subsection
(a) occurred, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on--
(1) the scope of such experiment; and
(2) whether any ticks, insects, or other vector-borne
agents used in such experiment were released outside of any
laboratory by accident or experiment design.
Amendment No. 397 offered by Mr. soto of florida
Page 885, after line 14, insert the following (and
redesignate the subsequent paragraph accordingly):
(2) Report on plan.--Not later than one year after the date
on which the Secretary begins to implement the plan developed
under subsection (a), the Secretary shall submit to the
congressional defense committees a report on the results of
such plan.
Amendment No. 398 offered by Mr. soto of florida
Page 119, line 8, after ``resources'', insert ``, or
related technologies such as advanced battery storage
capacity,''.
Amendment No. 399 offered by Mr. soto of florida
Page 1348, line 5, insert ``distributed ledger
technologies;'' after ``intelligence;''.
[[Page H5043]]
Amendment No. 400 offered by Mr. soto of florida
Page 717, line 21, insert ``(such as distributed ledger or
cryptographic technologies)'' before the semicolon.
Amendment No. 401 offered by Mr. soto of florida
Page 871, line 22, insert ``and distributed ledger-based''
after ``cloud based''.
Amendment No. 402 offered by Mr. soto of florida
Page 582, line 7, insert ``distributed ledger
technologies,'' after the comma.
Amendment No. 403 offered by Mr. soto of florida
Page 450, line 5, strike ``paragraphs (6) through (8)'' and
insert ``paragraphs (7) through (9)''.
Page 450, line 8, strike ``new paragraph''.
Page 450, after line 14, insert the following:
``(6) Plans to increase the number of minority cadets and
midshipmen at the military service academies and members of
the Senior Reserve Officer's Training Corps.''.
Amendment No. 404 offered by Ms. spanberger of virginia
At the end of subtitle G of title X, insert the following:
SEC. __. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States should annually observe Atomic
Veterans Day to recognize American military service members
who participated in nuclear tests between 1945 and 1962,
served with United States military forces in or around
Hiroshima and Nagasaki through mid-1946, or were held as
prisoners of war in or near Hiroshima or Nagasaki;
(2) the people of the United States should recognize and
remember the contributions of America's Atomic Veterans for
their sacrifice and dedication to our Nation's security, and
recommit themselves to supporting our Atomic Veterans and
educating themselves on the role these patriots played in our
national story; and
(3) President Reagan and President Biden took important
steps to recognize Atomic Veterans by proclaiming July 16,
1983, and July 16, 2021, respectively, as National Atomic
Veterans Day, reflective of the fact that July 16 is the
anniversary of Trinity, the world's first detonation of a
nuclear device in Alamogordo, New Mexico on July 16, 1945.
(b) National Atomic Veterans Day.--Chapter 1 of title 36,
United States Code, is amended by adding at the end the
following new section:
``Sec. 146. National Atomic Veterans Day
``The President shall issue each year a proclamation
calling on the people of the United States to--
``(1) observe such Atomic Veterans Day with appropriate
ceremonies and activities; and
``(2) remember and honor our Nation's Atomic Veterans whose
brave service and sacrifice played an important role in the
defense of our Nation.''.
(c) Clerical Amendment.--The analysis for chapter 1 of
title 36, United States Code, is amended by adding at the end
the following new item:
``146. National Atomic Veterans Day.''.
Amendment No. 405 offered by Ms. spanberger of virginia
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. REPORT ON OPEN RADIO ACCESS NETWORKS TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation the Secretary of Commerce, shall submit to the
appropriate congressional committees a report on the national
security implications of open radio access networks (Open RAN
or O-RAN) technology that--
(1) provides information on the Department of State's
diplomatic efforts to ensure United States leadership in
international standard setting bodies for Open RAN
technology;
(2) describes the involvement of China headquartered
companies in Open RAN standards setting bodies such as the O-
RAN Alliance;
(3) reviews the national security risks posed by the
presence of entities included on the Bureau of Industry and
Security's ``Entity List'' in the O-RAN Alliance;
(4) determines whether entities that do business in the
United States can participate in the O-Ran Alliance under
existing sanctions and export control laws;
(5) analyzes whether United States national security is
affected by the limited number of telecommunications
equipment vendors, and examines whether the advent and
deployment of Open RAN technology could affect such;
(6) outlines how the United States can work with allies,
partners, and other countries to ensure that Open RAN
technology maintains the highest security and privacy
standards; and
(7) identifies steps the United States can take to assert
leadership in Open RAN technology.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Commerce, Science, and Transportation
of the Senate.
Amendment No. 406 offered by ms. spanberger of virginia
At the end of subtitle G of title X insert the following:
SEC. 10__. ANOMALOUS HEALTH INCIDENTS INTERAGENCY
COORDINATOR.
(a) Findings.--Congress finds the following:
(1) Since at least 2016, United States Government personnel
and their family members have reported anomalous health
incidents at diplomatic missions across the world and in the
United States, which are sometimes referred to as ``Havana
Syndrome''.
(2) Some of the anomalous health incidents have resulted in
unexplained brain injuries, which have had permanent, life-
altering effects that have disrupted lives and ended careers.
(3) A panel of experts convened by the Bureau of Medical
Services of the Department of State in July 2017 to review
triage assessments of medically evaluated personnel from the
United States Embassy in Havana came to a consensus that the
findings were most likely related to neurotrauma from a
nonnatural source.
(4) A 2020 report by the National Academy of Sciences found
that ``many of the distinctive and acute signs, symptoms, and
observations reported by [affected] employees are consistent
with the effects of directed, pulsed radio frequency (RF)
energy'' and that ``directed pulsed RF energy [...] appears
to be the most plausible mechanism in explaining these
cases''.
(5) According to the National Academy of Sciences report,
``such a scenario raises grave concerns about a world with
disinhibited malevolent actors and new tools for causing harm
to others''.
(6) The number and locations of these suspected attacks
have expanded and, according to press reporting, there have
been more than 130 possible cases that have been reported by
United States personnel in Asia, in Europe, and in the
Western Hemisphere, including within the United States.
(7) The continuing and expanding scope of these suspected
attacks is impacting the security and morale of United States
personnel, especially those posted overseas.
(8) The Convention on the Prevention and Punishment of
Crimes against Internationally Protected Persons (including
diplomatic agents) to which 180 countries are a party,
protects diplomatic personnel from attacks on their persons,
accommodations, or means of transport, and requires all state
parties to punish and take measures to prevent such grave
crimes.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the threat to United States Government personnel from
suspected attacks presenting as anomalous health incidents is
a matter of urgent concern and deserving of the full
attention of government;
(2) personnel, dependents, and other appropriate
individuals suffering anomalous health incidents from these
suspected attacks deserve equitable, accessible, and high-
quality medical assessment and care, regardless of their
employing Government agency;
(3) diagnoses and determinations to treat personnel,
dependents, and other appropriate individuals experiencing
symptoms consistent with such injuries should be made by
experienced medical professionals and made available by the
Federal Government;
(4) any recriminations, retaliation, or punishment
associated with personnel self-reporting symptoms is
unacceptable and should be investigated by internal agency
oversight mechanisms;
(5) information sharing and interagency coordination is
essential for the comprehensive investigation, attribution,
and mitigation of these injuries;
(6) the Administration should provide Congress and the
public with timely and regular unclassified updates on the
threat posed to United States Government personnel by the
suspected causes of these injuries;
(7) recent efforts by the Administration and among relevant
agencies represent positive steps toward responding to the
threat of anomalous health incidents, but more comprehensive
measures must be taken to further assist victims, investigate
and determine the cause of the injuries of such victims, and
prevent future incidents;
(8) establishing the source and cause of these anomalous
health incidents must be a top priority for the United States
Government and requires the full coordination of relevant
agencies;
(9) if investigations determine that the anomalous health
incidents are the result of deliberate acts by individuals,
entities, or foreign countries, the United States Government
should recognize and respond to these incidents as hostile
attacks; and
(10) any actors found to have been targeting United States
Government personnel should be publicly identified, as
appropriate, and held accountable.
(c) Statement of Policy.--It is the policy of the United
States--
(1) to detect, deter, and punish any clandestine attacks
that cause persistent injuries to United States personnel;
(2) to provide appropriate assistance to United States
personnel harmed by such attacks;
(3) to hold responsible any persons, entities, or
governments involved in ordering or
[[Page H5044]]
carrying out such attacks, including through appropriate
sanctions, criminal prosecutions, or other tools;
(4) to prioritize research into effective countermeasures
to help protect United States personnel from such attacks;
and
(5) to convey to foreign governments through official
contact at the highest levels the gravity of United States
concern about such suspected attacks and the seriousness of
consequences that may follow for any actors found to be
involved.
(d) Anomalous Health Incidents Interagency Coordinator.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this section, the President shall
designate--
(A) an appropriate senior official to be known as the
Anomalous Health Incidents Interagency Coordinator; and
(B) an appropriate senior official in the White House
Office of Science and Technology Policy to be known as the
Deputy Anomalous Health Incidents Interagency Coordinator.
(2) Duties.--The Interagency Coordinator shall work through
the President's designated National Security process--
(A) to coordinate the response of the United States
Government to anomalous health incidents;
(B) to coordinate among relevant agencies to ensure
equitable and timely access to assessment and care for
affected personnel, dependents, and other appropriate
individuals;
(C) to ensure adequate training and education for United
States Government personnel;
(D) to ensure that information regarding anomalous health
incidents is efficiently shared across relevant agencies in a
manner that provides appropriate protections for classified,
sensitive, and personal information;
(E) to coordinate through the White House Office of Science
and Technology Policy, and across the science and technology
enterprise of the Government, the technological and research
efforts of the Government to address suspected attacks
presenting as anomalous health incidents; and
(F) to develop policy options to prevent, mitigate, and
deter suspected attacks presenting as anomalous health
incidents.
(3) Designation of agency coordination leads.--
(A) In general.--The head of each relevant agency shall
designate a Senate-confirmed or other appropriate senior
official, who shall--
(i) serve as the Anomalous Health Incident Agency
Coordination Lead for the relevant agency;
(ii) report directly to the head of the relevant agency
regarding activities carried out under this section;
(iii) perform functions specific to the relevant agency,
consistent with the directives of the Interagency Coordinator
and the established interagency process;
(iv) participate in interagency briefings to Congress
regarding the response of the United States Government to
anomalous health incidents; and
(v) represent the relevant agency in meetings convened by
the Interagency Coordinator.
(B) Delegation prohibited.--An Agency Coordination Lead may
not delegate the responsibilities described in clauses (i)
through (iii) of subparagraph (A).
(4) Secure reporting mechanisms.--Not later than 90 days
after the date of the enactment of this section, the
Interagency Coordinator shall--
(A) ensure that each relevant agency develops a process to
provide a secure mechanism for personnel, their dependents,
and other appropriate individuals to self-report any
suspected exposure that could be an anomalous health
incident;
(B) ensure that each relevant agency shares all relevant
data in a timely manner with the Office of the Director of
National Intelligence, and other relevant agencies, through
existing processes coordinated by the Interagency
Coordinator; and
(C) in establishing the mechanism described in subparagraph
(A), prioritize secure information collection and handling
processes to protect classified, sensitive, and personal
information.
(5) Briefings.--
(A) In general.--Not later than 60 days after the date of
the enactment of this section, and quarterly thereafter for
the following two years, the Interagency Coordinator, the
Deputy Coordinator, and the Agency Coordination Leads shall
jointly provide a briefing to the appropriate national
security committees regarding progress in carrying out the
duties under paragraph (2), including the requirements under
subparagraph (B).
(B) Elements.--The briefings required under subparagraph
(A) shall include--
(i) an update on the investigation into anomalous health
incidents impacting United States Government personnel and
their family members, including technical causation and
suspected perpetrators;
(ii) an update on new or persistent incidents;
(iii) threat prevention and mitigation efforts to include
personnel training;
(iv) changes to operating posture due to anomalous health
threats;
(v) an update on diagnosis and treatment efforts for
affected individuals, including patient numbers and wait
times to access care;
(vi) efforts to improve and encourage reporting of
incidents;
(vii) detailed roles and responsibilities of Agency
Coordination Leads;
(viii) information regarding additional authorities or
resources needed to support the interagency response; and
(ix) other matters that the Interagency Coordinator or the
Agency Coordination Leads consider appropriate.
(C) Unclassified briefing summary.--The Agency Coordination
Leads shall provide a coordinated, unclassified summary of
the briefings to Congress, which shall include as much
information as practicable without revealing classified
information or information that is likely to identify an
individual.
(6) Retention of authority.--The appointment of the
Interagency Coordinator shall not deprive any Federal agency
of any authority to independently perform its authorized
functions.
(7) Rule of construction.--Nothing in this section may be
construed to limit--
(A) the President's authority under article II of the
United States Constitution; or
(B) the provision of health care and benefits to afflicted
individuals, consistent with existing laws.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State $5,000,000 for
fiscal year 2022 to be used--
(1) to increase capacity and staffing for the Health
Incident Response Task Force of the Department of State;
(2) to support the development and implementation of
efforts by the Department of State to prevent and mitigate
anomalous health incidents affecting its workforce;
(3) to investigate and characterize the cause of anomalous
health incidents, including investigations of causation and
attribution;
(4) to collect and analyze data related to anomalous health
incidents;
(5) to coordinate with other relevant agencies and the
National Security Council regarding anomalous health
incidents; and
(6) to support other activities to understand, prevent,
deter, and respond to suspected attacks presenting as
anomalous health incidents, at the discretion of the
Secretary of State.
(f) Development and Dissemination of Workforce Guidance.--
The President shall direct relevant agencies to develop and
disseminate to employees who are at risk of exposure to
anomalous health incidents, not later than 90 days after the
date of the enactment of this section, updated workforce
guidance to report, mitigate, and address suspected attacks
presenting as anomalous health incidents.
(g) Definitions.--In this section:
(1) The term ``Agency Coordination Lead'' means a senior
official designated by the head of a relevant agency to serve
as the Anomalous Health Incident Agency Coordination Lead for
such agency.
(2) The term ``appropriate national security committees''
means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence of the
House of Representatives;
(I) the Committee on Homeland Security of the House of
Representatives; and
(J) the Committee on the Judiciary of the House of
Representatives.
(3) The term ``Deputy Coordinator'' means the Deputy
Anomalous Health Incidents Interagency Coordinator in the
White House Office of Science and Technology Policy
designated pursuant to subsection (d)(1).
(4) The term ``Interagency Coordinator'' means the
Anomalous Health Incidents Interagency Coordinator designated
pursuant to subsection (d)(1).
(5) The term ``relevant agencies'' means--
(A) the Department of Defense;
(B) the Department of State;
(C) the Office of the Director of National Intelligence;
(D) the Central Intelligence Agency;
(E) the Department of Justice;
(F) the Department of Homeland Security; and
(G) other agencies and bodies designated by the Interagency
Coordinator.
Amendment No. 407 offered by Ms. speier of california
At the end of subtitle B of title VIII, add the following
new section:
SEC. 8__. CONTRACTOR LOBBYING RESTRICTION COMPLIANCE
REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
promulgate regulations requiring each offeror that submits a
bid or proposal in response to a solicitation issued by the
Department of Defense to include in such bid or proposal a
representation that all covered individuals receiving
compensation from such offeror are in compliance with the
requirements of section 1045 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1555; 10 U.S.C. 971 note prec.).
(b) Covered Individuals Defined.--The term ``covered
individual'' means an individual described in subsection
(a)(2) or (b)(2)
[[Page H5045]]
of section 1045 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1555; 10
U.S.C. 971 note prec.).
Amendment No. 408 offered by Ms. speier of california
Add at the end of title LX the following new section:
SEC. ____. INCREASE IN LENGTH OF POST-EMPLOYMENT BAN ON
LOBBYING BY CERTAIN FORMER SENIOR EXECUTIVE
BRANCH PERSONNEL.
(a) Increase in Length of Ban.--Section 207(c) of title 18,
United States Code, is amended--
(1) in the heading, by striking ``One-year'' and inserting
``Two-year''; and
(2) in paragraph (1), by striking ``within 1 year after the
termination'' and inserting ``within 2 years after the
termination''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to any individual who, on or after
the date of the enactment of this Act, leaves a position to
which subsection (c) of section 207 of title 18, United
States Code, applies.
Amendment No. 409 offered by Ms. speier of california
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. PLAN FOR DEVELOPMENT AND MANAGEMENT OF THE GENDER
ADVISOR WORKFORCE.
(a) Plan Required.--The Secretary of Defense shall develop
and implement a plan to institutionalize the gender advisor
workforce of the Department of Defense responsible for
supporting the implementation of the Women, Peace, and
Security Act of 2017 (Public Law 115-68; 131 Stat. 1202).
(b) Elements.--The plan under subsection (a) shall include:
(1) Plans for the development and management of the gender
advisor workforce, including plans for the training,
certification, assignments, and career development of the
personnel of such workforce.
(2) The actions the Secretary of Defense will carry out to
elevate, develop, define, and standardize the gender advisor
workforce in accordance with recommendation 3.4(a) of the
report of the Independent Review Commission on Sexual Assault
in the Military titled ``Hard Truths and the Duty to Change:
Recommendations from the Independent Review Commission on
Sexual Assault in the Military'' and dated July 2, 2021.
(3) Development of or modifications to guidance, policy,
professional military education, and doctrine to define and
standardize the gender advisor program with a focus on
incorporating the principles outlined in the plan of the
Department of Defense titled ``Women, Peace, and Security
Strategic Framework and Implementation Plan'' and dated June
2020, or any successor plan.
(4) Identification of training and education requirements
for members of the Armed Forces and civilian employees of the
Department of Defense, including general and flag officers
and members of the senior executive service, on the role of
the gender advisor workforce and the principles outlined in
plan referred to in paragraph (3), or any successor plan.
(5) The funds, resources, and authorities needed to
establish and develop the gender advisor role into a full-
time, billeted, and resourced position across organizations
within the Department of Defense, including the military
departments, the Armed Forces, the combatant commands,
Defense Agencies, and Department of Defense Field Activities.
(6) Developing and standardizing position descriptions of
the gender advisor workforce, including gender advisors and
gender focal points, across organizations within the
Department, including the military departments, the Armed
Forces, the combatant commands, Defense Agencies, and
Department of Defense Field Activities.
(7) An assessment and review of the Department's existing
training programs for gender advisors and gender focal
points.
(8) Actions to adapt gender analysis (as defined in section
3 of the Women's Entrepreneurship and Economic Empowerment
Act (Public Law 115-428; 22 U.S.C. 2151-2)) to fit the needs
of the Department of Defense and to incorporate such analysis
into the work of gender advisors and other personnel
identified as part of the gender advisor workforce.
(9) The actions the Secretary will carry out to incorporate
the total amount of expenditures and proposed appropriations
necessary to support the program, projects, and activities of
the gender advisor workforce into the future years defense
program, as submitted to Congress under section 221 of title
10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report
detailing the plan developed under subsection (a) and the
Secretary's progress in implementing such plan.
(d) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the appropriate congressional committees a
briefing on the report under subsection (c) detailing the
plan developed under subsection (a) and the Secretary's
progress in implementing such plan.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Amendment No. 410 offered by Ms. speier of california
At the end of subtitle A of title VII, add the following
new section:
SEC. 7__. AVAILABILITY OF CERTAIN PRECONCEPTION AND PRENATAL
CARRIER SCREENING TESTS UNDER THE TRICARE
PROGRAM.
(a) Tests Available.--Section 1079(a) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(18) Preconception and prenatal carrier screening tests
shall be provided to covered beneficiaries upon the request
of the beneficiary, with a limit per beneficiary of one test
per condition per lifetime, for the following conditions:
``(A) Cystic Fibrosis.
``(B) Spinal Muscular Atrophy.
``(C) Fragile X Syndrome.
``(D) Tay-Sachs Disease.
``(E) Hemoglobinopathies.
``(F) Conditions linked with Ashkenazi Jewish descent.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a report
identifying the number of beneficiaries under the TRICARE
program who have received a screening test under section
1079(a)(18) of title 10, United States Code, as added by
subsection (a), disaggregated by type of beneficiary and
whether the test was provided under the direct care or
purchased care component of the TRICARE program.
(2) TRICARE program defined.--In this subsection, the term
``TRICARE program'' has the meaning given such term in
section 1072 of title 10, United States Code.
Amendment No. 411 offered by Ms. speier of california
Add at the end of title LX of division E the following:
SEC. ____. AFGHAN REFUGEES OF SPECIAL HUMANITARIAN CONCERN.
(a) In General.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate as
Priority 2 refugees of special humanitarian concern the
following individuals:
(1) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless persons;
(C) have suffered persecution or have a well-founded fear
of persecution; and
(D) share common occupational characteristics that identify
them as targets of persecution in Afghanistan on account of
race, religion, nationality, membership in a particular
social group, or political opinion, as determined by the
Secretary of State, including the following:
(i) Civil servants.
(ii) Public officials and government personnel, including
members of the peace negotiation team.
(iii) Democracy and human rights defenders.
(iv) Women's rights defenders.
(v) Journalists and media personnel.
(vi) Legal professionals.
(2) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless persons; and
(C) were employed in Afghanistan for an aggregate period of
not less than 1 year by--
(i) a media or nongovernmental organization based in the
United States; or
(ii) an organization or entity that has received a grant
from, or entered into a cooperative agreement or contract
with, the United States Government.
(3) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless persons; and
(C) are beneficiaries of an approved I-130 Petition for
Alien Relative.
(b) Processing of Afghan Refugees.--The processing of
individuals who are or were habitual residents of
Afghanistan, are nationals of Afghanistan or stateless
persons, and have suffered persecution, or have a well-
founded fear of persecution, for classification as refugees
may occur in Afghanistan or in a third country.
(c) Eligibility for Admission as a Refugee.--An alien may
not be denied the opportunity to apply for admission as a
refugee under this section solely because such alien
qualifies as an immediate relative of a national of the
United States or is eligible for admission to the United
States under any other immigrant classification.
(d) Identification of Other Persecuted Groups.--The
Secretary of State, or the designee of the Secretary, is
authorized to classify other groups of individuals who are or
were nationals and residents of Afghanistan as Priority 2
refugees of special humanitarian concern.
(e) Satisfaction of Other Requirements.--Aliens designated
as Priority 2 refugees of special humanitarian concern under
this section shall be deemed to satisfy the requirements
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) for admission to the United States.
[[Page H5046]]
(f) Timeline for Processing Applications.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security shall ensure that all steps under the
control of the United States Government incidental to the
approval of such applications, including required screenings
and background checks, are completed not later than 6 months
after the date on which an eligible applicant submits an
application under subsection (a).
(2) Exception.--Notwithstanding paragraph (1), the United
States Refugee Admission Program may take additional time to
process applications described in paragraph (1) if
satisfaction of national security concerns requires such
additional time, if the Secretary of Homeland Security, or
the designee of the Secretary, has determined that the
applicant meets the requirements for status as a refugee of
special humanitarian concern under this section and has so
notified the applicant.
(g) Additional Forms of Immigration Relief.--The Secretary
of State shall consider additional forms of immigration
relief available to Afghans and coordinate with embassies,
nongovernmental organizations, and the United Nations High
Commissioner for Refugees to receive referrals for
individuals who--
(1) are or were habitual residents of Afghanistan;
(2) are nationals of Afghanistan or stateless persons; and
(3) are described in subsection (a) or otherwise face
humanitarian concerns.
(h) Issuance of Travel Documents.--Each officer or employee
of the Federal Government whose official duties include
issuing travel documentation, diplomatic notes, letters of
support, or other relevant materials for individuals
described in subsection (a) or for nationals of Afghanistan
who are applying for special immigrant visas or any other
humanitarian relief under the immigration laws, shall carry
out such duties as expeditiously as possible, and shall
prioritize facilitating the evacuation of such individuals.
(i) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of Homeland Security,
should establish a special humanitarian parole program that--
(A) is for individuals described in subsection (a) and for
nationals of Afghanistan who are applying for special
immigrant visas or any other humanitarian relief under the
immigration laws, who are human rights defenders, democracy
workers, women's rights activists, women politicians,
journalists, or other highly visible women leaders; and
(B) prioritizes providing assistance for women; and
(2) women's organizations in Afghanistan should be included
as recipients of any Federal funding for assistance in
Afghanistan, such as for food, water, and shelter, as such
organizations serve as trusted resources for vulnerable
Afghan women seeking such assistance, most often as they are
fleeing direct violence and threats on their lives.
Amendment No. 412 offered by Mr. stauber of minnesota
Add at the end of subtitle E of title VIII the following
new section:
SEC. 8__. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF
BUSINESS CONCERNS.
Section 5(i) of the Small Business Act (15 U.S.C. 634(i))
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Determinations regarding status of concerns.--
``(A) In general.--Not later than 2 days after the date on
which a final determination that a business concern does not
meet the requirements of the status such concern claims to
hold is made, such concern or the Administrator, as
applicable, shall update the status of such concern in the
System for Award Management (or any successor system).
``(B) Administrator updates.--If such concern fails to
update the status of such concern as described in
subparagraph (A), not later than 2 days after such failure
the Administrator shall make such update.
``(C) Notification.--A concern required to make an update
described under subparagraph (A) shall notify any contracting
officers for which such concern has an offer pending on a
contract, of the determination made under subparagraph (A),
if the concern, in good faith, finds that such determination
impacts the eligibility of the concern to perform such a
contract.''.
Amendment No. 413 offered by Mr. stauber of minnesota
At the end of subtitle B of title X, insert the following:
SEC. __. AWARD OF CONTRACTS FOR SHIP REPAIR WORK TO NON-
HOMEPORT SHIPYARDS TO MEET SURGE CAPACITY.
Section 8669a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) In order to meet surge capacity, the Secretary of the
Navy may solicit proposals from, and award contracts for ship
repair to, non-homeport shipyards that otherwise meet the
requirements of the Navy for ship repair work.''.
amendment no. 414 offered by ms. stefanik of new york
At the end of subtitle __ of title LX, insert the following
new section:
SEC. 60__. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC AND
SECURITY IMPLICATIONS OF QUANTUM INFORMATION
SCIENCE.
(a) Establishment.--Title I of the National Quantum
Initiative Act (15 U.S.C. 8811 note et al.) is amended--
(1) by redesignating section 105 as section 106; and
(2) by inserting after section 104 the following new
section:
``SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
``(a) Establishment.--The President shall establish,
through the National Science and Technology Council, the
Subcommittee on the Economic and Security Implications of
Quantum Information Science.
``(b) Membership.--The Subcommittee shall include a
representative of--
``(1) the Department of Energy;
``(2) the Department of Defense;
``(3) the Department of Commerce;
``(4) the Department of Homeland Security;
``(5) the Office of the Director of National Intelligence;
``(6) the Office of Management and Budget;
``(7) the Office of Science and Technology Policy;
``(8) the Federal Bureau of Investigation;
``(9) the National Science Foundation; and
``(10) such other Federal department or agency as the
President considers appropriate.
``(c) Chairpersons.--The Subcommittee shall be jointly
chaired by the Secretary of Defense, the Secretary of Energy,
the Director of National Intelligence, and the Director of
the Office of Science and Technology Policy.
``(d) Responsibilities.--The Subcommittee shall--
``(1) in coordination with the Director of the Office and
Management and Budget and the Director of the National
Quantum Coordination Office, track investments of the Federal
Government in quantum information science research and
development;
``(2) review and assess any economic or security
implications of such investments;
``(3) review and assess any counterintelligence risks or
other foreign threats to such investments;
``(4) establish goals and priorities of the Federal
Government and make recommendations to Federal departments
and agencies and the Director of the National Quantum
Coordination Office to address any counterintelligence risks
or other foreign threats identified as a result of an
assessment under paragraph (3);
``(5) assess the export of technology associated with
quantum information science and recommend to the Secretaries
of Commerce, Defense, and State export controls necessary to
protect the economic and security interests of the United
States as a result of such assessment;
``(6) recommend to Federal departments and agencies
investment strategies in quantum information science that
advance the economic and security interest of the United
States;
``(7) recommend to the Director of National Intelligence,
the Secretary of Defense, and the Secretary of Energy,
appropriate protections to address counterintelligence risks
or other foreign threats identified as a result of the
assessment under paragraph (3); and
``(8) in coordination with the Subcommittee on Quantum
Information Science, ensure the approach of the United States
to investments of the Federal Government in quantum
information science research and development reflects a
balance between scientific progress and the potential
economic and security implications of such progress.
``(e) Technical and Administrative Support.--
``(1) In general.--The Secretary of Defense, the Secretary
of Energy, the Director of National Intelligence, and the
Director of the National Quantum Coordination Office may
provide to the Subcommittee personnel, equipment, facilities,
and such other technical and administrative support as may be
necessary for the Subcommittee to carry out the
responsibilities of the Subcommittee under this section.
``(2) Support related to classified information.--The
Director of the Office of Science and Technology Policy, and
(to the extent practicable) the Secretary of Defense and the
Director of National Intelligence, shall provide to the
Subcommittee technical and administrative support related to
the responsibilities of the Subcommittee that involve
classified information, including support related to
sensitive compartmented information facilities and the
storage of classified information.''.
(b) Sunset for Subcommittee.--
(1) Inclusion in sunset provision.--Such title is further
amended in section 106, as redesignated by subsection (a), by
striking ``103, and 104'' and inserting ``103, 104, and
105''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
National Quantum Initiative Act (15 U.S.C. 8801 note et al.).
(c) Conforming Amendments.--The National Quantum Initiative
Act (15 U.S.C. 8801 note et al.) is further amended--
(1) in section 2, by striking paragraph (7) and inserting
the following new paragraphs:
[[Page H5047]]
``(7) Subcommittee on economic and security implications.--
The term `Subcommittee on Economic and Security Implications'
means the Subcommittee on the Economic and Security
Implications of Quantum Information Science established under
section 105(a).
``(8) Subcommittee on quantum information science.--The
term `Subcommittee on Quantum Information Science' means the
Subcommittee on Quantum Information Science of the National
Science and Technology Council established under section
103(a).'';
(2) in section 102(b)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``on Quantum Information Science;'';
(B) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(C) the Subcommittee on Economic and Security
Implications;''; and
(3) in section 104(d)(1), by striking `` and the
Subcommittee'' and inserting ``, the Subcommittee on Quantum
Information Science, and the Subcommittee on Economic and
Security Implications''
(d) Clerical Amendment.--The table of sections at the
beginning of the National Quantum Initiative Act (15 U.S.C.
8801 note et al.) is amended by striking the item relating to
section 105 and inserting the following new items:
``105. Subcommittee on the Economic and Security Implications of
Quantum Information Science.
``106. Sunset.''.
amendment no. 415 offered by ms. stefanik of new york
Page 903, line 15, strike ``congressional defense
committees'' and insert ``House Committee on Armed
Services''.
Page 905, strike lines 4 through 9 and insert the
following:
(c) Timing.--With respect to the quarterly briefings
required under subsection (a)--
(1) the first such quarterly briefing is due not later than
March 31, 2022; and
(2) each subsequent briefing is due each quarter thereafter
until March 31, 2024.
amendment no. 416 offered by mr. steil of wisconsin
At the end of subtitle C of title XII, add the following:
SEC. _ REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS
IN IRAQ.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report on the short-
and long-term threats posed by Iranian-backed militias in
Iraq to Iraq and to United States persons and interests.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed description of acts of violence and
intimidation that Iranian-backed militias in Iraq have
committed against Iraqi civilians during the previous two
years.
(2) A detailed description of the threat that Iranian-
backed militias in Iraq pose to United States persons in Iraq
and in the Middle East, including United States Armed Forces
and diplomats.
(3) A detailed description of the threat Iranian-backed
militias in Iraq pose to United States partners in the
region.
(4) A detailed description of the role that Iranian-backed
militias in Iraq", including the Badr Corps, play in Iraq's
armed forces and security services, including Iraq's Popular
Mobilization Forces.
(5) An assessment of whether, and to what extent, any
Iranian-backed militia in Iraq, or member of such militia,
was provided assistance directly or indirectly from the
Department of Defense or had illicit access to United States-
origin defense equipment provided to Iraq since 2014 and the
response from the Government of Iraq to each incident.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex only if such annex is provided separately from the
unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
Foreign Relations of the Senate.
amendment no. 417 offered by mr. steil of wisconsin
At the appropriate place in title LX of division E, insert
the following:
SEC. __. REPORT ON EFFECTIVENESS OF TALIBAN SANCTIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury shall submit to
Congress a report on the status of United States and United
Nations sanctions imposed with respect to the Taliban that
includes--
(1) a description of any gaps in current sanctions
authorities to block the Taliban's sources of finance given
the current situation in Afghanistan and the Taliban's
takeover;
(2) recommendations for ways current sanctions can be
enhanced to block the Taliban's profit from the drug trade
and the trade of rare earth minerals, as well as from
economic relations between the Taliban and China; and
(3) a list of current waivers and licenses granted with
respect to sanctions imposed with respect to Afghanistan, the
reasons behind them, and how such waivers and licenses affect
the Taliban's financing.
amendment no. 418 offered by mr. steil of wisconsin
In title LI, add at the end the following:
SEC. 5106. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall issue a report to the Committees on Financial
Services and Foreign Affairs of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate that includes a copy of any
license issued by the Secretary in the preceding 180 days
that authorizes a United States financial institution (as
defined under section 561.309 of title 31, Code of Federal
Regulations) to provide financial services benefitting--
(1) a state sponsor of terrorism; or
(2) a person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328,
the Global Magnitsky Human Rights Accountability Act).
(C) Executive Order No. 13818.
amendment no. 419 offered by mr. stewart of utah
At the end of subtitle C of title III, insert the
following:
SEC. 3__. BRIEFING ON AIR FORCE PLAN FOR CERTAIN AEROSPACE
GROUND EQUIPMENT MODERNIZATION.
Not later than March 1, 2022, the Secretary of the Air
Force shall provide a briefing to the Committee on Armed
Services of the House of Representatives on current and
future plans for the replacement of aging aerospace ground
equipment, which shall include--
(1) an analysis of the average yearly cost to the Air Force
of maintaining legacy and out-of-production A/M32A-60 and A/
M32C-10 air start carts;
(2) a comparison of the cost of reconditioning these
existing legacy systems compared to the cost of replacing
them with next-generation air start carts;
(3) an analysis of the long-term maintenance and fuel
savings that would be realized by the Air Force if the legacy
systems were upgraded to next-generation air start carts;
(4) an analysis of the tactical and logistical benefits of
transitioning from multi-component aerospace ground equipment
systems to modern all-in-one systems; and
(5) an overview of existing and future plans to replace
legacy air start carts with modern aerospace ground equipment
technology.
amendment no. 420 offered by mr. takano of california
At the end of subtitle H of title V, insert the following:
SEC. 576. CONSIDERATION OF SEXUAL ORIENTATION BY INSPECTOR
GENERAL WHEN CONDUCTING REVIEW OF RACIAL
DISPARITY IN THE DEPARTMENT OF DEFENSE.
The Inspector General of the Department of Defense shall
take sexual orientation into account when conducting any
review of racial disparity in such Department after the date
of the enactment of this Act.
amendment no. 421 offered by ms. tenney of new york
Page 912, line 13, strike ``; and'' and insert a semicolon.
Page 912, after line 13, insert the following:
(2) all instances of the supply, sale, or transfer of arms
or related materiel, including spare parts, to or from Iran
as well as all instances of missile launches by Iran,
including for the purposes of testing and development or use
in military operations; and
Page 912, line 17, strike ``such capabilities'' and insert
``the military capabilities described in paragraph (1)''.
amendment no. 422 offered by ms. tenney of new york
At the appropriate place in subtitle C of title XII, insert
the following:
SEC. 12__. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives and Committee on Armed Services and
the Committee on Foreign Relations of the Senate a report
that includes a detailed description of the following:
(1) An assessment of the United Nations arms embargo on
Iran and its effectiveness in constraining Iran's ability to
supply, sell, or transfer, directly or indirectly, arms or
related materiel, including spare parts, while the embargo
was in effect.
(2) The measures that the Departments of Defense and State
are taking, in the absence of such a United Nations arms
embargo on Iran, to constrain Iranian arms proliferation and
advance an equally robust, global prohibition on the supply,
sale, or transfer, of weapons to or from Iran.
[[Page H5048]]
amendment no. 423 offered by ms. tenney of new york
At the appropriate place in subtitle C of title XII, insert
the following:
SEC. 12__. REPORT ON IRGC-AFFILIATED OPERATIVES ABROAD.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the President shall
submit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report that includes a detailed
description of the following:
(1) All IRGC-affiliated operatives serving in diplomatic
and consular posts outside of Iran.
(2) The ways in which the Department of Defense, in
coordination with the Department of State, is working with
partner countries to inform them of the threat posed by IRGC-
affiliated operatives, who are also operatives of a
designated foreign terrorist organization, and to reduce the
presence of such operatives.
Amendment No. 424 Offered by Ms. Tenney of New York
At the end of subtitle E of title XII of division A, add
the following:
SEC. 12_. ESTABLISHMENT OF CHINA WATCHER PROGRAM.
(a) In General.--The Secretary of State, in coordination
with relevant offices and bureaus of the Department of
Defense, shall implement a program, to be known as the
``China Watcher Program'', within the Department of State
to--
(1) monitor and combat the People's Republic of China's
malign influence across military, economic, and political
sectors in foreign countries;
(2) monitor the People's Republic of China's military
trends abroad and counter its activities and advancements in
foreign nations that pose a threat to United States interests
and the rules-based order; and
(3) strengthen the capacity of United States Government to
engage with foreign countries and regional and international
military, economic, and political organizations and
institutions relating to policy coordination regarding the
People's Republic of China and efforts to counter the
People's Republic of China's malign influence.
(b) Placement.--
(1) In general.--In carrying out the China Watcher Program
under this section, the Secretary of State, in consultation
with the Secretary of Defense, shall place officers in
positions in select United States diplomatic and consular
posts, in coordination with the Secretary of State, to engage
both Chinese and third-country nationals, including host
governments and non-government entities, on the matters
described in subsection (a).
(2) Priority.--The Secretary of State shall--
(A) in selecting diplomatic and consular posts, prioritize
foreign countries in which Chinese influence has been
historically significant and in which United States interests
and persons are vulnerable to the People's Republic of
China's malign activities; and
(B) in placing personnel in such posts, select, in
consultation with the Secretary of Defense, personnel within
either the Department of State or the Department of Defense
who have sufficient subject matter expertise, language
skills, and training to carry out their functions
effectively.
(c) Annual Report.--
(1) In general.--Each post or mission with a China Watcher
Program shall produce an annual report outlining the steps it
has taken to advance the mission, trends and analysis, and
the nature and extent of Chinese foreign direct investment
and influence in key military, economic, and political
sectors, including technology, manufacturing, transportation,
energy, metals, agriculture, real estate, and defense.
(2) Matters to be included.--Such report shall include an
assessment of the investment, trade, and other risks posed by
Chinese malign influence as well as instances of predatory
actions by the People's Republic of China or its affiliates.
(d) Risk Assessment.--The annual report required by
subsection (c) shall include a risk assessment which shall be
made publicly available. The Secretary of State, in
consultation with the Secretary of Defense, shall, based on
the results of such report, make publicly available a list of
countries of concern in regard to the likelihood of economic
espionage and coercion or influence of the People's Republic
of China across military, economic, and political sectors.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 for fiscal year 2022 and each
fiscal year thereafter to carry out this section.
Amendment No. 425 Offered by Ms. Tenney of New York
At the end of subtitle B of title II, add the following new
section:
SEC. 2___. ESTABLISHMENT OF QUANTUM NETWORK TESTBED PROGRAM
FOR DEPARTMENT OF AIR FORCE.
(a) In General.--The Secretary of the Air Force may
establish a program to develop a proof-of-concept quantum
network testbed that may be accessed by prototype quantum
computers.
(b) Funding for Quantum Network Testbed Program.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation Air Force applied research, line 014, as
specified in the corresponding funding table in section 4201,
for dominant information sciences and methods is hereby
increased by $10,000,000 (to be used to in support of the
quantum network and computing testbed program under this
section).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
space force, as specified in the corresponding funding table
in section 4301, contractor logistics and system support,
line 080, is hereby reduced by $10,000,000.
Amendment No. 426 Offered by Ms. Tenney of New York
At the appropriate place in title LX of division E, insert
the following:
SEC. __. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR AL-
ASSAD.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the estimated net worth and known sources
of income of Syrian President Bashar al-Assad and his family
members (including spouse, children, siblings, and paternal
and maternal cousins), including income from corrupt or
illicit activities and including assets, investments, other
business interests, and relevant beneficial ownership
information.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex if necessary. The unclassified portion of such report
shall be made available on a publicly available internet
website of the Federal Government.
amendment no. 427 offered by mr. thompson of mississippi
Insert after title LIII the following new title:
TITLE LIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
SEC. 5401. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C.
344) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect to leader
development and employee engagement,'' after ``policies'';
(ii) by striking ``and in line'' and inserting ``, in
line''; and
(iii) by inserting ``and informed by best practices within
the Federal Government and the private sector,'' after
``priorities,'';
(B) in paragraph (2), by striking ``develop performance
measures to provide a basis for monitoring and evaluating''
and inserting ``use performance measures to evaluate, on an
ongoing basis,'';
(C) in paragraph (3), by inserting ``that, to the extent
practicable, are informed by employee feedback'' after
``policies'';
(D) in paragraph (4), by inserting ``including leader
development and employee engagement programs,'' before ``in
coordination'';
(E) in paragraph (5), by inserting before the semicolon at
the end the following: ``that is informed by an assessment,
carried out by the Chief Human Capital Officer, of the
learning and developmental needs of employees in supervisory
and nonsupervisory roles across the Department and
appropriate workforce planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as paragraphs
(13) and (14), respectively; and
(G) by inserting after paragraph (8) the following new
paragraphs:
``(9) maintain a catalogue of available employee
development opportunities, including the Homeland Security
Rotation Program pursuant to section 844, departmental
leadership development programs, interagency development
programs, and other rotational programs;
``(10) ensure that employee discipline and adverse action
programs comply with the requirements of all pertinent laws,
rules, regulations, and Federal guidance, and ensure due
process for employees;
``(11) analyze each Department or Government-wide Federal
workforce satisfaction or morale survey not later than 90
days after the date of the publication of each such survey
and submit to the Secretary such analysis, including, as
appropriate, recommendations to improve workforce
satisfaction or morale within the Department;
``(12) review and approve all component employee engagement
action plans to ensure such plans include initiatives
responsive to the root cause of employee engagement
challenges, as well as outcome-based performance measures and
targets to track the progress of such initiatives;'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Chief Learning and Engagement Officer.--The Chief
Human Capital Officer may designate an employee of the
Department to serve as a Chief Learning and Engagement
Officer to assist the Chief Human Capital Officer in carrying
out this section.''; and
(4) in subsection (e), as so redesignated--
[[Page H5049]]
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b) and
any available data on participation rates, attrition rates,
and impacts on retention and employee satisfaction;
``(3) information on the progress of Departmentwide
strategic workforce planning efforts as determined under
paragraph (2) of subsection (b);
``(4) information on the activities of the steering
committee established pursuant to section 711(a), including
the number of meetings, types of materials developed and
distributed, and recommendations made to the Secretary;''.
SEC. 5402. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION
PLAN.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end
the following new section:
``SEC. 711. EMPLOYEE ENGAGEMENT.
``(a) Steering Committee.--Not later than 120 days after
the date of the enactment of this section, the Secretary
shall establish an employee engagement steering committee,
including representatives from operational components,
headquarters, and field personnel, including supervisory and
nonsupervisory personnel, and employee labor organizations
that represent Department employees, and chaired by the Under
Secretary for Management, to carry out the following
activities:
``(1) Identify factors that have a negative impact on
employee engagement, morale, and communications within the
Department, such as perceptions about limitations on career
progression, mobility, or development opportunities,
collected through employee feedback platforms, including
through annual employee surveys, questionnaires, and other
communications, as appropriate.
``(2) Identify, develop, and distribute initiatives and
best practices to improve employee engagement, morale, and
communications within the Department, including through
annual employee surveys, questionnaires, and other
communications, as appropriate.
``(3) Monitor efforts of each component to address employee
engagement, morale, and communications based on employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as appropriate.
``(4) Advise the Secretary on efforts to improve employee
engagement, morale, and communications within specific
components and across the Department.
``(5) Conduct regular meetings and report, not less than
once per quarter, to the Under Secretary for Management, the
head of each component, and the Secretary on Departmentwide
efforts to improve employee engagement, morale, and
communications.
``(b) Action Plan; Reporting.--The Secretary, acting
through the Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the employee engagement steering committee
under subsection (a), issue a Departmentwide employee
engagement action plan, reflecting input from the steering
committee and employee feedback provided through annual
employee surveys, questionnaires, and other communications in
accordance with paragraph (1) of such subsection, to execute
strategies to improve employee engagement, morale, and
communications within the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-specific employee
engagement plan to advance the action plan required under
paragraph (1) that includes performance measures and
objectives, is informed by employee feedback provided through
annual employee surveys, questionnaires, and other
communications, as appropriate, and sets forth how employees
and, where applicable, their labor representatives are to be
integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such action
plan; and
``(C) provide to the Chief Human Capital Officer and the
steering committee quarterly reports on actions planned and
progress made under this paragraph.
``(c) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the steering
committee and its subcommittees.
``(d) Termination.--This section shall terminate on the
date that is five years after the date of the enactment of
this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 710 the
following new item:
``Sec. 711. Employee engagement.''.
(c) Submissions to Congress.--
(1) Departmentwide employee engagement action plan.--The
Secretary of Homeland Security, acting through the Chief
Human Capital Officer of the Department of Homeland Security,
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
Departmentwide employee engagement action plan required under
subsection (b)(1) of section 711 of the Homeland Security Act
of 2002 (as added by subsection (a) of this section) not
later than 30 days after the issuance of such plan under such
subsection (b)(1).
(2) Component-specific employee engagement plans.--Each
head of a component of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
component-specific employee engagement plan of each such
component required under subsection (b)(2) of section 711 of
the Homeland Security Act of 2002 not later than 30 days
after the issuance of each such plan under such subsection
(b)(2).
SEC. 5403. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 5302 of
this Act, is further amended by adding at the end the
following new section:
``SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish an annual
employee award program to recognize Department employees or
groups of employees for significant contributions to the
achievement of the Department's goals and missions. If such a
program is established, the Secretary shall--
``(1) establish within such program categories of awards,
each with specific criteria, that emphasize honoring
employees who are at the nonsupervisory level;
``(2) publicize within the Department how any employee or
group of employees may be nominated for an award;
``(3) establish an internal review board comprised of
representatives from Department components, headquarters, and
field personnel to submit to the Secretary award
recommendations regarding specific employees or groups of
employees;
``(4) select recipients from the pool of nominees submitted
by the internal review board under paragraph (3) and convene
a ceremony at which employees or groups of employees receive
such awards from the Secretary; and
``(5) publicize such program within the Department.
``(b) Internal Review Board.--The internal review board
described in subsection (a)(3) shall, when carrying out its
function under such subsection, consult with representatives
from operational components and headquarters, including
supervisory and nonsupervisory personnel, and employee labor
organizations that represent Department employees.
``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the
requirements of this section or to require the Secretary to
provide monetary bonuses to recipients of an award under this
section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5402 of this Act, is further amended by inserting
after the item relating to section 711 the following new
item:
``Sec. 712. Annual employee award program.''.
SEC. 5404. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall investigate whether the application in
the Department of Homeland Security of discipline and adverse
actions are administered in an equitable and consistent
manner that results in the same or substantially similar
disciplinary outcomes across the Department for misconduct by
a nonsupervisory or supervisor employee who engaged in the
same or substantially similar misconduct.
(b) Consultation.--In carrying out the investigation
described in subsection (a), the Comptroller General of the
United States shall consult with the Under Secretary for
Management of the Department of Homeland Security and the
employee engagement steering committee established pursuant
to subsection (b)(1) of section 711 of the Homeland Security
Act of 2002 (as added by section 5302(a) of this Act).
(c) Action by Under Secretary for Management.--Upon
completion of the investigation described in subsection (a),
the Under Secretary for Management of the Department of
Homeland Security shall review the findings and
recommendations of such investigation and implement a plan,
in consultation with the employee engagement steering
committee established pursuant to subsection (b)(1) of
section 711 of the Homeland Security Act of 2002, to correct
any relevant deficiencies identified by the Comptroller
General of the United States in such investigation. The Under
Secretary for Management shall direct the employee engagement
steering committee to review such plan to inform committee
activities and action plans authorized under such section
711.
SEC. 5405. IMPACTS OF SHUTDOWN.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall report to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate regarding the direct and
indirect impacts of the lapse in appropriations between
December 22, 2018, and January 25, 2019, on--
(1) Department of Homeland Security human resources
operations;
(2) the Department's ability to meet hiring benchmarks; and
[[Page H5050]]
(3) retention, attrition, and morale of Department
personnel.
SEC. 5406. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND
SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act
of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) representatives from appropriate advisory committees
established pursuant to section 871, including the Homeland
Security Advisory Council and the Homeland Security Science
and Technology Advisory Committee, or otherwise established,
including the Aviation Security Advisory Committee
established pursuant to section 44946 of title 49, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following: ``based on the risk assessment
required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent practicable,'' after
``describe''; and
(ii) by striking ``budget plan'' and inserting ``resources
required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent practicable,'' after
``identify'';
(ii) by striking ``budget plan required to provide
sufficient resources to successfully'' and inserting
``resources required to''; and
(iii) by striking the semicolon at the end and inserting
the following: ``, including any resources identified from
redundant, wasteful, or unnecessary capabilities or
capacities that may be redirected to better support other
existing capabilities or capacities, as the case may be;
and'';
(D) in paragraph (5), by striking ``; and'' and inserting a
period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of the
year'' and inserting ``60 days after the date of the
submission of the President's budget for the fiscal year
after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description of the
threats to'' and inserting ``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as required
under subsection (b)(2)'' before the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent practicable,'' before ``a
description''; and
(II) by striking ``budget plan'' and inserting ``resources
required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent practicable,'' before ``a
discussion''; and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent practicable,'' before ``a
discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks'' before ``to national
homeland''; and
(IV) by inserting ``and'' after the semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as subparagraph
(H);
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried out
pursuant to subsection (a)(3), including the following:
``(i) All written communications, including communications
sent out by the Secretary and feedback submitted to the
Secretary through technology, online communications tools,
in-person discussions, and the interagency process.
``(ii) Information on how feedback received by the
Secretary informed each such quadrennial homeland security
review.
``(B) Information regarding the risk assessment required
pursuant to subsection (c)(2)(B), including the following:
``(i) The risk model utilized to generate such risk
assessment.
``(ii) Information, including data used in the risk model,
utilized to generate such risk assessment.
``(iii) Sources of information, including other risk
assessments, utilized to generate such risk assessment.
``(iv) Information on assumptions, weighing factors, and
subjective judgments utilized to generate such risk
assessment, together with information on the rationale or
basis thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission
of each report required under subsection (c)(1), the
Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate information
on the degree to which the findings and recommendations
developed in the quadrennial homeland security review that is
the subject of such report were integrated into the
acquisition strategy and expenditure plans for the
Department.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to a quadrennial homeland security
review conducted after December 31, 2021.
SEC. 5407. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL
CAREER PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 5304 of
this Act, is further amended by adding at the end the
following new section:
``SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.
``(a) Establishment.--There is established in the
Department an acquisition professional career program to
develop a cadre of acquisition professionals within the
Department.
``(b) Administration.--The Under Secretary for Management
shall administer the acquisition professional career program
established pursuant to subsection (a).
``(c) Program Requirements.--The Under Secretary for
Management shall carry out the following with respect to the
acquisition professional career program.
``(1) Designate the occupational series, grades, and number
of acquisition positions throughout the Department to be
included in the program and manage centrally such positions.
``(2) Establish and publish on the Department's website
eligibility criteria for candidates to participate in the
program.
``(3) Carry out recruitment efforts to attract candidates--
``(A) from institutions of higher education, including such
institutions with established acquisition specialties and
courses of study, historically Black colleges and
universities, and Hispanic-serving institutions;
``(B) with diverse work experience outside of the Federal
Government; or
``(C) with military service.
``(4) Hire eligible candidates for designated positions
under the program.
``(5) Develop a structured program comprised of acquisition
training, on-the-job experience, Departmentwide rotations,
mentorship, shadowing, and other career development
opportunities for program participants.
``(6) Provide, beyond required training established for
program participants, additional specialized acquisition
training, including small business contracting and innovative
acquisition techniques training.
``(d) Reports.--Not later than December 31, 2021, and
annually thereafter through 2027, the Secretary shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
acquisition professional career program. Each such report
shall include the following information:
``(1) The number of candidates approved for the program.
``(2) The number of candidates who commenced participation
in the program, including generalized information on such
candidates' backgrounds with respect to education and prior
work experience, but not including personally identifiable
information.
``(3) A breakdown of the number of participants hired under
the program by type of acquisition position.
``(4) A list of Department components and offices that
participated in the program and information regarding length
of time of each program participant in each rotation at such
components or offices.
``(5) Program attrition rates and postprogram graduation
retention data, including information on how such data
compare to the prior year's data, as available.
``(6) The Department's recruiting efforts for the program.
``(7) The Department's efforts to promote retention of
program participants.
``(e) Definitions.--In this section:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term in
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101a).
``(2) Historically black colleges and universities.--The
term `historically Black colleges and universities' has the
meaning given the term `part B institution' in section 322(2)
of Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5403 of this Act, is further amended by inserting
after the item relating to section 712 the following new
item:
``Sec. 713. Acquisition professional career program.''.
SEC. 5408. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following new section:
``SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and
[[Page H5051]]
Technology, shall designate the laboratory described in
subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2). Such laboratory shall be
used to test and evaluate emerging technologies and conduct
research and development to assist emergency response
providers in preparing for, and protecting against, threats
of terrorism.
``(b) Laboratory Described.--The laboratory described in
this subsection is the laboratory--
``(1) known, as of the date of the enactment of this
section, as the National Urban Security Technology
Laboratory; and
``(2) transferred to the Department pursuant to section
303(1)(E).
``(c) Laboratory Activities.--The National Urban Security
Technology Laboratory shall--
``(1) conduct tests, evaluations, and assessments of
current and emerging technologies, including, as appropriate,
the cybersecurity of such technologies that can connect to
the internet, for emergency response providers;
``(2) act as a technical advisor to emergency response
providers; and
``(3) carry out other such activities as the Secretary
determines appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass
Destruction Office of the Department.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5407 of this Act, is further amended by inserting
after the item relating to section 321 the following new
item:
``Sec. 322. National Urban Security Technology Laboratory.''.
SEC. 5409. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN
ENHANCEMENT.
Section 434 of the Homeland Security Act of 2002 (6 U.S.C.
242) is amended--
(1) in subsection (e)(6), by striking ``utilizing
resources,'' and inserting ``developing and utilizing, in
consultation with the Advisory Board established pursuant to
subsection (g), resources''; and
(2) by adding at the end the following new subsections:
``(f) Web-Based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall
develop web-based interactive training videos that utilize a
learning management system to provide online training
opportunities that shall be made available to the following
individuals:
``(1) Federal, State, local, Tribal, and territorial law
enforcement officers.
``(2) Non-Federal correction system personnel.
``(3) Such other individuals as the Director determines
appropriate.
``(g) Blue Campaign Advisory Board.--
``(1) In general.--The Secretary shall establish within the
Department a Blue Campaign Advisory Board and shall assign to
such Board a representative from each of the following
components:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Law Enforcement Training Center.
``(E) The United States Secret Service.
``(F) The Office for Civil Rights and Civil Liberties.
``(G) The Privacy Office.
``(H) Any other components or offices the Secretary
determines appropriate.
``(2) Charter.--The Secretary is authorized to issue a
charter for the Board, and such charter shall specify the
following:
``(A) The Board's mission, goals, and scope of its
activities.
``(B) The duties of the Board's representatives.
``(C) The frequency of the Board's meetings.
``(3) Consultation.--The Director shall consult the Board
established pursuant to paragraph (1) regarding the
following:
``(A) Recruitment tactics used by human traffickers to
inform the development of training and materials by the Blue
Campaign.
``(B) The development of effective awareness tools for
distribution to Federal and non-Federal officials to identify
and prevent instances of human trafficking.
``(C) Identification of additional persons or entities that
may be uniquely positioned to recognize signs of human
trafficking and the development of materials for such
persons.
``(4) Applicability.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to--
``(A) the Board; or
``(B) consultations under paragraph (2).
``(h) Consultation.--With regard to the development of
programs under the Blue Campaign and the implementation of
such programs, the Director is authorized to consult with
State, local, Tribal, and territorial agencies,
nongovernmental organizations, private sector organizations,
and experts. Such consultation shall be exempt from the
Federal Advisory Committee Act (5 U.S.C. App.).''.
SEC. 5410. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE
PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
``SEC. 890B. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the
Department a mentor-protege program (in this section referred
to as the `Program') under which a mentor firm enters into an
agreement with a protege firm for the purpose of assisting
the protege firm to compete for prime contracts and
subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria
for mentor firms and protege firms to be eligible to
participate in the Program, including a requirement that a
firm is not included on any list maintained by the Federal
Government of contractors that have been suspended or
debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include
each of the following:
``(A) A description of the assistance to be provided by the
mentor firm, including, to the extent available, the number
and a brief description of each anticipated subcontract to be
awarded to the protege firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of participation in
the Program.
``(C) An estimate of the costs to be incurred by the mentor
firm for providing assistance under the Program.
``(D) Attestations that Program participants will submit to
the Secretary reports at times specified by the Secretary to
assist the Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants will inform
the Secretary in the event of a change in eligibility or
voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval
of an application under this subsection if it determines that
such action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm
approved under subsection (c) shall enter into an agreement
to participate in the Program for a period of not less than
36 months.
``(e) Program Benefits.--A mentor firm and protege firm
that enter into an agreement under subsection (d) may receive
the following Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first-tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege
firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the head
of the Office of Small and Disadvantaged Business Utilization
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Homeland
Security and the Committee on Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including the
number of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled by
veterans;
``(C) small business concerns owned and controlled by
service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled by
women;
``(G) historically Black colleges and universities; and
``(H) minority institutions of higher education;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of protege
firms; and
``(B) an increase in the quantity and estimated value of
prime contract and subcontract awards to protege firms for
the period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the
authority of the Department to participate in any program
carried out by or requiring approval of the Small Business
Administration
[[Page H5052]]
or adopt or follow any regulation or policy that the
Administrator of the Small Business Administration may
promulgate, except that, to the extent that any provision of
this section (including subsection (h)) conflicts with any
other provision of law, regulation, or policy, this section
shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' means any of the
historically Black colleges and universities referred to in
section 2323 of title 10, United States Code, as in effect on
March 1, 2018.
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
``(A) has the ability to assist and commits to assisting a
protege firm to compete for Federal prime contracts and
subcontracts; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(3) Minority institution of higher education.--The term
`minority institution of higher education' means an
institution of higher education with a student body that
reflects the composition specified in section 312(b) of the
Higher Education Act of 1965 (20 U.S.C. 1058(b)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority institution of higher education that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and
controlled by veterans', `small business concern owned and
controlled by service-disabled veterans', `qualified HUBZone
small business concern', and `small business concern owned
and controlled by women' have the meanings given such terms,
respectively, under section 3 of the Small Business Act (15
U.S.C. 632). The term `small business concern owned and
controlled by socially and economically disadvantaged
individuals' has the meaning given such term in section
8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5408 of this Act, is further amended by inserting
after the item relating to section 890A the following new
item:
``Sec. 890B. Mentor-protege program.''.
SEC. 5411. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Subtitle C of title XIX of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by
adding at the end the following new section:
``SEC. 1932. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness,
and protection for the Department's employees and working
animals in the event of a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic, and to support Department mission
continuity.
``(b) Oversight.--The Chief Medical Officer of the
Department shall provide programmatic oversight of the
medical countermeasures program established pursuant to
subsection (a), and shall--
``(1) develop Departmentwide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance regarding the
dispensing of stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief
Medical Officer shall establish a medical countermeasures
working group comprised of representatives from appropriate
components and offices of the Department to ensure that
medical countermeasures standards are maintained and guidance
is consistent.
``(d) Medical Countermeasures Management.--Not later than
120 days after the date of the enactment of this section, the
Chief Medical Officer shall develop and submit to the
Secretary an integrated logistics support plan for medical
countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and
quantities of medical countermeasures to stockpile under
subsection (d), the Chief Medical Officer shall utilize, if
available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance
on medical countermeasures.
``(f) Report.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the plan developed in
accordance with subsection (d) and brief such Committees
regarding implementing the requirements of this section.
``(g) Definition.--In this section, the term `medical
countermeasures' means antibiotics, antivirals, radiological
countermeasures, and other countermeasures that may be
deployed to protect the Department's employees and working
animals in the event of a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5410 of this Act, is further amended by inserting
after the item relating to section 1931 the following new
item:
``Sec. 1932. Medical countermeasures.''.
SEC. 5412. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.), as amended by
section 5310 of this Act, is further amended by adding at the
end the following new section:
``SEC. 890C. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is
authorized to conduct research and development to--
``(A) identify United States critical domains for economic
security and homeland security; and
``(B) evaluate the extent to which disruption, corruption,
exploitation, or dysfunction of any of such domain poses a
substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The research
under paragraph (1) shall include a risk analysis of each
identified United States critical domain for economic
security to determine the degree to which there exists a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
domain. Such research shall consider, to the extent possible,
the following:
``(i) The vulnerability and resilience of relevant supply
chains.
``(ii) Foreign production, processing, and manufacturing
methods.
``(iii) Influence of malign economic actors.
``(iv) Asset ownership.
``(v) Relationships within the supply chains of such
domains.
``(vi) The degree to which the conditions referred to in
clauses (i) through (v) would place such a domain at risk of
disruption, corruption, exploitation, or dysfunction.
``(B) Additional research into high-risk critical
domains.--Based on the identification and risk analysis of
United States critical domains for economic security pursuant
to paragraph (1) and subparagraph (A) of this paragraph,
respectively, the Secretary may conduct additional research
into those critical domains, or specific elements thereof,
with respect to which there exists the highest degree of a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
a domain. For each such high-risk domain, or element thereof,
such research shall--
``(i) describe the underlying infrastructure and processes;
``(ii) analyze present and projected performance of
industries that comprise or support such domain;
``(iii) examine the extent to which the supply chain of a
product or service necessary to such domain is concentrated,
either through a small number of sources, or if multiple
sources are concentrated in one geographic area;
``(iv) examine the extent to which the demand for supplies
of goods and services of such industries can be fulfilled by
present and projected performance of other industries,
identify strategies, plans, and potential barriers to expand
the supplier industrial base, and identify the barriers to
the participation of such other industries;
``(v) consider each such domain's performance capacities in
stable economic environments, adversarial supply conditions,
and under crisis economic constraints;
``(vi) identify and define needs and requirements to
establish supply resiliency within each such domain; and
``(vii) consider the effects of sector consolidation,
including foreign consolidation, either through mergers or
acquisitions, or due to recent geographic realignment, on
such industries' performances.
``(3) Consultation.--In conducting the research under
paragraph (1) and subparagraph (B) of paragraph (2), the
Secretary may consult with appropriate Federal agencies,
State agencies, and private sector stakeholders.
``(4) Publication.--Beginning one year after the date of
the enactment of this section, the Secretary shall publish a
report
[[Page H5053]]
containing information relating to the research under
paragraph (1) and subparagraph (B) of paragraph (2),
including findings, evidence, analysis, and recommendations.
Such report shall be updated annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after
the publication of each report required under paragraph (4)
of subsection (a), the Secretary shall transmit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate each such report, together
with a description of actions the Secretary, in consultation
with appropriate Federal agencies, will undertake or has
undertaken in response to each such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic
security.--The term `United States critical domains for
economic security' means the critical infrastructure and
other associated industries, technologies, and intellectual
property, or any combination thereof, that are essential to
the economic security of the United States.
``(2) Economic security.--The term `economic security'
means the condition of having secure and resilient domestic
production capacity, combined with reliable access to the
global resources necessary to maintain an acceptable standard
of living and to protect core national values.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of fiscal years 2022
through 2026 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5411 of this Act, is further amended by inserting
after the item relating to section 890B the following new
item:
``Sec. 890C. Homeland security critical domain research and
development.''.
Subtitle B--Cybersecurity
SEC. 5421. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.
(a) Technical Amendments.--
(1) Homeland security act of 2002.--Subtitle A of title
XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended--
(A) in the first section 2215 (6 U.S.C. 665; relating to
the duties and authorities relating to .gov internet domain),
by amending the section enumerator and heading to read as
follows:
``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.'';
(B) in the second section 2215 (6 U.S.C. 665b; relating to
the joint cyber planning office), by amending the section
enumerator and heading to read as follows:
``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';
(C) in the third section 2215 (6 U.S.C. 665c; relating to
the Cybersecurity State Coordinator), by amending the section
enumerator and heading to read as follows:
``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';
(D) in the fourth section 2215 (6 U.S.C. 665d; relating to
Sector Risk Management Agencies), by amending the section
enumerator and heading to read as follows:
``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';
(E) in section 2216 (6 U.S.C. 665e; relating to the
Cybersecurity Advisory Committee), by amending the section
enumerator and heading to read as follows:
``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND
(F) in section 2217 (6 U.S.C. 665f; relating to
Cybersecurity Education and Training Programs), by amending
the section enumerator and heading to read as follows:
``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING
PROGRAMS.''.
(2) Consolidated appropriations act, 2021.--Paragraph (1)
of section 904(b) of division U of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by inserting ``of
2002'' after ``Homeland Security Act''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to sections 2214 through 2217 and
inserting the following new items:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.''.
SEC. 5422. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by
section 5321 of this Act, is further amended by adding at the
end the following new sections:
``SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(2) Cybersecurity plan.--The term `Cybersecurity Plan'
means a plan submitted by an eligible entity under subsection
(e)(1).
``(3) Eligible entity.--The term `eligible entity' means--
``(A) a State; or
``(B) an Indian Tribe that, not later than 120 days after
the date of the enactment of this section or not later than
120 days before the start of any fiscal year in which a grant
under this section is awarded--
``(i) notifies the Secretary that the Indian Tribe intends
to develop a Cybersecurity Plan; and
``(ii) agrees to forfeit any distribution under subsection
(n)(2).
``(4) Incident.--The term `incident' has the meaning given
the term in section 2209.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4(e) of the of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(6) Information sharing and analysis organization.--The
term `information sharing and analysis organization' has the
meaning given the term in section 2222.
``(7) Information system.--The term `information system'
has the meaning given the term in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(8) Online service.--The term `online service' means any
internet-facing service, including a website, email, virtual
private network, or custom application.
``(9) Ransomware incident.--The term `ransomware incident'
means an incident that actually or imminently jeopardizes,
without lawful authority, the integrity, confidentiality, or
availability of information on an information system, or
actually or imminently jeopardizes, without lawful authority,
an information system for the purpose of coercing the
information system's owner, operator, or another person.
``(10) State and local cybersecurity grant program.--The
term `State and Local Cybersecurity Grant Program' means the
program established under subsection (b).
``(11) State and local cybersecurity resilience
committee.--The term `State and Local Cybersecurity
Resilience Committee' means the committee established under
subsection (o)(1).
``(12) Tribal organization.--The term `Tribal organization'
has the meaning given such term in section 4(l) of the of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(l)).
``(b) Establishment.--
``(1) In general.--The Secretary, acting through the
Director, shall establish a program, to be known as the `the
State and Local Cybersecurity Grant Program', to award grants
to eligible entities to address cybersecurity risks and
cybersecurity threats to information systems of State, local,
or Tribal organizations.
``(2) Application.--An eligible entity seeking a grant
under the State and Local Cybersecurity Grant Program shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(c) Baseline Requirements.--An eligible entity or
multistate group that receives a grant under this section
shall use the grant in compliance with--
``(1)(A) the Cybersecurity Plan of the eligible entity or
the Cybersecurity Plans of the eligible entities that
comprise the multistate group; and
``(B) the Homeland Security Strategy to Improve the
Cybersecurity of State, Local, Tribal, and Territorial
Governments developed under section 2210(e)(1); or
``(2) activities carried out under paragraphs (3), (4), and
(5) of subsection (h).
``(d) Administration.--The State and Local Cybersecurity
Grant Program shall be administered in the same office of the
Department that administers grants made under sections 2003
and 2004.
``(e) Cybersecurity Plans.--
``(1) In general.--An eligible entity applying for a grant
under this section shall submit to the Secretary a
Cybersecurity Plan for approval.
``(2) Required elements.--A Cybersecurity Plan of an
eligible entity shall--
``(A) incorporate, to the extent practicable, any existing
plans of the eligible entity to protect against cybersecurity
risks and cybersecurity threats to information systems of
State, local, or Tribal organizations;
``(B) describe, to the extent practicable, how the eligible
entity will--
``(i) manage, monitor, and track information systems,
applications, and user accounts owned or operated by or on
behalf of the eligible entity or by local or Tribal
organizations within the jurisdiction of the eligible entity
and the information technology deployed on those information
systems, including legacy information systems and information
technology that are no longer supported by the manufacturer
of the systems or technology;
``(ii) monitor, audit, and track activity between
information systems, applications, and user accounts owned or
operated by or on behalf of the eligible entity or by local
or Tribal organizations within the jurisdiction of the
eligible entity and between those information systems and
information systems not owned or operated by the eligible
entity or by local or Tribal organizations within the
jurisdiction of the eligible entity;
``(iii) enhance the preparation, response, and resilience
of information systems, applications, and user accounts owned
or operated by or on behalf of the eligible entity or local
or Tribal organizations against cybersecurity risks and
cybersecurity threats;
[[Page H5054]]
``(iv) implement a process of continuous cybersecurity
vulnerability assessments and threat mitigation practices
prioritized by degree of risk to address cybersecurity risks
and cybersecurity threats on information systems of the
eligible entity or local or Tribal organizations;
``(v) ensure that State, local, and Tribal organizations
that own or operate information systems that are located
within the jurisdiction of the eligible entity--
``(I) adopt best practices and methodologies to enhance
cybersecurity, such as the practices set forth in the
cybersecurity framework developed by, and the cyber supply
chain risk management best practices identified by, the
National Institute of Standards and Technology; and
``(II) utilize knowledge bases of adversary tools and
tactics to assess risk;
``(vi) promote the delivery of safe, recognizable, and
trustworthy online services by State, local, and Tribal
organizations, including through the use of the .gov internet
domain;
``(vii) ensure continuity of operations of the eligible
entity and local, and Tribal organizations in the event of a
cybersecurity incident (including a ransomware incident),
including by conducting exercises to practice responding to
such an incident;
``(viii) use the National Initiative for Cybersecurity
Education Cybersecurity Workforce Framework developed by the
National Institute of Standards and Technology to identify
and mitigate any gaps in the cybersecurity workforces of
State, local, or Tribal organizations, enhance recruitment
and retention efforts for such workforces, and bolster the
knowledge, skills, and abilities of State, local, and Tribal
organization personnel to address cybersecurity risks and
cybersecurity threats, such as through cybersecurity hygiene
training;
``(ix) ensure continuity of communications and data
networks within the jurisdiction of the eligible entity
between the eligible entity and local and Tribal
organizations that own or operate information systems within
the jurisdiction of the eligible entity in the event of an
incident involving such communications or data networks
within the jurisdiction of the eligible entity;
``(x) assess and mitigate, to the greatest degree possible,
cybersecurity risks and cybersecurity threats related to
critical infrastructure and key resources, the degradation of
which may impact the performance of information systems
within the jurisdiction of the eligible entity;
``(xi) enhance capabilities to share cyber threat
indicators and related information between the eligible
entity and local and Tribal organizations that own or operate
information systems within the jurisdiction of the eligible
entity, including by expanding existing information-sharing
agreements with the Department;
``(xii) enhance the capability of the eligible entity to
share cyber threat indictors and related information with the
Department;
``(xiii) leverage cybersecurity services offered by the
Department;
``(xiv) develop and coordinate strategies to address
cybersecurity risks and cybersecurity threats to information
systems of the eligible entity in consultation with--
``(I) local and Tribal organizations within the
jurisdiction of the eligible entity; and
``(II) as applicable--
``(aa) States that neighbor the jurisdiction of the
eligible entity or, as appropriate, members of an information
sharing and analysis organization; and
``(bb) countries that neighbor the jurisdiction of the
eligible entity; and
``(xv) implement an information technology and operational
technology modernization cybersecurity review process that
ensures alignment between information technology and
operational technology cybersecurity objectives;
``(C) describe, to the extent practicable, the individual
responsibilities of the eligible entity and local and Tribal
organizations within the jurisdiction of the eligible entity
in implementing the plan;
``(D) outline, to the extent practicable, the necessary
resources and a timeline for implementing the plan; and
``(E) describe how the eligible entity will measure
progress toward implementing the plan.
``(3) Discretionary elements.--A Cybersecurity Plan of an
eligible entity may include a description of--
``(A) cooperative programs developed by groups of local and
Tribal organizations within the jurisdiction of the eligible
entity to address cybersecurity risks and cybersecurity
threats; and
``(B) programs provided by the eligible entity to support
local and Tribal organizations and owners and operators of
critical infrastructure to address cybersecurity risks and
cybersecurity threats.
``(4) Management of funds.--An eligible entity applying for
a grant under this section shall agree to designate the Chief
Information Officer, the Chief Information Security Officer,
or an equivalent official of the eligible entity as the
primary official for the management and allocation of funds
awarded under this section.
``(f) Multistate Grants.--
``(1) In general.--The Secretary, acting through the
Director, may award grants under this section to a group of
two or more eligible entities to support multistate efforts
to address cybersecurity risks and cybersecurity threats to
information systems within the jurisdictions of the eligible
entities.
``(2) Satisfaction of other requirements.--In order to be
eligible for a multistate grant under this subsection, each
eligible entity that comprises a multistate group shall
submit to the Secretary--
``(A) a Cybersecurity Plan for approval in accordance with
subsection (i); and
``(B) a plan for establishing a cybersecurity planning
committee under subsection (g).
``(3) Application.--
``(A) In general.--A multistate group applying for a
multistate grant under paragraph (1) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(B) Multistate project description.--An application of a
multistate group under subparagraph (A) shall include a plan
describing--
``(i) the division of responsibilities among the eligible
entities that comprise the multistate group for administering
the grant for which application is being made;
``(ii) the distribution of funding from such a grant among
the eligible entities that comprise the multistate group; and
``(iii) how the eligible entities that comprise the
multistate group will work together to implement the
Cybersecurity Plan of each of those eligible entities.
``(g) Planning Committees.--
``(1) In general.--An eligible entity that receives a grant
under this section shall establish a cybersecurity planning
committee to--
``(A) assist in the development, implementation, and
revision of the Cybersecurity Plan of the eligible entity;
``(B) approve the Cybersecurity Plan of the eligible
entity; and
``(C) assist in the determination of effective funding
priorities for a grant under this section in accordance with
subsection (h).
``(2) Composition.--A committee of an eligible entity
established under paragraph (1) shall--
``(A) be comprised of representatives from the eligible
entity and counties, cities, towns, Tribes, and public
educational and health institutions within the jurisdiction
of the eligible entity; and
``(B) include, as appropriate, representatives of rural,
suburban, and high-population jurisdictions.
``(3) Cybersecurity expertise.--Not less than one-half of
the representatives of a committee established under
paragraph (1) shall have professional experience relating to
cybersecurity or information technology.
``(4) Rule of construction regarding existing planning
committees.--Nothing in this subsection may be construed to
require an eligible entity to establish a cybersecurity
planning committee if the eligible entity has established and
uses a multijurisdictional planning committee or commission
that meets, or may be leveraged to meet, the requirements of
this subsection.
``(h) Use of Funds.--An eligible entity that receives a
grant under this section shall use the grant to--
``(1) implement the Cybersecurity Plan of the eligible
entity;
``(2) develop or revise the Cybersecurity Plan of the
eligible entity; or
``(3) assist with activities that address imminent
cybersecurity risks or cybersecurity threats to the
information systems of the eligible entity or a local or
Tribal organization within the jurisdiction of the eligible
entity.
``(i) Approval of Plans.--
``(1) Approval as condition of grant.--Before an eligible
entity may receive a grant under this section, the Secretary,
acting through the Director, shall review the Cybersecurity
Plan, or any revisions thereto, of the eligible entity and
approve such plan, or revised plan, if it satisfies the
requirements specified in paragraph (2).
``(2) Plan requirements.--In approving a Cybersecurity Plan
of an eligible entity under this subsection, the Director
shall ensure that the Cybersecurity Plan--
``(A) satisfies the requirements of subsection (e)(2);
``(B) upon the issuance of the Homeland Security Strategy
to Improve the Cybersecurity of State, Local, Tribal, and
Territorial Governments authorized pursuant to section
2210(e), complies, as appropriate, with the goals and
objectives of the strategy; and
``(C) has been approved by the cybersecurity planning
committee of the eligible entity established under subsection
(g).
``(3) Approval of revisions.--The Secretary, acting through
the Director, may approve revisions to a Cybersecurity Plan
as the Director determines appropriate.
``(4) Exception.--Notwithstanding subsection (e) and
paragraph (1) of this subsection, the Secretary may award a
grant under this section to an eligible entity that does not
submit a Cybersecurity Plan to the Secretary if--
``(A) the eligible entity certifies to the Secretary that--
``(i) the activities that will be supported by the grant
are integral to the development of the Cybersecurity Plan of
the eligible entity; and
``(ii) the eligible entity will submit by September 30,
2023, to the Secretary, a Cybersecurity Plan for review, and
if appropriate, approval; or
``(B) the eligible entity certifies to the Secretary, and
the Director confirms, that the eligible entity will use
funds from the grant to assist with the activities described
in subsection (h)(3).
``(j) Limitations on Uses of Funds.--
[[Page H5055]]
``(1) In general.--An eligible entity that receives a grant
under this section may not use the grant--
``(A) to supplant State, local, or Tribal funds;
``(B) for any recipient cost-sharing contribution;
``(C) to pay a demand for ransom in an attempt to--
``(i) regain access to information or an information system
of the eligible entity or of a local or Tribal organization
within the jurisdiction of the eligible entity; or
``(ii) prevent the disclosure of information that has been
removed without authorization from an information system of
the eligible entity or of a local or Tribal organization
within the jurisdiction of the eligible entity;
``(D) for recreational or social purposes; or
``(E) for any purpose that does not address cybersecurity
risks or cybersecurity threats on information systems of the
eligible entity or of a local or Tribal organization within
the jurisdiction of the eligible entity.
``(2) Penalties.--In addition to any other remedy
available, the Secretary may take such actions as are
necessary to ensure that a recipient of a grant under this
section uses the grant for the purposes for which the grant
is awarded.
``(3) Rule of construction.--Nothing in paragraph (1) may
be construed to prohibit the use of grant funds provided to a
State, local, or Tribal organization for otherwise
permissible uses under this section on the basis that a
State, local, or Tribal organization has previously used
State, local, or Tribal funds to support the same or similar
uses.
``(k) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Secretary
shall provide applicants with a reasonable opportunity to
correct defects, if any, in such applications before making
final awards.
``(l) Apportionment.--For fiscal year 2022 and each fiscal
year thereafter, the Secretary shall apportion amounts
appropriated to carry out this section among States as
follows:
``(1) Baseline amount.--The Secretary shall first apportion
0.25 percent of such amounts to each of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, the
United States Virgin Islands, and 0.75 percent of such
amounts to each of the remaining States.
``(2) Remainder.--The Secretary shall apportion the
remainder of such amounts in the ratio that--
``(A) the population of each eligible entity, bears to
``(B) the population of all eligible entities.
``(3) Minimum allocation to indian tribes.--
``(A) In general.--In apportioning amounts under this
section, the Secretary shall ensure that, for each fiscal
year, directly eligible Tribes collectively receive, from
amounts appropriated under the State and Local Cybersecurity
Grant Program, not less than an amount equal to three percent
of the total amount appropriated for grants under this
section.
``(B) Allocation.--Of the amount reserved under
subparagraph (A), funds shall be allocated in a manner
determined by the Secretary in consultation with Indian
Tribes.
``(C) Exception.--This paragraph shall not apply in any
fiscal year in which the Secretary--
``(i) receives fewer than five applications from Indian
Tribes; or
``(ii) does not approve at least two applications from
Indian Tribes.
``(m) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out using funds made available with a grant
under this section may not exceed--
``(A) in the case of a grant to an eligible entity--
``(i) for fiscal year 2022, 90 percent;
``(ii) for fiscal year 2023, 80 percent;
``(iii) for fiscal year 2024, 70 percent;
``(iv) for fiscal year 2025, 60 percent; and
``(v) for fiscal year 2026 and each subsequent fiscal year,
50 percent; and
``(B) in the case of a grant to a multistate group--
``(i) for fiscal year 2022, 95 percent;
``(ii) for fiscal year 2023, 85 percent;
``(iii) for fiscal year 2024, 75 percent;
``(iv) for fiscal year 2025, 65 percent; and
``(v) for fiscal year 2026 and each subsequent fiscal year,
55 percent.
``(2) Waiver.--The Secretary may waive or modify the
requirements of paragraph (1) for an Indian Tribe if the
Secretary determines such a waiver is in the public interest.
``(n) Responsibilities of Grantees.--
``(1) Certification.--Each eligible entity or multistate
group that receives a grant under this section shall certify
to the Secretary that the grant will be used--
``(A) for the purpose for which the grant is awarded; and
``(B) in compliance with, as the case may be--
``(i) the Cybersecurity Plan of the eligible entity;
``(ii) the Cybersecurity Plans of the eligible entities
that comprise the multistate group; or
``(iii) a purpose approved by the Secretary under
subsection (h) or pursuant to an exception under subsection
(i).
``(2) Availability of funds to local and tribal
organizations.--Not later than 45 days after the date on
which an eligible entity or multistate group receives a grant
under this section, the eligible entity or multistate group
shall, without imposing unreasonable or unduly burdensome
requirements as a condition of receipt, obligate or otherwise
make available to local and Tribal organizations within the
jurisdiction of the eligible entity or the eligible entities
that comprise the multistate group, and as applicable,
consistent with the Cybersecurity Plan of the eligible entity
or the Cybersecurity Plans of the eligible entities that
comprise the multistate group--
``(A) not less than 80 percent of funds available under the
grant;
``(B) with the consent of the local and Tribal
organizations, items, services, capabilities, or activities
having a value of not less than 80 percent of the amount of
the grant; or
``(C) with the consent of the local and Tribal
organizations, grant funds combined with other items,
services, capabilities, or activities having the total value
of not less than 80 percent of the amount of the grant.
``(3) Certifications regarding distribution of grant funds
to local and tribal organizations.--An eligible entity or
multistate group shall certify to the Secretary that the
eligible entity or multistate group has made the distribution
to local, Tribal, and territorial governments required under
paragraph (2).
``(4) Extension of period.--
``(A) In general.--An eligible entity or multistate group
may request in writing that the Secretary extend the period
of time specified in paragraph (2) for an additional period
of time.
``(B) Approval.--The Secretary may approve a request for an
extension under subparagraph (A) if the Secretary determines
the extension is necessary to ensure that the obligation and
expenditure of grant funds align with the purpose of the
State and Local Cybersecurity Grant Program.
``(5) Exception.--Paragraph (2) shall not apply to the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, the United States Virgin Islands, or an Indian
Tribe.
``(6) Direct funding.--If an eligible entity does not make
a distribution to a local or Tribal organization required in
accordance with paragraph (2), the local or Tribal
organization may petition the Secretary to request that grant
funds be provided directly to the local or Tribal
organization.
``(7) Penalties.--In addition to other remedies available
to the Secretary, the Secretary may terminate or reduce the
amount of a grant awarded under this section to an eligible
entity or distribute grant funds previously awarded to such
eligible entity directly to the appropriate local or Tribal
organization as a replacement grant in an amount the
Secretary determines appropriate if such eligible entity
violates a requirement of this subsection.
``(o) Advisory Committee.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this section, the Director shall
establish a State and Local Cybersecurity Resilience
Committee to provide State, local, and Tribal stakeholder
expertise, situational awareness, and recommendations to the
Director, as appropriate, regarding how to--
``(A) address cybersecurity risks and cybersecurity threats
to information systems of State, local, or Tribal
organizations; and
``(B) improve the ability of State, local, and Tribal
organizations to prevent, protect against, respond to,
mitigate, and recover from such cybersecurity risks and
cybersecurity threats.
``(2) Duties.--The committee established under paragraph
(1) shall--
``(A) submit to the Director recommendations that may
inform guidance for applicants for grants under this section;
``(B) upon the request of the Director, provide to the
Director technical assistance to inform the review of
Cybersecurity Plans submitted by applicants for grants under
this section, and, as appropriate, submit to the Director
recommendations to improve those plans prior to the approval
of the plans under subsection (i);
``(C) advise and provide to the Director input regarding
the Homeland Security Strategy to Improve Cybersecurity for
State, Local, Tribal, and Territorial Governments required
under section 2210;
``(D) upon the request of the Director, provide to the
Director recommendations, as appropriate, regarding how to--
``(i) address cybersecurity risks and cybersecurity threats
on information systems of State, local, or Tribal
organizations; and
``(ii) improve the cybersecurity resilience of State,
local, or Tribal organizations; and
``(E) regularly coordinate with the State, Local, Tribal
and Territorial Government Coordinating Council, within the
Critical Infrastructure Partnership Advisory Council,
established under section 871.
``(3) Membership.--
``(A) Number and appointment.--The State and Local
Cybersecurity Resilience Committee established pursuant to
paragraph (1) shall be composed of 15 members appointed by
the Director, as follows:
``(i) Two individuals recommended to the Director by the
National Governors Association.
``(ii) Two individuals recommended to the Director by the
National Association of State Chief Information Officers.
``(iii) One individual recommended to the Director by the
National Guard Bureau.
[[Page H5056]]
``(iv) Two individuals recommended to the Director by the
National Association of Counties.
``(v) One individual recommended to the Director by the
National League of Cities.
``(vi) One individual recommended to the Director by the
United States Conference of Mayors.
``(vii) One individual recommended to the Director by the
Multi-State Information Sharing and Analysis Center.
``(viii) One individual recommended to the Director by the
National Congress of American Indians.
``(viii) Four individuals who have educational and
professional experience relating to cybersecurity work or
cybersecurity policy.
``(B) Terms.--
``(i) In general.--Subject to clause (ii), each member of
the State and Local Cybersecurity Resilience Committee shall
be appointed for a term of two years.
``(ii) Requirement.--At least two members of the State and
Local Cybersecurity Resilience Committee shall also be
members of the State, Local, Tribal and Territorial
Government Coordinating Council, within the Critical
Infrastructure Partnership Advisory Council, established
under section 871.
``(iii) Exception.--A term of a member of the State and
Local Cybersecurity Resilience Committee shall be three years
if the member is appointed initially to the Committee upon
the establishment of the Committee.
``(iv) Term remainders.--Any member of the State and Local
Cybersecurity Resilience Committee appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed
only for the remainder of such term. A member may serve after
the expiration of such member's term until a successor has
taken office.
``(v) Vacancies.--A vacancy in the State and Local
Cybersecurity Resilience Committee shall be filled in the
manner in which the original appointment was made.
``(C) Pay.--Members of the State and Local Cybersecurity
Resilience Committee shall serve without pay.
``(4) Chairperson; vice chairperson.--The members of the
State and Local Cybersecurity Resilience Committee shall
select a chairperson and vice chairperson from among members
of the committee.
``(5) Permanent authority.--Notwithstanding section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.), the State
and Local Cybersecurity Resilience Committee shall be a
permanent authority.
``(p) Reports.--
``(1) Annual reports by grant recipients.--
``(A) In general.--Not later than one year after an
eligible entity or multistate group receives funds under this
section, the eligible entity or multistate group shall submit
to the Secretary a report on the progress of the eligible
entity or multistate group in implementing the Cybersecurity
Plan of the eligible entity or Cybersecurity Plans of the
eligible entities that comprise the multistate group, as the
case may be.
``(B) Absence of plan.--Not later than 180 days after an
eligible entity that does not have a Cybersecurity Plan
receives funds under this section for developing its
Cybersecurity Plan, the eligible entity shall submit to the
Secretary a report describing how the eligible entity
obligated and expended grant funds during the fiscal year
to--
``(i) so develop such a Cybersecurity Plan; or
``(ii) assist with the activities described in subsection
(h)(3).
``(2) Annual reports to congress.--Not less frequently than
once per year, the Secretary, acting through the Director,
shall submit to Congress a report on the use of grants
awarded under this section and any progress made toward the
following:
``(A) Achieving the objectives set forth in the Homeland
Security Strategy to Improve the Cybersecurity of State,
Local, Tribal, and Territorial Governments, upon the date on
which the strategy is issued under section 2210.
``(B) Developing, implementing, or revising Cybersecurity
Plans.
``(C) Reducing cybersecurity risks and cybersecurity
threats to information systems, applications, and user
accounts owned or operated by or on behalf of State, local,
and Tribal organizations as a result of the award of such
grants.
``(q) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) for each of fiscal years 2022 through 2026,
$500,000,000; and
``(2) for each subsequent fiscal year, such sums as may be
necessary.
``SEC. 2220B. CYBERSECURITY RESOURCE GUIDE DEVELOPMENT FOR
STATE, LOCAL, TRIBAL, AND TERRITORIAL
GOVERNMENT OFFICIALS.
``The Secretary, acting through the Director, shall
develop, regularly update, and maintain a resource guide for
use by State, local, Tribal, and territorial government
officials, including law enforcement officers, to help such
officials identify, prepare for, detect, protect against,
respond to, and recover from cybersecurity risks (as such
term is defined in section 2209), cybersecurity threats, and
incidents (as such term is defined in section 2209).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5413, is further amended by inserting after the item
relating to section 2220 the following new items:
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. Cybersecurity resource guide development for State,
local, Tribal, and territorial government officials.''.
SEC. 5423. STRATEGY.
(a) Homeland Security Strategy To Improve the Cybersecurity
of State, Local, Tribal, and Territorial Governments.--
Section 2210 of the Homeland Security Act of 2002 (6 U.S.C.
660) is amended by adding at the end the following new
subsection:
``(e) Homeland Security Strategy To Improve the
Cybersecurity of State, Local, Tribal, and Territorial
Governments.--
``(1) In general.--
``(A) Requirement.--Not later than one year after the date
of the enactment of this subsection, the Secretary, acting
through the Director, shall, in coordination with the heads
of appropriate Federal agencies, State, local, Tribal, and
territorial governments, the State and Local Cybersecurity
Resilience Committee established under section 2220A, and
other stakeholders, as appropriate, develop and make publicly
available a Homeland Security Strategy to Improve the
Cybersecurity of State, Local, Tribal, and Territorial
Governments.
``(B) Recommendations and requirements.--The strategy
required under subparagraph (A) shall--
``(i) provide recommendations relating to the ways in which
the Federal Government should support and promote the ability
of State, local, Tribal, and territorial governments to
identify, mitigate against, protect against, detect, respond
to, and recover from cybersecurity risks (as such term is
defined in section 2209), cybersecurity threats, and
incidents (as such term is defined in section 2209); and
``(ii) establish baseline requirements for cybersecurity
plans under this section and principles with which such plans
shall align.
``(2) Contents.--The strategy required under paragraph (1)
shall--
``(A) identify capability gaps in the ability of State,
local, Tribal, and territorial governments to identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents;
``(B) identify Federal resources and capabilities that are
available or could be made available to State, local, Tribal,
and territorial governments to help those governments
identify, protect against, detect, respond to, and recover
from cybersecurity risks, cybersecurity threats, incidents,
and ransomware incidents;
``(C) identify and assess the limitations of Federal
resources and capabilities available to State, local, Tribal,
and territorial governments to help those governments
identify, protect against, detect, respond to, and recover
from cybersecurity risks, cybersecurity threats, incidents,
and ransomware incidents and make recommendations to address
such limitations;
``(D) identify opportunities to improve the coordination of
the Agency with Federal and non-Federal entities, such as the
Multi-State Information Sharing and Analysis Center, to
improve--
``(i) incident exercises, information sharing and incident
notification procedures;
``(ii) the ability for State, local, Tribal, and
territorial governments to voluntarily adapt and implement
guidance in Federal binding operational directives; and
``(iii) opportunities to leverage Federal schedules for
cybersecurity investments under section 502 of title 40,
United States Code;
``(E) recommend new initiatives the Federal Government
should undertake to improve the ability of State, local,
Tribal, and territorial governments to identify, protect
against, detect, respond to, and recover from cybersecurity
risks, cybersecurity threats, incidents, and ransomware
incidents;
``(F) set short-term and long-term goals that will improve
the ability of State, local, Tribal, and territorial
governments to identify, protect against, detect, respond to,
and recover from cybersecurity risks, cybersecurity threats,
incidents, and ransomware incidents; and
``(G) set dates, including interim benchmarks, as
appropriate for State, local, Tribal, and territorial
governments to establish baseline capabilities to identify,
protect against, detect, respond to, and recover from
cybersecurity risks, cybersecurity threats, incidents, and
ransomware incidents.
``(3) Considerations.--In developing the strategy required
under paragraph (1), the Director, in coordination with the
heads of appropriate Federal agencies, State, local, Tribal,
and territorial governments, the State and Local
Cybersecurity Resilience Committee established under section
2220A, and other stakeholders, as appropriate, shall
consider--
``(A) lessons learned from incidents that have affected
State, local, Tribal, and territorial governments, and
exercises with Federal and non-Federal entities;
``(B) the impact of incidents that have affected State,
local, Tribal, and territorial governments, including the
resulting costs to such governments;
``(C) the information related to the interest and ability
of state and non-state threat actors to compromise
information systems
[[Page H5057]]
(as such term is defined in section 102 of the Cybersecurity
Act of 2015 (6 U.S.C. 1501)) owned or operated by State,
local, Tribal, and territorial governments;
``(D) emerging cybersecurity risks and cybersecurity
threats to State, local, Tribal, and territorial governments
resulting from the deployment of new technologies; and
``(E) recommendations made by the State and Local
Cybersecurity Resilience Committee established under section
2220A.
``(4) Exemption.--Chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), shall
not apply to any action to implement this subsection.''.
(b) Responsibilities of the Director of the Cybersecurity
and Infrastructure Security Agency.--Section 2202 of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Additional Responsibilities.--In addition to the
responsibilities under subsection (c), the Director shall--
``(1) develop program guidance, in consultation with the
State and Local Government Cybersecurity Resilience Committee
established under section 2220A, for the State and Local
Cybersecurity Grant Program under such section or any other
homeland security assistance administered by the Department
to improve cybersecurity;
``(2) review, in consultation with the State and Local
Cybersecurity Resilience Committee, all cybersecurity plans
of State, local, Tribal, and territorial governments
developed pursuant to any homeland security assistance
administered by the Department to improve cybersecurity;
``(3) provide expertise and technical assistance to State,
local, Tribal, and territorial government officials with
respect to cybersecurity; and
``(4) provide education, training, and capacity development
to enhance the security and resilience of cybersecurity and
infrastructure security.''.
(c) Feasibility Study.--Not later than 270 days after the
date of the enactment of this Act, the Director of the
Cybersecurity and Infrastructure Security of the Department
of Homeland Security shall conduct a study to assess the
feasibility of implementing a short-term rotational program
for the detail to the Agency of approved State, local,
Tribal, and territorial government employees in cyber
workforce positions.
SEC. 5424. CYBERSECURITY VULNERABILITIES.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) the term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501);''.
(2) in subsection (c)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) sharing mitigation protocols to counter cybersecurity
vulnerabilities pursuant to subsection (n); and''; and
(iv) in subparagraph (C), as so redesignated, by inserting
``and mitigation protocols to counter cybersecurity
vulnerabilities in accordance with subparagraph (B)'' before
``with Federal'';
(B) in paragraph (7)(C), by striking ``sharing'' and
inserting ``share''; and
(C) in paragraph (9), by inserting ``mitigation protocols
to counter cybersecurity vulnerabilities,'' after
``measures,'';
(3) in subsection (e)(1)(G), by striking the semicolon
after ``and'' at the end;
(4) by redesignating subsection (o) as subsection (p); and
(5) by inserting after subsection (n) following new
subsection:
``(o) Protocols to Counter Certain Cybersecurity
Vulnerabilities.--The Director may, as appropriate, identify,
develop, and disseminate actionable protocols to mitigate
cybersecurity vulnerabilities to information systems and
industrial control systems, including in circumstances in
which such vulnerabilities exist because software or hardware
is no longer supported by a vendor.''.
SEC. 5425. CAPABILITIES OF THE CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY TO IDENTIFY
THREATS TO INDUSTRIAL CONTROL SYSTEMS.
(a) In General.--Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (G), by striking ``and;'' after the
semicolon;
(B) in subparagraph (H), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(I) activities of the Center address the security of both
information technology and operational technology, including
industrial control systems;''; and
(2) by adding at the end the following new subsection:
``(p) Industrial Control Systems.--The Director shall
maintain capabilities to identify and address threats and
vulnerabilities to products and technologies intended for use
in the automated control of critical infrastructure
processes. In carrying out this subsection, the Director
shall--
``(1) lead Federal Government efforts, in consultation with
Sector Risk Management Agencies, as appropriate, to identify
and mitigate cybersecurity threats to industrial control
systems, including supervisory control and data acquisition
systems;
``(2) maintain threat hunting and incident response
capabilities to respond to industrial control system
cybersecurity risks and incidents;
``(3) provide cybersecurity technical assistance to
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control system stakeholders to identify, evaluate,
assess, and mitigate vulnerabilities;
``(4) collect, coordinate, and provide vulnerability
information to the industrial control systems community by,
as appropriate, working closely with security researchers,
industry end-users, product manufacturers, Sector Risk
Management Agencies, other Federal agencies, and other
industrial control systems stakeholders; and
``(5) conduct such other efforts and assistance as the
Secretary determines appropriate.''.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act and every six months
thereafter during the subsequent 4-year period, the Director
of the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security shall provide to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a briefing on the
industrial control systems capabilities of the Agency under
section 2209 of the Homeland Security Act of 2002 (6 U.S.C.
659), as amended by subsection (a).
(c) GAO Review.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall review implementation of the requirements
of subsections (e)(1)(I) and (p) of section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659), as amended by
subsection (a), and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that includes findings and recommendations relating to
such implementation. Such report shall include information on
the following:
(1) Any interagency coordination challenges to the ability
of the Director of the Cybersecurity and Infrastructure
Agency of the Department of Homeland Security to lead Federal
efforts to identify and mitigate cybersecurity threats to
industrial control systems pursuant to subsection (p)(1) of
such section.
(2) The degree to which the Agency has adequate capacity,
expertise, and resources to carry out threat hunting and
incident response capabilities to mitigate cybersecurity
threats to industrial control systems pursuant to subsection
(p)(2) of such section, as well as additional resources that
would be needed to close any operational gaps in such
capabilities.
(3) The extent to which industrial control system
stakeholders sought cybersecurity technical assistance from
the Agency pursuant to subsection (p)(3) of such section, and
the utility and effectiveness of such technical assistance.
(4) The degree to which the Agency works with security
researchers and other industrial control systems
stakeholders, pursuant to subsection (p)(4) of such section,
to provide vulnerability information to the industrial
control systems community.
SEC. 5426. REPORT ON CYBERSECURITY VULNERABILITIES.
(a) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
how the Agency carries out subsection (n) of section 2209 of
the Homeland Security Act of 2002 to coordinate vulnerability
disclosures, including disclosures of cybersecurity
vulnerabilities (as such term is defined in such section),
and subsection (o) of such section (as added by section 5324)
to disseminate actionable protocols to mitigate cybersecurity
vulnerabilities to information systems and industrial control
systems, that include the following:
(1) A description of the policies and procedures relating
to the coordination of vulnerability disclosures.
(2) A description of the levels of activity in furtherance
of such subsections (n) and (o) of such section 2209.
(3) Any plans to make further improvements to how
information provided pursuant to such subsections can be
shared (as such term is defined in such section 2209) between
the Department and industry and other stakeholders.
[[Page H5058]]
(4) Any available information on the degree to which such
information was acted upon by industry and other
stakeholders.
(5) A description of how privacy and civil liberties are
preserved in the collection, retention, use, and sharing of
vulnerability disclosures.
(b) Form.--The report required under subsection (b) shall
be submitted in unclassified form but may contain a
classified annex.
SEC. 5427. COMPETITION RELATING TO CYBERSECURITY
VULNERABILITIES.
The Under Secretary for Science and Technology of the
Department of Homeland Security, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department, may establish an incentive-based
program that allows industry, individuals, academia, and
others to compete in identifying remediation solutions for
cybersecurity vulnerabilities (as such term is defined in
section 2209 of the Homeland Security Act of 2002, as amended
by section 5325) to information systems (as such term is
defined in such section 2209) and industrial control systems,
including supervisory control and data acquisition systems.
SEC. 5428. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by
section 5322 of this Act, is further amended by adding at the
end the following new section:
``SEC. 2220C. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section
as the `Exercise Program') to evaluate the National Cyber
Incident Response Plan, and other related plans and
strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments, including credible
threats, vulnerabilities, and consequences;
``(ii) designed, to the extent practicable, to simulate the
partial or complete incapacitation of a government or
critical infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the systematic evaluation
of cyber readiness and enhance operational understanding of
the cyber incident response system and relevant information-
sharing agreements; and
``(iv) designed to promptly develop after-action reports
and plans that can quickly incorporate lessons learned into
future operations.
``(B) Model exercise selection.--The Exercise Program
shall--
``(i) include a selection of model exercises that
government and private entities can readily adapt for use;
and
``(ii) aid such governments and private entities with the
design, implementation, and evaluation of exercises that--
``(I) conform to the requirements described in subparagraph
(A);
``(II) are consistent with any applicable national, State,
local, or Tribal strategy or plan; and
``(III) provide for systematic evaluation of readiness.
``(3) Consultation.--In carrying out the Exercise Program,
the Director may consult with appropriate representatives
from Sector Risk Management Agencies, cybersecurity research
stakeholders, and Sector Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002, as amended by
section 5422 of this Act, is further amended by adding after
the item relating to section 2220B the following new item:
``Sec. 2220C. National Cyber Exercise Program.''.
Subtitle C--Transportation Security
SEC. 5431. SURVEY OF THE TRANSPORTATION SECURITY
ADMINISTRATION WORKFORCE REGARDING COVID-19
RESPONSE.
(a) Survey.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the
Transportation Security Administration (referred to in this
section as the ``Administrator''), in consultation with the
labor organization certified as the exclusive representative
of full- and part-time nonsupervisory Administration
personnel carrying out screening functions under section
44901 of title 49, United States Code, shall conduct a survey
of the Transportation Security Administration (referred to in
this section as the ``Administration'') workforce regarding
the Administration's response to the COVID-19 pandemic. Such
survey shall be conducted in a manner that allows for the
greatest practicable level of workforce participation.
(b) Contents.--In conducting the survey required under
subsection (a), the Administrator shall solicit feedback on
the following:
(1) The Administration's communication and collaboration
with the Administration's workforce regarding the
Administration's response to the COVID-19 pandemic and
efforts to mitigate and monitor transmission of COVID-19
among its workforce, including through--
(A) providing employees with personal protective equipment
and mandating its use;
(B) modifying screening procedures and Administration
operations to reduce transmission among officers and
passengers and ensuring compliance with such changes;
(C) adjusting policies regarding scheduling, leave, and
telework;
(D) outreach as a part of contact tracing when an employee
has tested positive for COVID-19; and
(E) encouraging COVID-19 vaccinations and efforts to assist
employees that seek to be vaccinated such as communicating
the availability of duty time for travel to vaccination sites
and recovery from vaccine side effects.
(2) Any other topic determined appropriate by the
Administrator.
(c) Report.--Not later than 30 days after completing the
survey required under subsection (a), the Administration
shall provide a report summarizing the results of the survey
to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 5432. TRANSPORTATION SECURITY PREPAREDNESS PLAN.
(a) Plan Required.--Section 114 of title 49, United States
Code, is amended by adding at the end the following new
subsection:
``(x) Transportation Security Preparedness Plan.--
``(1) In general.--Not later than two years after the date
of the enactment of this subsection, the Secretary of
Homeland Security, acting through the Administrator, in
coordination with the Chief Medical Officer of the Department
of Homeland Security and in consultation with the partners
identified under paragraphs (3)(A)(i) through (3)(A)(iv),
shall develop a transportation security preparedness plan to
address the event of a communicable disease outbreak. The
Secretary, acting through the Administrator, shall ensure
such plan aligns with relevant Federal plans and strategies
for communicable disease outbreaks.
``(2) Considerations.--In developing the plan required
under paragraph (1), the Secretary, acting through the
Administrator, shall consider each of the following:
``(A) The findings of the survey required under section
5331 of the National Defense Authorization Act for Fiscal
Year 2022.
``(B) All relevant reports and recommendations regarding
the Administration's response to the COVID-19 pandemic,
including any reports and recommendations issued by the
Comptroller General and the Inspector General of the
Department of Homeland Security.
``(C) Lessons learned from Federal interagency efforts
during the COVID-19 pandemic.
``(3) Contents of plan.--The plan developed under paragraph
(1) shall include each of the following:
``(A) Plans for communicating and collaborating in the
event of a communicable disease outbreak with the following
partners:
``(i) Appropriate Federal departments and agencies,
including the Department of Health and Human Services, the
Centers for Disease Control and Prevention, the Department of
Transportation, the Department of Labor, and appropriate
interagency task forces.
``(ii) The workforce of the Administration, including
through the labor organization certified as the exclusive
representative of full- and part-time non-supervisory
Administration personnel carrying out screening functions
under section 44901 of this title.
``(iii) International partners, including the International
Civil Aviation Organization and foreign governments,
airports, and air carriers.
``(iv) Public and private stakeholders, as such term is
defined under subsection (t)(1)(C).
``(v) The traveling public.
``(B) Plans for protecting the safety of the Transportation
Security Administration workforce, including--
``(i) reducing the risk of communicable disease
transmission at screening checkpoints and within the
Administration's workforce related to the Administration's
transportation security operations and mission;
``(ii) ensuring the safety and hygiene of screening
checkpoints and other workstations;
``(iii) supporting equitable and appropriate access to
relevant vaccines, prescriptions, and other medical care; and
``(iv) tracking rates of employee illness, recovery, and
death.
``(C) Criteria for determining the conditions that may
warrant the integration of additional actions in the aviation
screening system in response to the communicable disease
outbreak and a range of potential roles and responsibilities
that align with such conditions.
``(D) Contingency plans for temporarily adjusting
checkpoint operations to provide for passenger and employee
safety while maintaining security during the communicable
disease outbreak.
``(E) Provisions setting forth criteria for establishing an
interagency task force or other standing engagement platform
with
[[Page H5059]]
other appropriate Federal departments and agencies, including
the Department of Health and Human Services and the
Department of Transportation, to address such communicable
disease outbreak.
``(F) A description of scenarios in which the Administrator
should consider exercising authorities provided under
subsection (g) and for what purposes.
``(G) Considerations for assessing the appropriateness of
issuing security directives and emergency amendments to
regulated parties in various modes of transportation,
including surface transportation, and plans for ensuring
compliance with such measures.
``(H) A description of any potential obstacles, including
funding constraints and limitations to authorities, that
could restrict the ability of the Administration to respond
appropriately to a communicable disease outbreak.
``(4) Dissemination.--Upon development of the plan required
under paragraph (1), the Administrator shall disseminate the
plan to the partners identified under paragraph (3)(A) and to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(5) Review of plan.--Not later than two years after the
date on which the plan is disseminated under paragraph (4),
and biennially thereafter, the Secretary, acting through the
Administrator and in coordination with the Chief Medical
Officer of the Department of Homeland Security, shall review
the plan and, after consultation with the partners identified
under paragraphs (3)(A)(i) through (3)(A)(iv), update the
plan as appropriate.''.
(b) Comptroller General Report.--Not later than 1 year
after the date on which the transportation security
preparedness plan required under subsection (x) of section
114 of title 49, United States Code, as added by subsection
(a), is disseminated under paragraph (4) of such subsection
(x), the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results
of a study assessing the transportation security preparedness
plan, including an analysis of--
(1) whether such plan aligns with relevant Federal plans
and strategies for communicable disease outbreaks; and
(2) the extent to which the Transportation Security
Administration is prepared to implement the plan.
SEC. 5433. AUTHORIZATION OF TRANSPORTATION SECURITY
ADMINISTRATION PERSONNEL DETAILS.
(a) Coordination.--Pursuant to sections 106(m) and 114(m)
of title 49, United States Code, the Administrator of the
Transportation Security Administration may provide
Transportation Security Administration personnel, who are not
engaged in front line transportation security efforts, to
other components of the Department and other Federal agencies
to improve coordination with such components and agencies to
prepare for, protect against, and respond to public health
threats to the transportation security system of the United
States.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall brief the
appropriate congressional committees regarding efforts to
improve coordination with other components of the Department
of Homeland Security and other Federal agencies to prepare
for, protect against, and respond to public health threats to
the transportation security system of the United States.
SEC. 5434. TRANSPORTATION SECURITY ADMINISTRATION
PREPAREDNESS.
(a) Analysis.--
(1) In general.--The Administrator of the Transportation
Security Administration shall conduct an analysis of
preparedness of the transportation security system of the
United States for public health threats. Such analysis shall
assess, at a minimum, the following:
(A) The risks of public health threats to the
transportation security system of the United States,
including to transportation hubs, transportation security
stakeholders, Transportation Security Administration (TSA)
personnel, and passengers.
(B) Information sharing challenges among relevant
components of the Department, other Federal agencies,
international entities, and transportation security
stakeholders.
(C) Impacts to TSA policies and procedures for securing the
transportation security system.
(2) Coordination.--The analysis conducted of the risks
described in paragraph (1)(A) shall be conducted in
coordination with the Chief Medical Officer of the Department
of Homeland Security, the Secretary of Health and Human
Services, and transportation security stakeholders.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall brief the
appropriate congressional committees on the following:
(1) The analysis required under subsection (a).
(2) Technologies necessary to combat public health threats
at security screening checkpoints to better protect from
future public health threats TSA personnel, passengers,
aviation workers, and other personnel authorized to access
the sterile area of an airport through such checkpoints, and
the estimated cost of technology investments needed to fully
implement across the aviation system solutions to such
threats.
(3) Policies and procedures implemented by TSA and
transportation security stakeholders to protect from public
health threats TSA personnel, passengers, aviation workers,
and other personnel authorized to access the sterile area
through the security screening checkpoints, as well as future
plans for additional measures relating to such protection.
(4) The role of TSA in establishing priorities, developing
solutions, and coordinating and sharing information with
relevant domestic and international entities during a public
health threat to the transportation security system, and how
TSA can improve its leadership role in such areas.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``sterile area'' has the meaning given such
term in section 1540.5 of title 49, Code of Federal
Regulations.
(3) The term ``TSA'' means the Transportation Security
Administration.
SEC. 5435. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT
PASSENGER SCREENING CHECKPOINTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator, in coordination
with the Chief Medical Officer of the Department of Homeland
Security, and in consultation with the Secretary of Health
and Human Services and the Director of the Centers for
Disease Control and Prevention, shall issue and commence
implementing a plan to enhance, as appropriate, security
operations at airports during the COVID-19 national emergency
in order to reduce risk of the spread of the coronavirus at
passenger screening checkpoints and among the TSA workforce.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) An identification of best practices developed in
response to the coronavirus among foreign governments,
airports, and air carriers conducting aviation security
screening operations, as well as among Federal agencies
conducting similar security screening operations outside of
airports, including in locations where the spread of the
coronavirus has been successfully contained, that could be
further integrated into the United States aviation security
system.
(2) Specific operational changes to aviation security
screening operations informed by the identification of best
practices under paragraph (1) that could be implemented
without degrading aviation security and a corresponding
timeline and costs for implementing such changes.
(c) Considerations.--In carrying out the identification of
best practices under subsection (b), the Administrator shall
take into consideration the following:
(1) Aviation security screening procedures and practices in
place at security screening locations, including procedures
and practices implemented in response to the coronavirus.
(2) Volume and average wait times at each such security
screening location.
(3) Public health measures already in place at each such
security screening location.
(4) The feasibility and effectiveness of implementing
similar procedures and practices in locations where such are
not already in place.
(5) The feasibility and potential benefits to security,
public health, and travel facilitation of continuing any
procedures and practices implemented in response to the
COVID-19 national emergency beyond the end of such emergency.
(d) Consultation.--In developing the plan required under
subsection (a), the Administrator may consult with public and
private stakeholders and the TSA workforce, including through
the labor organization certified as the exclusive
representative of full- and part-time nonsupervisory TSA
personnel carrying out screening functions under section
44901 of title 49, United States Code.
(e) Submission.--Upon issuance of the plan required under
subsection (a), the Administrator shall submit the plan to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(f) Issuance and Implementation.--The Administrator shall
not be required to issue or implement, as the case may be,
the plan required under subsection (a) upon the termination
of the COVID-19 national emergency except to the extent the
Administrator determines such issuance or implementation, as
the case may be, to be feasible and beneficial to security
screening operations.
(g) GAO Review.--Not later than 1 year after the issuance
of the plan required under subsection (a) (if such plan is
issued in accordance with subsection (f)), the Comptroller
General of the United States shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a review, if appropriate, of such plan and any efforts
to implement such plan.
(h) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Transportation Security Administration.
[[Page H5060]]
(2) The term ``coronavirus'' has the meaning given such
term in section 506 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 (Public Law
116-123).
(3) The term ``COVID-19 national emergency'' means the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) on March
13, 2020, with respect to the coronavirus.
(4) The term ``public and private stakeholders'' has the
meaning given such term in section 114(t)(1)(C) of title 49,
United States Code.
(5) The term ``TSA'' means the Transportation Security
Administration.
SEC. 5436. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF
HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a review of Department of Homeland Security trusted
traveler programs. Such review shall examine the following:
(1) The extent to which the Department of Homeland Security
tracks data and monitors trends related to trusted traveler
programs, including root causes for identity-matching errors
resulting in an individual's enrollment in a trusted traveler
program being reinstated.
(2) Whether the Department coordinates with the heads of
other relevant Federal, State, local, Tribal, or territorial
entities regarding redress procedures for disqualifying
offenses not covered by the Department's own redress
processes but which offenses impact an individual's
enrollment in a trusted traveler program.
(3) How the Department may improve individuals' access to
reconsideration procedures regarding a disqualifying offense
for enrollment in a trusted traveler program that requires
the involvement of any other Federal, State, local, Tribal,
or territorial entity.
(4) The extent to which travelers are informed about
reconsideration procedures regarding enrollment in a trusted
traveler program.
SEC. 5437. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF
HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS.
Notwithstanding any other provision of law, the Secretary
of Homeland Security shall, with respect to an individual
whose enrollment in a trusted traveler program was revoked in
error extend by an amount of time equal to the period of
revocation the period of active enrollment in such a program
upon reenrollment in such a program by such an individual.
SEC. 5438. THREAT INFORMATION SHARING.
(a) Prioritization.--The Secretary of Homeland Security
shall prioritize the assignment of officers and intelligence
analysts under section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h) from the Transportation Security
Administration and, as appropriate, from the Office of
Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and
regional fusion centers in jurisdictions with a high-risk
surface transportation asset in order to enhance the security
of such assets, including by improving timely sharing, in a
manner consistent with the protection of privacy rights,
civil rights, and civil liberties, of information regarding
threats of terrorism and other threats, including targeted
violence.
(b) Intelligence Products.--Officers and intelligence
analysts assigned to locations with participating State,
local, and regional fusion centers under this section shall
participate in the generation and dissemination of
transportation security intelligence products, with an
emphasis on such products that relate to threats of terrorism
and other threats, including targeted violence, to surface
transportation assets that--
(1) assist State, local, and Tribal law enforcement
agencies in deploying their resources, including personnel,
most efficiently to help detect, prevent, investigate,
apprehend, and respond to such threats;
(2) promote more consistent and timely sharing with and
among jurisdictions of threat information; and
(3) enhance the Department of Homeland Security's
situational awareness of such threats.
(c) Clearances.--The Secretary of Homeland Security shall
make available to appropriate owners and operators of surface
transportation assets, and to any other person that the
Secretary determines appropriate to foster greater sharing of
classified information relating to threats of terrorism and
other threats, including targeted violence, to surface
transportation assets, the process of application for
security clearances under Executive Order No. 13549 (75 Fed.
Reg. 162; relating to a classified national security
information program) or any successor Executive order.
(d) GAO Report.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
review of the implementation of this section, together with
any recommendations to improve information sharing with
State, local, Tribal, territorial, and private sector
entities to prevent, identify, and respond to threats of
terrorism and other threats, including targeted violence, to
surface transportation assets.
(e) Definitions.--In this section:
(1) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide
transportation services by--
(A) a public transportation agency (as such term is defined
in section 1402(5) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1131(5)));
(B) a railroad carrier (as such term is defined in section
20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus (as such term is
defined in section 1501(4) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(2) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in
order to inflict mass injury or death with no discernable
political or ideological motivation beyond mass injury or
death.
(3) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in section
2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code).
SEC. 5439. LOCAL LAW ENFORCEMENT SECURITY TRAINING.
(a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may
in a manner consistent with the protection of privacy rights,
civil rights, and civil liberties, develop, through the
Federal Law Enforcement Training Centers, a training program
to enhance the protection, preparedness, and response
capabilities of law enforcement agencies with respect to
threats of terrorism and other threats, including targeted
violence, at a surface transportation asset.
(b) Requirements.--If the Secretary of Homeland Security
develops the training program described in subsection (a),
such training program shall--
(1) be informed by current information regarding tactics
used by terrorists and others engaging in targeted violence;
(2) include tactical instruction tailored to the diverse
nature of the surface transportation asset operational
environment; and
(3) prioritize training officers from law enforcement
agencies that are eligible for or receive grants under
sections 2003 or 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605) and officers employed by railroad
carriers that operate passenger service, including interstate
passenger service.
(c) Definitions.--In this section:
(1) The term ``public and private sector stakeholders'' has
the meaning given such term in section 114(u)(1)(c) of title
49, United States Code.
(2) The term ``surface transportation asset'' includes
facilities, equipment, or systems used to provide
transportation services by--
(A) a public transportation agency (as such term is defined
in section 1402(5) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1131(5)));
(B) a railroad carrier (as such term is defined in section
20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus (as such term is
defined in section 1501(4) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems,
as determined by the Secretary.
(3) The term ``targeted violence'' means an incident of
violence in which an attacker selected a particular target in
order to inflict mass injury or death with no discernable
political or ideological motivation beyond mass injury or
death.
(4) The term ``terrorism'' means the terms--
(A) domestic terrorism (as such term is defined in section
2331(5) of title 18, United States Code); and
(B) international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code).
SEC. 5440. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION
SECURITY ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2); Public Law 110-53) is amended by inserting ``and
associated backfill'' after ``security training''.
SEC. 5441. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION
SECURITY ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53)
is amended--
(1) by redesignating subsection (m) as subsection (n); and
[[Page H5061]]
(2) by inserting after subsection (l) the following new
subsection:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2),
funds provided pursuant to a grant awarded under this section
for a use specified in subsection (b) shall remain available
for use by a grant recipient for a period of not fewer than
36 months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in
subparagraph (M) or (N) of subsection (b)(1) shall remain
available for use by a grant recipient for a period of not
fewer than 55 months.''.
SEC. 5442. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANT PROGRAM.
(a) In General.--The Comptroller General of the United
States shall conduct a review of the public transportation
security assistance grant program under section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall
include the following:
(1) An assessment of the type of projects funded under the
public transportation security grant program referred to in
such paragraph.
(2) An assessment of the manner in which such projects
address threats to public transportation infrastructure.
(3) An assessment of the impact, if any, of sections 5342
through 5345 (including the amendments made by this Act) on
types of projects funded under the public transportation
security assistance grant program.
(4) An assessment of the management and administration of
public transportation security assistance grant program funds
by grantees.
(5) Recommendations to improve the manner in which public
transportation security assistance grant program funds
address vulnerabilities in public transportation
infrastructure.
(6) Recommendations to improve the management and
administration of the public transportation security
assistance grant program.
(c) Report.--Not later than one year after the date of the
enactment of this Act and again not later than five years
after such date of enactment, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on the review required under this section.
SEC. 5443. SENSITIVE SECURITY INFORMATION; INTERNATIONAL
AVIATION SECURITY.
(a) Sensitive Security Information.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall--
(A) ensure clear and consistent designation of ``Sensitive
Security Information'', including reasonable security
justifications for such designation;
(B) develop and implement a schedule to regularly review
and update, as necessary, TSA Sensitive Security Information
identification guidelines;
(C) develop a tracking mechanism for all Sensitive Security
Information redaction and designation challenges;
(D) document justifications for changes in position
regarding Sensitive Security Information redactions and
designations, and make such changes accessible to TSA
personnel for use with relevant stakeholders, including air
carriers, airport operators, surface transportation
operators, and State and local law enforcement, as necessary;
and
(E) ensure that TSA personnel are adequately trained on
appropriate designation policies.
(2) Stakeholder outreach.--Not later than 180 days after
the date of the enactment of this Act, the Administrator of
the Transportation Security Administration (TSA) shall
conduct outreach to relevant stakeholders described in
paragraph (1)(D) that regularly are granted access to
Sensitive Security Information to raise awareness of the
TSA's policies and guidelines governing the designation and
use of Sensitive Security Information.
(b) International Aviation Security.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall develop and
implement guidelines with respect to last point of departure
airports to--
(A) ensure the inclusion, as appropriate, of air carriers
and other transportation security stakeholders in the
development and implementation of security directives and
emergency amendments;
(B) document input provided by air carriers and other
transportation security stakeholders during the security
directive and emergency amendment, development, and
implementation processes;
(C) define a process, including timeframes, and with the
inclusion of feedback from air carriers and other
transportation security stakeholders, for cancelling or
incorporating security directives and emergency amendments
into security programs;
(D) conduct engagement with foreign partners on the
implementation of security directives and emergency
amendments, as appropriate, including recognition if existing
security measures at a last point of departure airport are
found to provide commensurate security as intended by
potential new security directives and emergency amendments;
and
(E) ensure that new security directives and emergency
amendments are focused on defined security outcomes.
(2) Briefing to congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the guidelines described in
paragraph (1).
(3) Decisions not subject to judicial review.--
Notwithstanding any other provision of law, any action of the
Administrator of the Transportation Security Administration
under paragraph (1) is not subject to judicial review.
amendment no. 428 offered by mr. thompson of pennsylvania
At the end of subtitle J of title V, add the following:
SEC. __. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN
DEPARTMENT OF THE NAVY.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report
detailing the processing of Requests for Equitable Adjustment
by the Department of the Navy, including progress in
complying with the covered directive.
(b) Contents.--The report required under subsection (a)
shall include, at a minimum, the following:
(1) The number of Requests for Equitable Adjustment
submitted since October 1, 2011.
(2) The organizations within the Department of the Navy to
which such Requests were submitted.
(3) The number of Requests for Equitable Adjustment
outstanding as of the date of the enactment of this Act.
(4) The number of Requests for Equitable Adjustment agreed
to but not paid as of the date of the enactment of this Act,
including a description of why each such Request has not been
paid.
(5) A detailed explanation of the efforts by the Department
of the Navy to ensure compliance with the covered directive.
(c) Covered Directive Defined.--In this section, the term
``covered directive'' means the directive of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, dated March 20, 2020, directing payment of all
settled Requests for Equitable Adjustment and the expeditious
resolution of all remaining Requests for Equitable
Adjustment.
amendment no. 429 offered by mr. tiffany of wisconsin
At the end of subtitle D of title XII, add the following:
SEC. ___. COOPERATION BETWEEN THE UNITED STATES AND UKRAINE
REGARDING THE TITANIUM INDUSTRY.
(a) Sense of Congress.--It is the sense of the Congress
that cooperation in the titanium industry is a strategic
priority in United States-Ukraine relations.
(b) Statement of Policy.--It is the policy of the United
States to engage with the government of Ukraine in
cooperation in the titanium industry as an alternative to
Chinese and Russian sources on which the United States and
European defense industrial bases currently depend.
(c) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report that describes the feasibility of
utilizing titanium sources from Ukraine as a potential
alternative to Chinese and Russian sources for the defense
industrial base.
(d) Form.--The report required by subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
Committees on Armed Services and on Foreign Relations of the
Senate and the Committees on Armed Services and on Foreign
Affairs of the House of Representatives.
amendment no. 430 offered by ms. titus of nevada
At the appropriate place in title LX of division E, insert
the following:
SEC. __. REPORT ON ASSISTANCE TO TURKMENISTAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on the impact of assistance
provided to Turkmenistan that includes the following:
(1) A description of assistance provided or intended to be
provided to Turkmenistan.
(2) A description of the objectives, and progress meeting
such objectives, of such assistance, including as it relates
to a strategy on United States engagement with Turkmenistan.
(3) An assessment of the impact on public health outcomes
related to COVID-19 in Turkmenistan.
(4) A description of metrics and evidence used to measure
such outcomes.
[[Page H5062]]
amendment no. 431 offered by ms. titus of nevada
Page 971, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 1325. REPORT THE GREY WOLVES ORGANIZATION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate Congressional committees a report that contains
the following:
(1) A detailed report of the activities of the Grey Wolves
organization (AKA Bozkurtlar & Ulku Ocaklar() undertaken
against U.S. interests, allies, and international partners,
including a review of the criteria met for designation as a
foreign terrorist organization as set forth in section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189).
(2) A determination as to whether the Grey Wolves meet the
criteria for designation as a foreign terrorist organization
as set forth in section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and should be designated as
such by the Secretary of State.
(3) If the Secretary of State determines that the Grey
Wolves do not meet the criteria set forth under section 219
of the Immigration and Nationality Act (8 U.S.C. 1189), a
detailed justification as to which criteria have not been
met.
amendment no. 432 offered by ms. tlaib of michigan
Page 243, after line 11, insert the following:
(3) Addressing concerns regarding housing discrimination
against individuals based on race, ethnicity, sex, gender
identity, religion, or employment.
amendment no. 433 offered by ms. tlaib of michigan
Page 451, line 22, insert ``islamophobic,'' after ``anti-
Semitic,''.
Page 453, line 9, insert ``islamophobic,'' after ``anti-
Semitic,''.
amendment no. 434 offered by ms. tlaib of michigan
At the end of subtitle B of title XIII, add the following:
SEC. 13__. PLAN FOR VETTING SECURITY ASSISTANCE PARTICIPANTS
FOR PARTICIPATION IN GROUPS THAT HAVE A VIOLENT
IDEOLOGY.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate congressional committees a plan for vetting
the potential for United States security assistance provided
to units of foreign national security forces to be received
by groups or individuals that have a violent ideology,
including those that are white identity terrorist, anti-
semitic, or islamophobic, that includes a comprehensive plan
and strategy for how the Department will--
(1) vet recipients of United States security assistance for
ties to groups that have violent ideologies, including those
that are white identity terrorist, anti-semitic, or
islamophobic;
(2) develop vetting to flag recipients of United States
training, or others that have a relationship with the
Department of Defense, for affiliation with groups that have
violent ideologies, including those that are white identity
terrorist, anti-semitic, or islamophobic;
(3) deny security assistance to recipients flagged by the
vetting techniques developed pursuant to paragraph (2);
(4) inform local partner governments of the reasons why
assistance was denied and encourage them to take steps to
rectify the situation; and
(5) maintain and update existing databases with
institutions and groups flagged by the vetting techniques
developed pursuant to paragraph (2).
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
amendment no. 436 offered by mrs. torres of california
At the end of title XIII of division A, add the following:
Subtitle D--Central American Women and Children Protection Act of 2021
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ``Central American Women
and Children Protection Act of 2021''.
SEC. 1332. FINDINGS.
Congress finds the following:
(1) The Northern Triangle countries of El Salvador,
Guatemala, and Honduras have among the highest homicide rates
in the world. In 2020, there were--
(A) 19.7 homicides per 100,000 people in El Salvador;
(B) 15.4 homicides per 100,000 people in Guatemala; and
(C) 37.6 homicides per 100,000 people in Honduras.
(2) El Salvador, Guatemala, and Honduras are characterized
by a high prevalence of drug- and gang-related violence,
murder, and crimes involving sexual- and gender-based
violence against women and children, including domestic
violence, child abuse, and sexual assault.
(3) In 2019, El Salvador, Guatemala, and Honduras were all
listed among the 7 countries in the Latin America and
Caribbean region with the highest rates of femicides (the
intentional killing of women or girls because of their
gender). In 2019--
(A) 113 women in El Salvador were victims of femicide;
(B) 160 women in Guatemala were victims of femicide; and
(C) 299 women in Honduras were victims of femicide or
violent homicide.
(4) In 2015, El Salvador and Honduras were among the top 3
countries in the world with the highest child homicides
rates, with more than 22 and 32 deaths per 100,000 children,
respectively, according to the nongovernmental organization
Save the Children.
(5) Thousands of women, children, and families from El
Salvador, Guatemala, and Honduras fled unsafe homes and
communities in 2019.
(6) Violent crimes against women and children are generally
assumed to be substantially under-reported because the
majority of victims lack safe access to protection and
justice.
(7) Impunity for perpetrators of violence against women is
rampant in El Salvador, Guatemala, and Honduras. There was a
5 percent conviction rate for violence against women in El
Salvador in 2016 and 2017. The impunity level for violence
against women in Guatemala was 97.05 percent in 2018. In
2018, there was an impunity rate of 95 percent for violence
against women in Honduras.
(8) According to a study conducted by the Woodrow Wilson
International Center for Scholars--
(A) childhood experiences with domestic violence in Latin
America are a major risk factor for future criminal behavior;
and
(B) 56 percent of incarcerated women and 59 percent of
incarcerated men surveyed experienced intra-familial violence
during childhood.
SEC. 1333. WOMEN AND CHILDREN PROTECTION COMPACTS.
(a) Authorization to Enter Into Compacts.--The President,
in coordination with the Secretary of State and the
Administrator of the United States Agency for International
Development, is authorized to enter into multi-year,
bilateral agreements of not longer than 6 years in duration,
developed in conjunction with the governments of El Salvador,
Guatemala, and Honduras (referred to in this subtitle as
``Compact Countries''). Such agreements shall be known as
Women and Children Protection Compacts (referred to in this
subtitle as ``Compacts'').
(b) Purpose.--Each Compact shall--
(1) set out the shared goals and objectives of the United
States and the government of the Compact Country; and
(2) be aimed at strengthening the Compact Country's
efforts--
(A) to strengthen criminal justice and civil court systems
to protect women and children and serve victims of domestic
violence, sexual violence, and child exploitation and
neglect, and hold perpetrators accountable;
(B) to secure, create, and sustain safe communities,
building on best practices to prevent and deter violence
against women and children;
(C) to ensure that schools are safe and promote the
prevention and early detection of domestic abuse against
women and children within communities; and
(D) to increase access to high-quality, life-saving health
care, including post-rape and dignity kits, psychosocial
support, and dedicated spaces and shelters for gender-based
violence survivors, in accordance with international
standards.
(c) Compact Elements.--Each Compact shall--
(1) establish a 3- to 6-year cooperative strategy and
assistance plan for achieving the shared goals and objectives
articulated in such Compact;
(2) be informed by the assessments of--
(A) the areas within the Compact Country experiencing the
highest incidence of violence against women and children;
(B) the ability of women and children to access protection
and obtain effective judicial relief; and
(C) the judicial capacity to respond to reports within the
Compact Country of femicide, sexual and domestic violence,
and child exploitation and neglect, and to hold the
perpetrators of such criminal acts accountable;
(3) seek to address the driving forces of violence against
women and children, which shall include efforts to break the
binding constraints to inclusive economic growth and access
to justice;
(4) identify clear and measurable goals, objectives, and
benchmarks under the Compact to detect, deter and respond to
violence against women and children;
(5) set out clear roles, responsibilities, and objectives
under the Compact, which shall include a description of the
anticipated policy and financial commitments of the central
government of the Compact Country;
(6) seek to leverage and deconflict contributions and
complementary programming by other donors, international
organizations, multilateral institutions, regional
organizations, nongovernmental organizations, and the private
sector, as appropriate;
(7) include a description of the metrics and indicators to
monitor and measure progress toward achieving the goals,
objectives, and benchmarks under the Compact, including
reductions in the prevalence of femicide, sexual assault,
domestic violence, and child abuse and neglect;
[[Page H5063]]
(8) provide for the conduct of an impact evaluation not
later than 1 year after the conclusion of the Compact; and
(9) provide for a full accounting of all funds expended
under the Compact, which shall include full audit authority
for the Office of the Inspector General of the Department of
State, the Office of the Inspector General of the United
States Agency for International Development, and the
Government Accountability Office, as appropriate.
(d) Sunset.--The authority to enter into Compacts under
this subtitle shall expire on September 30, 2023.
SEC. 1334. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--The President, in coordination with the
Secretary of State and the Administrator of the United States
Agency for International Development, is authorized to
provide assistance under this section.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $25,000,000 for each of the fiscal years
2022 and 2023 to carry out this subtitle.
(c) Implementers.--Assistance authorized under subsection
(a) may be provided through grants, cooperative agreements,
contracts or other innovative financing instruments to civil
society, international organizations, or other private
entities with relevant expertise.
(d) Prohibition on Funding to Central Governments.--No
funds appropriated pursuant to subsection (b) may be provided
as direct budgetary support to the Government of El Salvador,
the Government of Guatemala, or the Government of Honduras.
(e) Suspension of Assistance.--
(1) In general.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, may suspend or terminate
assistance authorized under this subtitle if the Secretary
determines that the Compact Country or implementing entity--
(A) is engaged in activities that are contrary to the
national security interests of the United States;
(B) has engaged in a pattern of actions inconsistent with
the goals, objectives, commitments, or obligations under the
Compact; or
(C) has failed to make sufficient progress toward meeting
the goals, objectives, commitments, or obligations under the
Compact.
(2) Reinstatement.--The President, in coordination with the
Secretary of State and the Administrator of the United States
Agency for International Development, may reinstate
assistance suspended or terminated pursuant to paragraph (1)
only if the Secretary certifies to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives that the Compact Country or
implementing entity has taken steps to correct each condition
for which assistance was suspended or terminated under
paragraph (1).
(3) Notification and report.--Not later than 15 days before
suspending or terminating assistance pursuant to paragraph
(1), the Secretary, in coordination with the Administrator of
the United States Agency for International Development, shall
notify the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives of the suspension or termination, including a
justification for such action.
SEC. 1335. CONGRESSIONAL NOTIFICATION.
Not later than 15 days before entering into a Compact with
the Government of Guatemala, the Government of Honduras, or
the Government of El Salvador, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives--
(1) a copy of the proposed Compact;
(2) a detailed summary of the cooperative strategy and
assistance plan required under section 1333(c); and
(3) a copy of any annexes, appendices, or implementation
plans related to the Compact.
SEC. 1336. COMPACT PROGRESS REPORTS AND BRIEFINGS.
(a) Progress Report.--Not later than 1 year after entering
into a Compact, and annually during the life of the Compact,
the President, in coordination with the Secretary of State
and the Administrator of the United States Agency for
International Development, shall submit a report to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the progress made under the Compact.
(b) Contents.--The report under subsection (a) shall
include--
(1) analysis and information on the overall rates of
gender-based violence against women and children in El
Salvador, Guatemala, and Honduras, including by using
survivor surveys, regardless of whether or not these acts of
violence are reported to government authorities;
(2) analysis and information on incidences of cases of
gender-based violence against women and children reported to
the authorities in El Salvador, Guatemala, and Honduras, and
the percentage of alleged perpetrators investigated,
apprehended, prosecuted, and convicted;
(3) analysis and information on the capacity and resource
allocation of child welfare systems in El Salvador,
Guatemala, and Honduras to protect unaccompanied children;
(4) the percentage of reported violence against women and
children cases reaching conviction;
(5) a baseline and percentage changes in women and children
victims receiving legal and other social services;
(6) a baseline and percentage changes in school retention
rates;
(7) a baseline and changes in capacity of police,
prosecution service, and courts to combat violence against
women and children;
(8) a baseline and changes in capacity of health,
protection, and other relevant ministries to support
survivors of gender-based violence; and
(9) independent external evaluation of funded programs,
including compliance with terms of the Compacts by El
Salvador, Guatemala, and Honduras, and by the recipients of
the assistance.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide a briefing to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives regarding--
(1) the data and information collected pursuant to this
section; and
(2) the steps taken to protect and assist victims of
domestic violence, sexual violence, and child exploitation
and neglect.
amendment no. 437 offered by mr. torres of new york
At the end of subtitle D of title XV, add the following new
section:
SEC. 15___. DEPARTMENT OF HOMELAND SECURITY GUIDANCE WITH
RESPECT TO CERTAIN INFORMATION AND
COMMUNICATIONS TECHNOLOGY OR SERVICES
CONTRACTS.
(a) Guidance.--The Secretary of Homeland Security, acting
through the Under Secretary, shall issue guidance with
respect to new and existing covered contracts.
(b) New Covered Contracts.--In developing guidance under
subsection (a), with respect to each new covered contract, as
a condition on the award of such a contract, each contractor
responding to a solicitation for such a contract shall submit
to the covered officer--
(1) a planned bill of materials when submitting a bid
proposal; and
(2) the certification and notifications described in
subsection (e).
(c) Existing Covered Contracts.--In developing guidance
under subsection (a), with respect to each existing covered
contract, each contractor with an existing covered contract
shall submit to the covered officer--
(1) the bill of materials used for such contract, upon the
request of such officer; and
(2) the certification and notifications described in
subsection (e).
(d) Updating Bill of Materials.--With respect to a covered
contract, in the case of a change to the information included
in a bill of materials submitted pursuant to subsections
(b)(1) and (c)(1), each contractor shall submit to the
covered officer the update to such bill of materials, in a
timely manner.
(e) Certification and Notifications.--The certification and
notifications referred to in subsections (b)(2) and (c)(2),
with respect to a covered contract, are the following:
(1) A certification that each item listed on the submitted
bill of materials is free from all known vulnerabilities or
defects affecting the security of the end product or service
identified in--
(A) the National Institute of Standards and Technology
National Vulnerability Database; and
(B) any database designated by the Under Secretary, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency, that tracks security
vulnerabilities and defects in open source or third-party
developed software.
(2) A notification of each vulnerability or defect
affecting the security of the end product or service, if
identified, through--
(A) the certification of such submitted bill of materials
required under paragraph (1); or
(B) any other manner of identification.
(3) A notification relating to the plan to mitigate,
repair, or resolve each security vulnerability or defect
listed in the notification required under paragraph (2).
(f) Enforcement.--In developing guidance under subsection
(a), the Secretary shall instruct covered officers with
respect to--
(1) the processes available to such officers enforcing
subsections (b) and (c); and
(2) when such processes should be used.
(g) Effective Date.--The guidance required under subsection
(a) shall take effect on the date that is 180 days after the
date of the enactment of this section.
(h) GAO Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Secretary, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report that includes--
(1) a review of the implementation of this section;
(2) information relating to the engagement of the
Department of Homeland Security with industry;
[[Page H5064]]
(3) an assessment of how the guidance issued pursuant to
subsection (a) complies with Executive Order 14208 (86 Fed.
Reg. 26633; relating to improving the nation's
cybersecurity); and
(4) any recommendations relating to improving the supply
chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) The term ``bill of materials'' means a list of the
parts and components (whether new or reused) of an end
product or service, including, with respect to each part and
component, information relating to the origin, composition,
integrity, and any other information as determined
appropriate by the Under Secretary.
(2) The term ``covered contract'' means a contract relating
to the procurement of covered information and communications
technology or services for the Department.
(3) The term ``covered information and communications
technology or services'' means the terms--
(A) ``information technology'' (as such term is defined in
section 11101(6) of title 40, United States Code);
(B) ``information system'' (as such term is defined in
section 3502(8) of title 44, United States Code);
(C) ``telecommunications equipment'' (as such term is
defined in section 3(52) of the Communications Act of 1934
(47 U.S.C. 153(52))); and
(D) ``telecommunications service'' (as such term is defined
in section 3(53) of the Communications Act of 1934 (47 U.S.C.
153(53))).
(4) The term ``covered officer'' means--
(A) a contracting officer of the Department; and
(B) any other official of the Department as determined
appropriate by the Under Secretary.
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``software'' means computer programs and
associated data that may be dynamically written or modified
during execution.
(7) The term ``Under Secretary'' means the Under Secretary
for Management of the Department.
amendment no. 438 offered by mr. torres of new york
In title LI, add at the end the following:
SEC. 5106. FINCEN EXCHANGE.
Section 310(d) of title 31, United States Code, is
amended--
(1) in paragraph (2), by inserting ``other relevant private
sector entities,'' after ``financial institutions,'';
(2) in paragraph (3)(A)(i)(II), by inserting ``and other
relevant private sector entities'' after ``financial
institutions''; and
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``or other relevant
private sector entity'' after ``financial institution''; and
(B) in subparagraph (B)--
(i) by striking ``Information'' and inserting the
following:
``(i) Use by financial institutions.--Information''; and
(ii) by adding at the end the following:
``(ii) Use by other relevant private sector entities.--
Information received by a relevant private sector entity that
is not a financial institution pursuant to this section shall
not be used for any purpose other than assisting a financial
institution in identifying and reporting on activities that
may involve the financing of terrorism, money laundering,
proliferation financing, or other financial crimes, or in
assisting FinCEN or another agency of the U.S. Government in
mitigating the risk of the financing of terrorism, money
laundering, proliferation financing, or other criminal
activities.''.
amendment no. 439 offered by mr. torres of new york
At the end of subtitle D of title XV, add the following new
section:
SEC. 15___. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF
INFORMATION SYSTEMS AND CYBERSECURITY THREATS.
(a) Responsibilities of Director.--Section 2202(c)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 652) is amended
by striking the semicolon at the end and adding the
following: ``, including by carrying out a periodic strategic
assessment of the related programs and activities of the
Agency to ensure such programs and activities contemplate the
innovation of information systems and changes in
cybersecurity risks and cybersecurity threats;''
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act and not fewer than once every three
years thereafter, the Director of the Cybersecurity and
Infrastructure Security Agency shall submit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a strategic assessment for the purposes described
in paragraph (2)
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) A description of the existing programs and activities
administered in furtherance of section 2202(c)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 652).
(B) An assessment of the capability of existing programs
and activities administered by the Agency in furtherance of
such section to monitor for, manage, mitigate, and defend
against cybersecurity risks and cybersecurity threats.
(C) An assessment of past or anticipated technological
trends or innovation of information systems or information
technology that have the potential to affect the efficacy of
the programs and activities administered by the Agency in
furtherance of such section.
(D) A description of any changes in the practices of the
Federal workforce, such as increased telework, affect the
efficacy of the programs and activities administered by the
Agency in furtherance of section 2202(c)(3).
(E) A plan to integrate innovative security tools,
technologies, protocols, activities, or programs to improve
the programs and activities administered by the Agency in
furtherance of such section.
(F) A description of any research and development
activities necessary to enhance the programs and activities
administered by the Agency in furtherance of such section.
(G) A description of proposed changes to existing programs
and activities administered by the Agency in furtherance of
such section, including corresponding milestones for
implementation.
(H) Information relating to any new resources or
authorities necessary to improve the programs and activities
administered by the Agency in furtherance of such section.
(c) Definitions.--In this section:
(1) The term ``Agency'' means the Cybersecurity and
Infrastructure Security Agency.
(2) The term ``cybersecurity purpose'' has the meaning
given such term in section 102(4) of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501(4)).
(3) The term ``cybersecurity risk'' has the meaning given
such term in section 2209(a)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 659(a)(2)).
(4) The term ``information system'' has the meaning given
such term in section 3502(8) of title 44, United States Code.
(5) The term ``information technology'' has the meaning
given such term in 3502(9) of title 44, United States Code.
(6) The term ``telework'' has the meaning given the term in
section 6501(3) of title 5, United States Code.
amendment no. 440 offered by mrs. trahan of massachusetts
Add at the end of title LX the following new section:
SEC. 6013. REPORT ON SPACE DEBRIS AND LOW EARTH ORBIT
SATELLITES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the National Space Council shall
submit to the appropriate congressional committees a report
that includes--
(1) an assessment of the risks space debris orbiting the
Earth imposes on night sky luminance, collision risk, radio
interference, astronomical data loss by satellite streaks,
and other potential factors relevant to space exploration,
research, and national security; and
(2) the current and future impact of low Earth orbit
satellites on night sky luminance and how such satellites may
impact space exploration, research, and national security.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Science, Space, and Technology, and the Committee on Energy
and Commerce of the House of Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
amendment no. 441 offered by mr. trone of maryland
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF
STATE TO COMBAT INTERNATIONAL TRAFFICKING IN
COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall prioritize
efforts of the Department of State to combat international
trafficking in covered synthetic drugs by carrying out
programs and activities to include the following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use
surveys among populations, increased use of wastewater
testing where appropriate, and multilateral sharing of that
data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European
Monitoring Centre for Drugs and Drug Addiction, and
regulatory agencies in foreign countries.
(3) Carrying out the program to provide assistance to build
the capacity of foreign law enforcement agencies with respect
to covered synthetic drugs, as required by section 3.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development
on demand reduction matters relating to the illicit use of
narcotics and other drugs, as required by section 4.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on the implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term
[[Page H5065]]
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(c) Program to Provide Assistance to Build the Capacity of
Foreign Law Enforcement Agencies With Respect to Covered
Synthetic Drugs.--
(1) In general.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of
State shall establish a program to provide assistance to
build the capacity of law enforcement agencies of the
countries described in paragraph (3) to help such agencies to
identify, track, and improve their forensics detection
capabilities with respect to covered synthetic drugs.
(2) Priority.--The Secretary of State shall prioritize
assistance under paragraph (1) among those countries
described in paragraph (3) in which such assistance would
have the most impact in reducing illicit use of covered
synthetic drugs in the United States.
(3) Countries described.--The foreign countries described
in this paragraph are--
(A) countries that are producers of covered synthetic
drugs;
(B) countries whose pharmaceutical and chemical industries
are known to be exploited for development or procurement of
precursors of covered synthetic drugs; or
(C) major drug-transit countries as defined by the
President.
(4) Authorization of additional appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this subsection $4,000,000 for each of the fiscal years 2022
through 2026 and such amounts shall be in addition to amounts
authorized for such purposes.
(d) Exchange Program for Governmental and Nongovernmental
Personnel to Provide Educational and Professional Development
on Demand Reduction Matters Relating to Illicit Use of
Narcotics and Other Drugs.--
(1) In general.--The Secretary of State shall establish or
continue and strengthen, as appropriate, an exchange program
for governmental and nongovernmental personnel in the United
States and in foreign countries to provide educational and
professional development on demand reduction matters relating
to the illicit use of narcotics and other drugs.
(2) Program requirements.--The program required by
paragraph (1)--
(A) shall be limited to individuals who have expertise and
experience in matters described in paragraph (1);
(B) in the case of inbound exchanges, may be carried out as
part of exchange programs and international visitor programs
administered by the Bureau of Educational and Cultural
Affairs of the Department of State, including the
International Visitor Leadership Program in consultation or
coordination with the Bureau of International Narcotics and
Law Enforcement Affairs; and
(C) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(3) Authorization of additional appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this subsection $1,000,000 for each of the fiscal years 2022
through 2026 and such amounts shall be in addition to amounts
authorized for such purposes.
(e) Amendments to International Narcotics Control
Program.--
(1) International narcotics control strategy report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended by adding at the end the
following:
``(10) Synthetic opioids and new psychoactive substances.--
``(A) Synthetic opioids.--Information that contains an
assessment of the countries significantly involved in the
manufacture, production, or transshipment of synthetic
opioids, including fentanyl and fentanyl analogues, to
include the following:
``(i) The scale of legal domestic production and any
available information on the number of manufacturers and
producers of such opioids in such countries.
``(ii) Information on any law enforcement assessments of
the scale of illegal production, including a description of
the capacity of illegal laboratories to produce such opioids.
``(iii) The types of inputs used and a description of the
primary methods of synthesis employed by illegal producers of
such opioids.
``(iv) An assessment of the policies of such countries to
regulate licit manufacture and interdict illicit manufacture,
diversion, distribution, and shipment of such opioids and an
assessment of the effectiveness of the policies'
implementation.
``(B) New psychoactive substances.--Information on, to the
extent practicable, any policies of responding to new
psychoactive substances (as such term is defined in section 7
of the FENTANYL Results Act), to include the following:
``(i) Which governments have articulated policies on
scheduling of such substances.
``(ii) Any data on impacts of such policies and other
responses to such substances.
``(iii) An assessment of any policies the United States
could adopt to improve its response to new psychoactive
substances.''.
(2) Definition of major illicit drug producing country.--
Section 481(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e)) is amended--
(A) in paragraph (2)--
(i) by striking ``means a country in which--'' and
inserting ``means--
``(A) a country in which--'';
(ii) by striking ``(A) 1,000'' and inserting the following:
``(i) 1,000'';
(iii) by striking ``(B) 1,000'' and inserting the
following:
``(ii) 1,000'';
(iv) by striking ``(C) 5,000'' and inserting the following:
``(iii) 5,000'';
(v) in subparagraph (A)(iii), as redesignated by this
subsection, by adding ``or'' at the end; and
(vi) by adding at the end the following:
``(B) a country which is a significant direct source of
illicit narcotic or psychotropic drugs or other controlled
substances significantly affecting the United States.''; and
(B) in paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported illicit narcotic or
psychotropic drugs or other controlled substances
significantly affecting the United States.''.
(f) Sense of Congress.--It is the sense of Congress that--
(1) the President should direct the United States
Representative to the United Nations to use the voice and
vote of the United States at the United Nations to advocate
for more transparent assessments of countries by the
International Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of
covered synthetic drugs.
(g) Definition.--In this section:
(1) The term ``covered synthetic drug'' means--
(A) a synthetic controlled substance (as defined in section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))),
including fentanyl or a fentanyl analogue; or
(B) a new psychoactive substance.
(2) The term ``new psychoactive substance'' means a
substance of abuse, or any preparation thereof, that--
(A) is not--
(i) included in any schedule as a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.);
or
(ii) controlled by the Single Convention on Narcotic Drugs
signed at New York, New York, on March 30, 1961, or the
Convention on Psychotropic Substances signed at Vienna,
Austria, on February 21, 1971;
(B) is new or has reemerged on the illicit market; and
(C) poses a threat to the public health and safety.
amendment no. 442 offered by mr. turner of ohio
Add at the end of subtitle E of title XII the following new
section:
SEC. 1253. COMPLIANCE BY CHINA WITH NUCLEAR NON-PROLIFERATION
TREATY.
(a) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a special compliance
assessment with respect to the compliance by China with
article VI of the Nuclear Non-Proliferation Treaty, including
the factors leading to the conclusion of the President.
(b) Form.--The special compliance assessment under
subsection (a) shall be submitted in unclassified form.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
(2) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (21 UST 483).
amendment no. 443 offered by mr. turner of ohio
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. REPORT AND CERTIFICATION ON THE FATE AND
DISPOSITION OF MILITARY EQUIPMENT BELONGING TO
AFGHANISTAN SECURITY FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) certify to the congressional defense committees, with
respect to military equipment that previously belonged to the
Afghanistan security forces and was located in Uzbekistan on
September 11, 2021--
(A) the manner in which it was transferred to a foreign
country and the authority under which the equipment was so
transferred; and
(B) whether, under any circumstances, such equipment could
be transferred to the Taliban or to the Islamic Emirate of
Afghanistan; and
(2) submit to the congressional defense committees a report
on the fate and disposition of military equipment described
in such
[[Page H5066]]
subsection and a description of the circumstances that led to
the ultimate fate and disposition of such equipment.
amendment no. 444 offered by mr. turner of ohio
At the end of subtitle B of title XXXI insert the
following:
SEC. 3117. RELEASE OF REVERSIONARY INTEREST IN CERTAIN REAL
PROPERTY, SPRINGFIELD, OHIO.
(a) Release of Reversionary Interest Authorized.--Subject
to subsection (b), the Secretary of Energy may release,
without reimbursement or other consideration, a reversionary
interest acquired by the United States when the National
Nuclear Security Administration made a grant to support the
acquisition of real property and construction of
infrastructure located at 4170 Allium Court in Springfield,
Ohio.
(b) Condition on Release.--The authority of the Secretary
of Energy to release the reversionary interest described in
subsection (a) is conditioned on, and may be exercised only
after, the acquisition of title to the real property subject
to the reversionary interest by the Community Improvement
Corporation of Clark County, a nonprofit entity created by
the City of Springfield, Ohio, Clark County, Ohio, and the
Chamber of Commerce in the County.
amendment no. 445 offered by mr. turner of ohio
Add at the end of subtitle C of title XIII the following
new section:
SEC. 1325. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN
TREATY SENSORS.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and not later than September 1 of
each subsequent year, the Secretary of Defense shall submit
to the appropriate congressional committees a report on the
sensors used in the international monitoring system of the
Comprehensive Nuclear-Test-Ban Treaty Organization. Each such
report shall include, with respect to the period covered by
the report--
(1) the number of incidents where such sensors are
disabled, turned off, or experience ``technical
difficulties''; and
(2) with respect to each such incident--
(A) the location of the sensor;
(B) the duration of the incident; and
(C) whether the Secretary determines there is reason to
believe that the incident was a deliberate act on the part of
the host nation.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
amendment no. 446 offered by mr. turner of ohio
Page 950, line 21, insert ``and with respect to NATO
specific infrastructure'' after ``in Europe''.
amendment no. 447 offered by mr. turner of ohio
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1649. SENSE OF CONGRESS ON AEGIS ASHORE SITES IN POLAND
AND ROMANIA.
It is the sense of Congress that--
(1) both Poland and Romania, which host Aegis Ashore sites
of the United States, are vital allies of the United States;
(2) the contributions provided by these Aegis Ashore sites
help ensure the defenses of Poland, Romania, the United
States, and the member states of the North Atlantic Treaty
Organization; and
(3) it is vital that the construction of the Aegis Ashore
site in Redzikowo, Poland, is completed and brought online at
the earliest possible date.
amendment no. 448 offered by mr. turner of ohio
Page 1012, line 25, insert ``mobile satellite services,''
after ``System,''.
amendment no. 449 offered by mr. valadao of california
Add at the end of subtitle C of title XIII of division A
the following:
SEC. 13__. REPORT ON UNITED STATES HUMANITARIAN AID TO
NAGORNO KARABAKH.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
that contains--
(1) a detailed review of all United States humanitarian and
developmental assistance programs being implemented in
Nagorno Karabakh, including project descriptions and budgets,
a listing of partnering organizations, and resulting
deliverables;
(2) an analysis of the effectiveness of such assistance
programs for Nagorno Karabakh; and
(3) plans for future such assistance programs for Nagorno
Karabakh.
amendment no. 450 offered by ms. van duyne of texas
Add at the end of title LX the following new section:
SEC. 60__. STUDY ON SUPPLY CHAINS CRITICAL TO NATIONAL
SECURITY.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence and the
Director of the Central Intelligence Agency shall jointly--
(1) complete a study--
(A) to identify--
(i) supply chains that are critical to the national
security, economic security, or public health or safety of
the United States; and
(ii) important vulnerabilities in such supply chains; and
(B) to develop recommendations for legislative or
administrative action to secure the supply chains identified
under subparagraph (A)(i); and
(2) submit to the congressional intelligence committees (as
that term is defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)) the findings of the directors
with respect to the study conducted under paragraph (1).
amendment no. 451 offered by mr. vargas of california
After title LIII, insert the following:
TITLE LIV--COVID-19 EMERGENCY MEDICAL SUPPLIES
SEC. 5401. SHORT TITLE.
This title may be cited as the ``COVID-19 Emergency Medical
Supplies Enhancement Act of 2021''.
SEC. 5402. DETERMINATION ON EMERGENCY SUPPLIES AND
RELATIONSHIP TO STATE AND LOCAL EFFORTS.
(a) Determination.--For the purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the
following materials shall be deemed to be scarce and critical
materials essential to the national defense and otherwise
meet the requirements of section 101(b) of such Act during
the COVID-19 emergency period:
(1) Diagnostic tests, including serological tests, for
COVID-19 and the reagents and other materials necessary for
producing or conducting such tests.
(2) Personal protective equipment, including face shields,
N-95 respirator masks, and any other masks determined by the
Secretary of Health and Human Services to be needed to
respond to the COVID-19 pandemic, and the materials to
produce such equipment.
(3) Medical ventilators, the components necessary to make
such ventilators, and medicines needed to use a ventilator as
a treatment for any individual who is hospitalized for COVID-
19.
(4) Pharmaceuticals and any medicines determined by the
Food and Drug Administration or another Government agency to
be effective in treating COVID-19 (including vaccines for
COVID-19) and any materials necessary to produce or use such
pharmaceuticals or medicines (including self-injection
syringes or other delivery systems).
(5) Any other medical equipment or supplies determined by
the Secretary of Health and Human Services or the Secretary
of Homeland Security to be scarce and critical materials
essential to the national defense for purposes of section 101
of the Defense Production Act of 1950 (50 U.S.C. 4511).
(b) Exercise of Title I Authorities in Relation to
Contracts by State and Local Governments.--In exercising
authorities under title I of the Defense Production Act of
1950 (50 U.S.C. 4511 et seq.) during the COVID-19 emergency
period, the President (and any officer or employee of the
United States to which authorities under such title I have
been delegated)--
(1) may exercise the prioritization or allocation authority
provided in such title I to exclude any materials described
in subsection (a) ordered by a State or local government that
are scheduled to be delivered within 15 days of the time at
which--
(A) the purchase order or contract by the Federal
Government for such materials is made; or
(B) the materials are otherwise allocated by the Federal
Government under the authorities contained in such Act; and
(2) shall, within 24 hours of any exercise of the
prioritization or allocation authority provided in such title
I--
(A) notify any State or local government if the exercise of
such authorities would delay the receipt of such materials
ordered by such government; and
(B) take such steps as may be necessary to ensure that such
materials ordered by such government are delivered in the
shortest possible period.
(c) Update to the Federal Acquisition Regulation.--Not
later than 15 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised to
reflect the requirements of subsection (b)(1).
SEC. 5403. ENGAGEMENT WITH THE PRIVATE SECTOR.
(a) Sense of Congress.--The Congress--
(1) appreciates the willingness of private companies not
traditionally involved in producing items for the health
sector to volunteer to use their expertise and supply chains
to produce essential medical supplies and equipment;
(2) encourages other manufacturers to review their existing
capacity and to develop capacity to produce essential medical
supplies, medical equipment, and medical treatments to
address the COVID-19 emergency; and
(3) commends and expresses deep appreciation to individual
citizens who have been producing personal protective
equipment and other materials for, in particular, use at
hospitals in their community.
(b) Outreach Representative.--
[[Page H5067]]
(1) Designation.--Consistent with the authorities in title
VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et
seq.), the Administrator of the Federal Emergency Management
Agency, in consultation with the Secretary of Health and
Human Services, shall designate or shall appoint, pursuant to
section 703 of such Act (50 U.S.C. 4553), an individual to be
known as the ``Outreach Representative''. Such individual
shall--
(A) be appointed from among individuals with substantial
experience in the private sector in the production of medical
supplies or equipment; and
(B) act as the Government-wide single point of contact
during the COVID-19 emergency for outreach to manufacturing
companies and their suppliers who may be interested in
producing medical supplies or equipment, including the
materials described under section 5402.
(2) Encouraging partnerships.--The Outreach Representative
shall seek to develop partnerships between companies, in
coordination with the Supply Chain Stabilization Task Force
or any overall coordinator appointed by the President to
oversee the response to the COVID-19 emergency, including
through the exercise of the authorities under section 708 of
the Defense Production Act of 1950 (50 U.S.C. 4558).
SEC. 5404. ENHANCEMENT OF SUPPLY CHAIN PRODUCTION.
In exercising authority under title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect
to materials described in section 5402, the President shall
seek to ensure that support is provided to companies that
comprise the supply chains for reagents, components, raw
materials, and other materials and items necessary to produce
or use the materials described in section 5402.
SEC. 5405. OVERSIGHT OF CURRENT ACTIVITY AND NEEDS.
(a) Response to Immediate Needs.--
(1) In general.--Not later than 7 days after the date of
the enactment of this Act, the President, in coordination
with the National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the Defense
Logistics Agency, the Secretary of Health and Human Services,
the Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the appropriate
congressional committees a report assessing the immediate
needs described in paragraph (2) to combat the COVID-19
pandemic and the plan for meeting those immediate needs.
(2) Assessment.--The report required by this subsection
shall include--
(A) an assessment of the needs for medical supplies or
equipment necessary to address the needs of the population of
the United States infected by the virus SARS-CoV-2 that
causes COVID-19 and to prevent an increase in the incidence
of COVID-19 throughout the United States, including
diagnostic tests, serological tests, medicines that have been
approved by the Food and Drug Administration to treat COVID-
19, and ventilators and medicines needed to employ
ventilators;
(B) based on meaningful consultations with relevant
stakeholders, an assessment of the need for personal
protective equipment and other supplies (including diagnostic
tests) required by--
(i) health professionals, health workers, and hospital
staff;
(ii) workers in industries and sectors described in the
``Advisory Memorandum on Identification of Essential Critical
Infrastructure Workers during the COVID-19 Response'' issued
by the Director of Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security on April 17,
2020 (and any expansion of industries and sectors included in
updates to such advisory memorandum); and
(iii) other workers determined to be essential based on
such consultation;
(C) an assessment of the quantities of equipment and
supplies in the Strategic National Stockpile (established
under section 319F-2 of the Public Health Service Act (42
U.S.C. 247d-6b(a)(1))) as of the date of the report, and the
projected gap between the quantities of equipment and
supplies identified as needed in the assessment under
subparagraphs (A) and (B) and the quantities in the Strategic
National Stockpile;
(D) an identification of the industry sectors and
manufacturers most ready to fulfill purchase orders for such
equipment and supplies (including manufacturers that may be
incentivized) through the exercise of authority under section
303(e) of the Defense Production Act of 1950 (50 U.S.C.
4533(e)) to modify, expand, or improve production processes
to manufacture such equipment and supplies to respond
immediately to a need identified in subparagraph (A) or (B);
(E) an identification of Government-owned and privately-
owned stockpiles of such equipment and supplies not included
in the Strategic National Stockpile that could be repaired or
refurbished;
(F) an identification of previously distributed critical
supplies that can be redistributed based on current need;
(G) a description of any exercise of the authorities
described under subsection (a)(5) or (b)(1) of section 5402;
and
(H) an identification of critical areas of need, by county
and by areas identified by the Indian Health Service, in the
United States and the metrics and criteria for identification
as a critical area.
(3) Plan.--The report required by this subsection shall
include a plan for meeting the immediate needs to combat the
COVID-19 pandemic, including the needs described in paragraph
(1). Such plan shall include--
(A) each contract the Federal Government has entered into
to meet such needs, including the purpose of each contract,
the type and amount of equipment, supplies, or services to be
provided under the contract, the entity performing such
contract, and the dollar amount of each contract;
(B) each contract that the Federal Government intends to
enter into within 14 days after submission of such report,
including the information described in subparagraph (A) for
each such contract; and
(C) whether any of the contracts described in subparagraph
(A) or (B) have or will have a priority rating under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.),
including purchase orders pursuant to Department of Defense
Directive 4400.1 (or any successor directive), subpart A of
part 101 of title 45, Code of Federal Regulations, or any
other applicable authority.
(4) Additional requirements.--The report required by this
subsection, and each update required by paragraph (5), shall
include--
(A) any requests for equipment and supplies from State or
local governments and Indian Tribes, and an accompanying list
of the employers and unions consulted in developing these
requests;
(B) any modeling or formulas used to determine allocation
of equipment and supplies, and any related chain of command
issues on making final decisions on allocations;
(C) the amount and destination of equipment and supplies
delivered;
(D) an explanation of why any portion of any contract,
whether to replenish the Strategic National Stockpile or
otherwise, will not be filled;
(E) of products procured under this section, the percentage
of such products that are used to replenish the Strategic
National Stockpile, that are targeted to COVID-19 hotspots,
and that are used for the commercial market;
(F) metrics, formulas, and criteria used to determine
COVID-19 hotspots or areas of critical need for a State,
county, or an area identified by the Indian Health Service;
(G) production and procurement benchmarks, where
practicable; and
(H) results of the consultation with the relevant
stakeholders required by paragraph (2)(B).
(5) Updates.--The President, in coordination with the
National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the Defense
Logistics Agency, the Secretary of Health and Human Services,
the Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall update such report every 14
days.
(6) Public availability.--The President shall make the
report required by this subsection and each update required
by paragraph (5) available to the public, including on a
Government website.
(b) Response to Longer-Term Needs.--
(1) In general.--Not later than 14 days after the date of
enactment of this Act, the President, in coordination with
the National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the Defense
Logistics Agency, the Secretary of Health and Human Services,
the Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the appropriate
congressional committees a report containing an assessment of
the needs described in paragraph (2) to combat the COVID-19
pandemic and the plan for meeting such needs during the 6-
month period beginning on the date of submission of the
report.
(2) Assessment.--The report required by this subsection
shall include--
(A) an assessment of the elements described in
subparagraphs (A) through (E) and subparagraph (H) of
subsection (a)(2); and
(B) an assessment of needs related to COVID-19 vaccines and
any additional services to address the COVID-19 pandemic,
including services related to health surveillance to ensure
that the appropriate level of contact tracing related to
detected infections is available throughout the United
States.
(3) Plan.--The report required by this subsection shall
include a plan for meeting the longer-term needs to combat
the COVID-19 pandemic, including the needs described in
paragraph (1). This plan shall include--
(A) a plan to exercise authorities under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.) necessary to
increase the production of the medical equipment, supplies,
and services that are essential to meeting the needs
identified in paragraph (2) (including the number of N-95
respirator masks and other personal protective equipment
needed), based on meaningful consultations with relevant
stakeholders--
(i) by the private sector to resume economic activity; and
(ii) by the public and nonprofit sectors to significantly
increase their activities;
(B) results of the consultations with the relevant
stakeholders required by subparagraph (A)(ii);
(C) an estimate of the funding and other measures necessary
to rapidly expand manufacturing production capacity for such
equipment and supplies, including--
(i) any efforts to expand, retool, or reconfigure
production lines;
[[Page H5068]]
(ii) any efforts to establish new production lines through
the purchase and installation of new equipment; or
(iii) the issuance of additional contracts, purchase
orders, purchase guarantees, or other similar measures;
(D) each contract the Federal Government has entered into
to meet such needs or expand such production, the purpose of
each contract, the type and amount of equipment, supplies, or
services to be provided under the contract, the entity
performing such contract, and the dollar amount of each
contract;
(E) each contract that the Federal Government intends to
enter into within 14 days after submission of such report,
including the information described in subparagraph (D) for
each such contract;
(F) whether any of the contracts described in subparagraph
(D) or (E) have or will have a priority rating under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.),
including purchase orders pursuant to Department of Defense
Directive 4400.1 (or any successor directive), subpart A of
part 101 of title 45, Code of Federal Regulations, or any
other applicable authority; and
(G) the manner in which the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.) could be used to increase services
necessary to combat the COVID-19 pandemic, including services
described in paragraph (2)(B).
(4) Updates.--The President, in coordination with the
National Response Coordination Center of the Federal
Emergency Management Agency, the Administrator of the Defense
Logistics Agency, the Secretary of Health and Human Services,
the Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall update such report every 14
days.
(5) Public availability.--The President shall make the
report required by this subsection and each update required
by paragraph (4) available to the public, including on a
Government website.
(c) Report on Exercising Authorities Under the Defense
Production Act of 1950.--
(1) In general.--Not later than 14 days after the date of
the enactment of this Act, the President, in consultation
with the Administrator of the Federal Emergency Management
Agency, the Secretary of Defense, and the Secretary of Health
and Human Services, shall submit to the appropriate
congressional committees a report on the exercise of
authorities under titles I, III, and VII of the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the
date of such report.
(2) Contents.--The report required under paragraph (1) and
each update required under paragraph (3) shall include, with
respect to each exercise of such authority--
(A) an explanation of the purpose of the applicable
contract, purchase order, or other exercise of authority
(including an allocation of materials, services, and
facilities under section 101(a)(2) of the Defense Production
Act of 1950 (50 U.S.C. 4511(a)(2)));
(B) the cost of such exercise of authority; and
(C) if applicable--
(i) the amount of goods that were purchased or allocated;
(ii) an identification of the entity awarded a contract or
purchase order or that was the subject of the exercise of
authority; and
(iii) an identification of any entity that had shipments
delayed by the exercise of any authority under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.).
(3) Updates.--The President shall update the report
required under paragraph (1) every 14 days.
(4) Public availability.--The President shall make the
report required by this subsection and each update required
by paragraph (3) available to the public, including on a
Government website.
(d) Quarterly Reporting.--The President shall submit to
Congress, and make available to the public (including on a
Government website), a quarterly report detailing all
expenditures made pursuant to titles I, III, and VII of the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).
(e) Sunset.--The requirements of this section shall
terminate on the later of--
(1) December 31, 2021; or
(2) the end of the COVID-19 emergency period.
SEC. 5406. ENHANCEMENTS TO THE DEFENSE PRODUCTION ACT OF
1950.
(a) Health Emergency Authority.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended by adding
at the end the following:
``(c) Health Emergency Authority.--With respect to a public
health emergency declaration by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act, or preparations for such a health emergency, the
Secretary of Health and Human Services and the Administrator
of the Federal Emergency Management Agency are authorized to
carry out the authorities provided under this section to the
same extent as the President.''.
(b) Emphasis on Business Concerns Owned by Women,
Minorities, Veterans, and Native Americans.--Section 108 of
the Defense Production Act of 1950 (50 U.S.C. 4518) is
amended--
(1) in the heading, by striking ``modernization of small
business suppliers'' and inserting ``small business
participation and fair inclusion'';
(2) by amending subsection (a) to read as follows:
``(a) Participation and Inclusion.--
``(1) In general.--In providing any assistance under this
Act, the President shall accord a strong preference for
subcontractors and suppliers that are--
``(A) small business concerns; or
``(B) businesses of any size owned by women, minorities,
veterans, and the disabled.
``(2) Special consideration.--To the maximum extent
practicable, the President shall accord the preference
described under paragraph (1) to small business concerns and
businesses described in paragraph (1)(B) that are located in
areas of high unemployment or areas that have demonstrated a
continuing pattern of economic decline, as identified by the
Secretary of Labor.''; and
(3) by adding at the end the following:
``(c) Minority Defined.--In this section, the term
`minority'--
``(1) has the meaning given the term in section 308(b) of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
``(2) includes any indigenous person in the United States,
including any territories of the United States.''.
(c) Additional Information in Annual Report.--Section
304(f)(3) of the Defense Production Act of 1950 (50 U.S.C.
4534(f)(3)) is amended by striking ``year.'' and inserting
``year, including the percentage of contracts awarded using
Fund amounts to each of the groups described in section
108(a)(1)(B) (and, with respect to minorities, disaggregated
by ethnic group), and the percentage of the total amount
expended during such fiscal year on such contracts.''.
(d) Definition of National Defense.--Section 702(14) of the
Defense Production Act of 1950 is amended by striking ``and
critical infrastructure protection and restoration'' and
inserting ``, critical infrastructure protection and
restoration, and health emergency preparedness and response
activities''.
SEC. 5407. SECURING ESSENTIAL MEDICAL MATERIALS.
(a) Statement of Policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States
competitiveness, scientific leadership and cooperation, and
innovative capacity;''.
(b) Strengthening Domestic Capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(1) in subsection (a), by inserting ``(including medical
materials)'' after ``materials''; and
(2) in subsection (b)(1), by inserting ``(including medical
materials such as drugs to diagnose, cure, mitigate, treat,
or prevent disease that essential to national defense)''
after ``essential materials''.
(c) Strategy on Securing Supply Chains for Medical
Articles.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL
MATERIALS.
``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the President, in
consultation with the Secretary of Health and Human Services,
the Secretary of Commerce, the Secretary of Homeland
Security, and the Secretary of Defense, shall transmit a
strategy to the appropriate Members of Congress that includes
the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical articles, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from the plan and
measures described in this subsection on the production,
cost, or distribution of vaccines or any other drugs (as
defined under section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321));
``(B) a timeline to ensure that essential components of the
supply chain for medical materials are not under the
exclusive control of a foreign government in a manner that
the President determines could threaten the national defense
of the United States; and
``(C) efforts to mitigate any risks resulting from the plan
and measures described in this subsection to United States
competitiveness, scientific leadership, and innovative
capacity, including efforts to cooperate and proactively
engage with United States allies.
``(b) Progress Report.--Following submission of the
strategy under subsection (a), the President shall submit to
the appropriate Members of Congress an annual progress report
evaluating the implementation of the
[[Page H5069]]
strategy, and may include updates to the strategy as
appropriate. The strategy and progress reports shall be
submitted in unclassified form but may contain a classified
annex.
``(c) Appropriate Members of Congress.--The term
`appropriate Members of Congress' means the Speaker, majority
leader, and minority leader of the House of Representatives,
the majority leader and minority leader of the Senate, the
Chairman and Ranking Member of the Committees on Armed
Services and Financial Services of the House of
Representatives, and the Chairman and Ranking Member of the
Committees on Armed Services and Banking, Housing, and Urban
Affairs of the Senate.''.
SEC. 5408. GAO REPORT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on ensuring
that the United States Government has access to the medical
supplies and equipment necessary to respond to future
pandemics and public health emergencies, including
recommendations with respect to how to ensure that the United
States supply chain for diagnostic tests (including
serological tests), personal protective equipment, vaccines,
and therapies is better equipped to respond to emergencies,
including through the use of funds in the Defense Production
Act Fund under section 304 of the Defense Production Act of
1950 (50 U.S.C. 4534) to address shortages in that supply
chain.
(b) Review of Assessment and Plan.--
(1) In general.--Not later than 30 days after each of the
submission of the reports described in subsections (a) and
(b) of section 5405, the Comptroller General of the United
States shall submit to the appropriate congressional
committees an assessment of such reports, including
identifying any gaps and providing any recommendations
regarding the subject matter in such reports.
(2) Monthly review.--Not later than a month after the
submission of the assessment under paragraph (1), and monthly
thereafter, the Comptroller General shall issue a report to
the appropriate congressional committees with respect to any
updates to the reports described in subsections (a) and (b)
of section 5405 that were issued during the previous 1-month
period, containing an assessment of such updates, including
identifying any gaps and providing any recommendations
regarding the subject matter in such updates.
SEC. 5409. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations, Armed Services, Energy and Commerce,
Financial Services, Homeland Security, and Veterans' Affairs
of the House of Representatives and the Committees on
Appropriations, Armed Services, Banking, Housing, and Urban
Affairs, Health, Education, Labor, and Pensions, Homeland
Security and Governmental Affairs, and Veterans' Affairs of
the Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the date of
enactment of this Act and ending after the end of the
incident period for the emergency declared on March 13, 2020,
by the President under section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121
et seq.) relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector; and
(C) representatives of labor organizations representing
workers, including unions that represent health workers,
manufacturers, public sector employees, and service sector
workers.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
amendment no. 452 offered by ms. velazquez of new york
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC
INFLATION ADJUSTMENTS TO THE ACQUISITION-
RELATED DOLLAR THRESHOLD.
(a) In General.--Section 1908(b)(2) of title 41, United
States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) in sections 3131 through 3134 of title 40, except any
modification of any such dollar threshold made by regulation
in effect on the date of the enactment of this subparagraph
shall remain in effect.''.
(b) Technical Amendment.--Section 1908(d) of such title is
amended by striking the period at the end.
amendment no. 454 offered by mrs. wagner of missouri
At the end of title LX of division E, add the following:
SEC. 6013. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND
ASEAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall develop and submit to the
appropriate congressional committees a comprehensive strategy
for engagement with Southeast Asia and the Association of
Southeast Asian Nations (ASEAN).
(b) Matters To Be Included.--The strategy required by
subsection (a) shall include the following:
(1) A statement of enduring United States interests in
Southeast Asia and a description of efforts to bolster the
effectiveness of ASEAN.
(2) A description of efforts to--
(A) deepen and expand Southeast Asian alliances,
partnerships, and multilateral engagements, including efforts
to expand broad based and inclusive economic growth, security
ties, security cooperation and interoperability, economic
connectivity, and expand opportunities for ASEAN to work with
other like-minded partners in the region; and
(B) encourage like-minded partners outside of the Indo-
Pacific region to engage with ASEAN.
(3) A summary of initiatives across the whole of the United
States Government to strengthen the United States partnership
with Southeast Asian nations and ASEAN, including to promote
broad based and inclusive economic growth, trade, investment,
energy innovation and sustainability, public-private
partnerships, physical and digital infrastructure
development, education, disaster management, public health
and global health security, and economic, political, and
public diplomacy in Southeast Asia.
(4) A summary of initiatives across the whole of the United
States Government to enhance the capacity of Southeast Asian
nations with respect to enforcing international law and
multilateral sanctions, and initiatives to cooperate with
ASEAN as an institution in these areas.
(5) A summary of initiatives across the whole of the United
States Government to promote human rights and democracy, to
strengthen the rule of law, civil society, and transparent
governance, to combat disinformation and to protect the
integrity of elections from outside influence.
(6) A summary of initiatives to promote security
cooperation and security assistance within Southeast Asian
nations, including--
(A) maritime security and maritime domain awareness
initiatives for protecting the maritime commons and
supporting international law and freedom of navigation in the
South China Sea; and
(B) efforts to combat terrorism, human trafficking, piracy,
and illegal fishing, and promote more open, reliable routes
for sea lines of communication.
(c) Distribution of Strategy.--For the purposes of assuring
allies and partners in Southeast Asia and deepening United
States engagement with ASEAN, the Secretary of State shall
direct each United States chief of mission to ASEAN and its
member states to distribute the strategy required by
subsection (a) to host governments.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
amendment no. 455 offered by mr. walberg of michigan
Page 812, line 16, add at the end before the period the
following: ``, including an evaluation of the capabilities of
the Taliban post-withdrawal to monetize through the transfer
of abandoned covered Unites States equipment, property, and
classified material to adversaries of the United States''.
amendment no. 456 offered by mr. walberg of michigan
At the end of title LX of division E, add the following:
SEC. __. REPRESENTATION AND LEADERSHIP OF UNITED STATES IN
COMMUNICATIONS STANDARDS-SETTING BODIES.
(a) In General.--In order to enhance the representation of
the United States and promote United States leadership in
standards-setting bodies that set standards for 5G networks
and for future generations of wireless communications
networks, the Assistant Secretary shall, in consultation with
the National Institute of Standards and Technology--
(1) equitably encourage participation by companies and a
wide variety of relevant stakeholders, but not including any
company or relevant stakeholder that the Assistant Secretary
has determined to be not trusted, (to the extent such
standards-setting bodies allow such stakeholders to
participate) in such standards-setting bodies; and
(2) equitably offer technical expertise to companies and a
wide variety of relevant stakeholders, but not including any
company or relevant stakeholder that the Assistant Secretary
has determined to be not trusted, (to the extent such
standards-setting bodies allow such stakeholders to
participate) to facilitate such participation.
(b) Standards-Setting Bodies.--The standards-setting bodies
referred to in subsection (a) include--
(1) the International Organization for Standardization;
[[Page H5070]]
(2) the voluntary standards-setting bodies that develop
protocols for wireless devices and other equipment, such as
the 3GPP and the Institute of Electrical and Electronics
Engineers; and
(3) any standards-setting body accredited by the American
National Standards Institute or Alliance for
Telecommunications Industry Solutions.
(c) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary shall brief
the Committees on Energy and Commerce and Foreign Affairs of
the House of Representatives and the Committees on Commerce,
Science, and Transportation and Foreign Relations of the
Senate on a strategy to carry out subsection (a).
(d) Definitions.--In this section:
(1) 3GPP.--The term ``3GPP'' means the 3rd Generation
Partnership Project.
(2) 5G network.--The term ``5G network'' means a fifth-
generation mobile network as described by 3GPP Release 15 or
higher.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(4) Cloud computing.--The term ``cloud computing'' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, entitled
``The NIST Definition of Cloud Computing'', published in
September 2011, or any successor publication.
(5) Communications network.--The term ``communications
network'' means any of the following:
(A) A system enabling the transmission, between or among
points specified by the user, of information of the user's
choosing.
(B) Cloud computing resources.
(C) A network or system used to access cloud computing
resources.
(6) Not trusted.--The term ``not trusted'' means, with
respect to a company or stakeholder, that the company or
stakeholder is determined by the Assistant Secretary to pose
a threat to the national security of the United States. In
making such a determination, the Assistant Secretary shall
rely solely on one or more of the following determinations:
(A) A specific determination made by any executive branch
interagency body with appropriate national security
expertise, including the Federal Acquisition Security Council
established under section 1322(a) of title 41, United States
Code.
(B) A specific determination made by the Department of
Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg.
22689; relating to securing the information and
communications technology and services supply chain).
(C) Whether a company or stakeholder produces or provides
covered telecommunications equipment or services, as defined
in section 889(f)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1918).
amendment no. 457 offered by mr. waltz of florida
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. PROHIBITION ON FUNDING TO CERTAIN GOVERNMENTS OF
AFGHANISTAN.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense for
Afghanistan may be made available to any program, project, or
activity with the government of Afghanistan if such
government includes one or more individuals belonging to an
organization designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) as a foreign
terrorist organization.
Amendment No. 458 Offered by Mr. Waltz of Florida
At the appropriate place in title II, insert the following
new section:
SEC. __. RESEARCH SECURITY TRAINING REQUIREMENT FOR FEDERAL
RESEARCH GRANT PERSONNEL.
(a) Annual Training Requirement.--Drawing on stakeholder
input, not later than 12 months after the date of the
enactment of this Act, each Federal research agency shall
establish a requirement that, as part of an application for a
research and development award from the agency--
(1) each covered individual listed on the application for a
research and development award certify that they have
completed research security training that meets the
guidelines developed under subsection (b) within one year of
the application; and
(2) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by the institution or
organization and listed on the application has been made
aware of the requirement under this subsection.
(b) Training Guidelines.--The Director of the Office of
Science and Technology Policy, acting through the National
Science and Technology Council and in accordance with the
authority provided under section 1746(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 42 U.S.C. 6601 note), shall develop guidelines for
institutions of higher education and other organizations
receiving Federal research and development funds to use in
developing their own training programs to address the unique
needs, challenges, and risk profiles of such institutions,
including adoption of training modules developed under
subsection (c).
(c) Security Training Modules.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy in coordination with the
Director of the National Science Foundation and the Director
of the National Institute of Health, and in consultation with
other relevant Federal research agencies, shall enter into an
agreement or contract with a qualified entity for the
development of online research security training modules for
the research community, including modules focused on
international collaboration and international travel, foreign
interference, and rules for proper use of funds, disclosure,
conflict of commitment, and conflict of interest.
(2) Stakeholder input.--Prior to entering into the
agreement under paragraph (1), the Director of the Office of
Science and Technology Policy shall seek input from academic,
private sector, intelligence, and law enforcement
stakeholders regarding the scope and content of training
modules, including the diversity of needs across institutions
of higher education and other awardees of different sizes and
types, and recommendations for minimizing administrative
burden on institutions of higher education and researchers.
(3) Development.--The Director of the Office of Science and
Technology Policy shall ensure that the entity identified in
paragraph (1)--
(A) develops modules that can be adapted and utilized
across Federal science agencies; and
(B) develops and implements a plan for regularly updating
the modules as needed.
(d) Constistency.--The Director of the Office of Science
and Technology Policy shall ensure that the training
requirements issued by Federal research agencies under
subsection (a) are consistent.
(e) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
who--
(A) contributes in a substantive, meaningful way to the
scientific development or execution of a research and
development project proposed to be carried out with a
research and development award from a Federal research
agency; and
(B) is designated as a covered individual by the Federal
research agency concerned.
(2) The term ``Federal research agency'' means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
(3) The term ``research and development award'' means
support provided to an individual or entity by a Federal
research agency to carry out research and development
activities, which may include support in the form of a grant,
contract, cooperative agreement, or other such transaction.
The term does not include a grant, contract, agreement or
other transaction for the procurement of goods or services to
meet the administrative needs of a Federal research agency.
Amendment No. 459 Offered by Mr. Waltz of Florida
Add at the appropriate place in title LX the following:
SEC. __. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM
PROHIBITION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, each Federal research agency shall
establish a requirement that, as part of a proposal for a
research and development award from the agency--
(1) each covered individual listed in the proposal for a
research and development award certify that they are not a
party to a malign foreign talent recruitment program from a
foreign country of concern in their proposal submission and
annually thereafter for the duration of the award; and
(2) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by the institution of
higher education or other organization has been made aware of
the requirement under this section.
(b) International Collaboration.--Each policy developed
under subsection (a) shall not prohibit--
(1) making scholarly presentations and publishing written
materials regarding scientific information not otherwise
controlled under current law;
(2) participation in international conferences or other
international exchanges, research projects or programs that
involve open and reciprocal exchange of scientific
information, and which are aimed at advancing international
scientific understanding;
(3) advising a foreign student enrolled at the covered
individual's institution of higher education or writing a
recommendation for such a student, at the student's request;
and
(4) other international activities deemed appropriate by
the Federal research agency head or their designee.
(c) Limitation.--The certifications required under
subsection (a) shall not apply retroactively to research and
development awards made prior to the establishment of the
policy by the Federal research agency.
(d) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
who--
(A) contributes in a substantive, meaningful way to the
scientific development or execution of a research and
development project proposed to be carried out with a
research and development award from a Federal research
agency; and
[[Page H5071]]
(B) is designated as a covered individual by the Federal
research agency concerned.
(2) The term ``Federal research agency'' means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
(3) The term ``foreign country of concern'' means the
People's Republic of China, the Democratic People's Republic
of Korea, the Russian Federation, the Islamic Republic of
Iran, or any other country deemed to be a country of concern
as determined by the Department of State.
(4) The term ``Malign foreign talent program'' means any
program, position, or activity that includes compensation,
including cash, research funding, promised future
compensation, or things of value, directly provided by the
foreign state at any level (national, provincial or local) or
other foreign entity, whether or not directly sponsored by
the foreign state, to the targeted individual in exchange for
the individual--
(A) transferring intellectual property, materials, or data
products owned by a U.S. entity or developed with a federal
research and development award exclusively to the foreign
country's government or other foreign entity regardless of
whether that government or entity provided support for the
development of the intellectual property, materials, or data
products;
(B) being required to recruit students or researchers to
enroll in malign foreign talent programs sponsored by the
foreign state or entity; or,
(C) establishing a laboratory, accepting a faculty
position, or undertaking any other employment or appointment
in the foreign state or entity contrary to the standard terms
and conditions of a federal research and development award.
(5) The term ``research and development award'' means
support provided to an individual or entity by a Federal
research agency to carry out research and development
activities, which may include support in the form of a grant,
contract, cooperative agreement, or other such transaction.
The term does not include a grant, contract, agreement or
other transaction for the procurement of goods or services to
meet the administrative needs of a Federal research agency.
Amendment No. 460 Offered by Ms. Waters of California
Page 449, line 16, after ``academies'' insert ``, the
Federal Officer Candidate and Training Schools,''.
Page 449, line 21, after ``academies'' insert ``, the
Federal Officer Candidate and Training Schools,''.
Page 449, line 24, after ``academies'' insert ``, the
Federal Officer Candidate and Training Schools,''.
Page 450, line 10, after ``the'' insert ``Federal Officer
Candidate and Training Schools and the''.
Amendment No. 461 Offered by Ms. Waters of California
Page 393, line 19, after ``program'' insert ``, the
demographic information of individuals enrolled in the
program,''.
Page 394, line 3, strike ``and''.
Page 394, line 5, strike the period at the end and insert
``; and''.
Page 394, after line 5, insert the following:
(6) a description of program-wide diversity and inclusion
recruitment and retention efforts.
Amendment No. 462 Offered by Ms. Waters of California
Page 1334, after line 17, insert the following:
SEC. ___. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL
FINANCIAL INSTITUTIONS.
(a) In General.--It is the policy of the United States that
it will not recognize or deal with the State Administration
Council, or any successor entity controlled by the military,
as the government of Burma for the purpose of the provision
of assistance from the international financial institutions.
(b) International Financial Institution Defined.--In
subsection (a), the term ``international financial
institution'' means the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, and the Asian Development Bank.
(c) Position of the United States.--Title XVI of the
International Financial Institutions Act (22 U.S.C. 262p-
262p-13) is amended by adding at the end the following:
``SEC. 1630. UNITED STATES POLICY ON BURMA AT THE
INTERNATIONAL FINANCIAL INSTITUTIONS.
``(a) In General.--The Secretary of Treasury shall instruct
the United States Executive Director at each international
financial institution to notify the respective institution
that the provision of any assistance to Burma through the
State Administration Council, or any successor entity
controlled by the military, except for humanitarian
assistance channeled through an independent implementing
agency, such as the United Nations Office for Project
Services (UNOPS), that would be responsible for financial
management, procurement of goods and services, and control of
the flow of funds from the international financial
institution, would be cause for a serious review of future
United States participation in the institution.
``(b) International Financial Institution Defined.--In
subsection (a), the term `international financial
institution' means the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee
Agency, and the Asian Development Bank.''.
Amendment No. 463 Offered by Mr. Wenstrup of Ohio
At the end of subtitle B of title VII, add the following
new section:
SEC. 7__. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND
MENTAL HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF
THE RESERVE COMPONENTS.
Section 1145(a)(5) of title 10, United States Code is
amended--
(1) in subparagraph (A), by striking ``The Secretary'' and
inserting ``Except as provided in subparagraph (D), the
Secretary''; and
(2) by adding at the end the following new subparagraph:
``(D) The requirement for a physical examination and mental
health assessment under subparagraph (A) shall not apply with
respect to a member of a reserve component described in
paragraph (2)(B) unless the member is retiring, or being
discharged or dismissed, from the armed forces.''.
Amendment No. 464 Offered by Ms. Wild of Pennsylvania
At the end of subtitle C of title XIII, add the following:
SEC. 1325. ANNUAL REPORT ON UNITED STATES STRATEGY TO COUNTER
MALIGN FOREIGN INFLUENCE IN AFRICA.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, and annually thereafter
for 5 years, the Secretary of State, in consultation with the
heads of other Federal departments and agencies as
appropriate, shall submit to the appropriate committees a
report on the United States strategy and associated efforts
to counter the malign influence of the People's Republic of
China, the Russian Federation, and other foreign actors who
seek to undermine United States efforts and influence in
Africa.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the scope and nature of foreign malign
influence in Africa, including malign influence that is
facilitated by the People's Republic of China, the Russian
Federation, and other actors.
(2) A detailed account of United States foreign assistance
and other initiatives developed and implemented during fiscal
years 2018, 2019, 2020, and 2021 to address foreign malign
influence in Africa, including those programs designed to
build foreign government and civil society capacity to
improve standards related to human rights, labor, anti-
corruption, fiscal transparency, and other tenets of good
governance.
(3) Analysis of policy and programmatic limitations, gaps,
and resource requirements to meet related strategic
objectives.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Appropriate Congressional Committtees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
Amendment No. 465 Offered by Ms. Wild of Pennsylvania
At the end of subtitle C of title XIII, add the following:
SEC. 13_. INDEPENDENT STUDY ON HUMAN RIGHTS ABUSES RELATED TO
THE ARMS EXPORTS OF THE TOP FIVE ARMS-EXPORTING
FOREIGN COUNTRIES.
(a) In General.--The Secretary of State, in coordination
with the Defense Security Cooperation Agency, the National
Security Council, the Secretary of Defense, and the Secretary
of Commerce, shall enter into an agreement to provide for the
conduct of an independent study on human rights abuses
related to the arms exports of the top five arms-exporting
foreign countries, including China and Russia.
(b) Matters to Be Included.--The study described in
subsection (a)--
(1) shall provide recommendations to reduce civilian harm
in foreign countries that may have occurred directly or
indirectly in connection with such arms exports, including--
(A) strategies to work with partner nations; and
(B) complementary or additional engagement, including with
capabilities;
(2) shall analyze how to reduce risk relating to such arms
exports, including through use of additional training, tools,
and data; and
(3) may include other relevant elements.
(c) Deadline.--
(1) In general.--The study described in subsection (a)
shall be completed by September 1, 2022 and shall be
submitted to the appropriate congressional committees not
later than 5 days after its completion.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
[[Page H5072]]
Amendment No. 466 Offered by Ms. Wild of Pennsylvania
At the end of subtitle C of title XIII, add the following
new section:
SEC. 13__. FUNDING FOR CIVILIAN HARM MITIGATION BY DEFENSE
SECURITY COOPERATION AGENCY.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for the Defense Security Cooperation Agency
is hereby increased by $2,000,000, of which $1,000,000 is for
the Defense Institute of International Legal Studies for
Civilian Harm Mitigation and $1,000,000 is for the Institute
of Security Governance for Civilian Harm Mitigation, for
civilian harm mitigation overall program process improvement
and management such as, at a minimum, assessment framework
development and improvement, risk analysis improvement, and
the development of new training and advising materials.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Undistributed in line 580 is hereby
reduced by $2,000,000.
Amendment No. 467 Offered by Ms. Williams of Georgia
At the end of subtitle E of title VIII, add the following
new section:
SEC. 8__. CHILD CARE RESOURCE GUIDE.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. CHILD CARE RESOURCE GUIDE.
``(a) In General.--Not later than 1 year after the date of
the enactment of this section and not less frequently than
every 5 years thereafter, the Administrator shall publish or
update a resource guide, applicable to various business
models as determined by the Administrator, for small business
concerns operating as child care providers.
``(b) Guidance on Small Business Concern Matters.--The
resource guide required under subsection (a) shall include
guidance for such small business concerns related to--
``(1) operations (including marketing and management
planning);
``(2) finances (including financial planning, financing,
payroll, and insurance);
``(3) compliance with relevant laws (including the Internal
Revenue Code of 1986 and this Act);
``(4) training and safety (including equipment and
materials);
``(5) quality (including eligibility for funding under the
Child Care and Development Block Grant Act of 1990 as an
eligible child care provider); and
``(6) any other matters the Administrator determines
appropriate.
``(c) Consultation Required.--Before publication or update
of the resource guide required under subsection (a), the
Administrator shall consult with the following:
``(1) The Secretary of Health and Human Services.
``(2) Representatives from lead agencies designated under
section 658D of the Child Care and Development Block Grant
Act of 1990.
``(3) Representatives from local or regional child care
resource and referral organizations described in section
658E(c)(3)(B)(iii)(I) of the Child Care and Development Block
Grant Act of 1990.
``(4) Any other relevant entities as determined by the
Administrator.
``(d) Publication and Dissemination Required.--
``(1) Publication.--The Administrator shall publish the
resource guide required under subsection (a) in English and
in the 10 most commonly spoken languages, other than English,
in the United States, which shall include Mandarin,
Cantonese, Japanese, and Korean. The Administrator shall make
each translation of the resource guide available on a
publicly accessible website of the Administration.
``(2) Distribution.--
``(A) Administrator.--The Administrator shall distribute
the resource guide required under subsection (a) to offices
within the Administration, including district offices, and to
the persons consulted under subsection (c).
``(B) Other entities.--Women's business centers (as
described under section 29), small business development
centers, chapters of the Service Corps of Retired Executives
(established under section 8(b)(1)(B)), and Veteran Business
Outreach Centers (as described under section 32) shall
distribute to small business concerns operating as child care
providers, sole proprietors operating as child care
providers, and child care providers that have limited
administrative capacity, as determined by the Administrator--
``(i) the resource guide required under subsection (a); and
``(ii) other resources available that the Administrator
determines to be relevant.''.
Amendment No. 468 Offered by Ms. Williams of Georgia
Add at the end of title LX the following:
SEC. 6013. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.
(a) In General.--There is established the National Equal
Pay Enforcement Task Force, consisting of representatives
from the Equal Employment Opportunity Commission, the
Department of Justice, the Department of Labor, and the
Office of Personnel Management.
(b) Mission.--In order to improve compliance, public
education, and enforcement of equal pay laws, the National
Equal Pay Enforcement Task Force will ensure that the
agencies in subsection (a) are coordinating efforts and
limiting potential gaps in enforcement.
(c) Duties.--The National Equal Pay Enforcement Task Force
shall investigate challenges related to pay inequity pursuant
to its mission in subsection (b), advance recommendations to
address those challenges, and create action plans to
implement the recommendations.
amendment no. 469 offered by mr. wilson of south carolina
Page 447, line 2, strike ``Of the amount'' and insert the
following:
(1) In general.--Of the amount
Page 447, after line 9, insert the following:
(2) Allocation for high concentration schools.--Of the
amount made available under paragraph (1), $10,000,000 shall
be available for use by the Secretary of Defense to make
payments to local educational agencies determined by the
Secretary to have higher concentrations of military children
with severe disabilities.
amendment no. 470 offered by mr. wittman of virginia
Add at the end of subtitle A of title XVI the following new
section:
SEC. 1609. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.
(a) Finding.--Congress finds that modern high-throughput
non-geostationary orbit satellite constellations provide
robust commercial satellite communication capabilities that
enable current military operations and facilitate advanced
communications networks that would provide significant
quality of life enhancements for deployed personnel of the
Navy.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments
and heads of the Defense Agencies, shall submit to the
congressional defense committees a report on current
commercial satellite communication initiatives, particularly
with respect to new non-geostationary orbit satellite
technologies, the Navy has employed to increase satellite
communication throughput to afloat platforms currently
constrained by legacy capabilities. The report shall include
the following:
(1) A potential investment strategy concerning how to
operationalize commercial satellite communication
capabilities using non-geostationary orbit satellites across
the fleet, including--
(A) requisite funding required to adequately prioritize and
accelerate the integration of such capabilities into Navy
warfighting systems; and
(B) future-year spending projections for such efforts that
align with other satellite communication investments of the
Department.
(2) An integrated satellite communications reference
architecture roadmap for the Navy to achieve a resilient,
secure network for operationalizing commercial satellite
communication capabilities using non-geostationary orbit
satellites across the Navy that is capable of leveraging
multi-band and multi-orbit architectures, including
requirements that enable maximum use of commercially
available technologies.
amendment no. 471 offered by mr. young of alaska
Add at the end of subtitle E of title X the following new
section:
SEC. 10__. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT
RESCUE AIRCRAFT AND EQUIPMENT.
The Secretary of the Air Force shall submit to the
congressional defense committees a strategy for the
Department of Air Force for the acquisition of combat rescue
aircraft and equipment that aligns with the stated capability
and capacity requirements of the Air Force to meet the
national defense strategy (required under section 113(g) of
title 10, United States Code) and Arctic Strategy of the
Department of the Air Force.
amendment no. 472 offered by mr. schneider of illinois
At the end of subtitle E of title VIII, insert the
following:
SEC. 8__. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the National
Guard or Reserves;
``(B) an individual who is participating in the Transition
Assistance Program established under section 1144 of title
10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch of the Armed
Forces, including the National Guard or Reserves; and
``(ii) was discharged or released from such service under
conditions other than dishonorable; and
[[Page H5073]]
``(D) a spouse or dependent of an individual described in
subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent
4 fiscal years, the Administrator shall carry out a program
to be known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to covered
individuals interested in business ownership; and
``(B) provide covered individuals with the tools, skills,
and knowledge necessary to identify a business opportunity,
draft a business plan, identify sources of capital, connect
with local resources for small business concerns, and start
up a small business concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program may
include--
``(i) a presentation providing exposure to the
considerations involved in self-employment and ownership of a
small business concern;
``(ii) an online, self-study course focused on the basic
skills of entrepreneurship, the language of business, and the
considerations involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction component
providing an introduction to the foundations of self
employment and ownership of a small business concern; and
``(iv) in-depth training delivered through online
instruction, including an online course that leads to the
creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private entities to
develop course curricula for the Boots to Business Program;
and
``(ii) modify program components in coordination with
entities participating in a Warriors in Transition program,
as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator shall--
``(I) ensure that Veteran Business Outreach Centers
regularly participate, on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent practicable, use a variety of
other resource partners and entities in administering the
Boots to Business Program.
``(ii) Grant authority.--In carrying out clause (i), the
Administrator may make grants to Veteran Business Outreach
Centers, other resource partners, or other entities to carry
out components of the Boots to Business Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business Program,
including all course materials and outreach materials related
to the Boots to Business Program, for inclusion on the
website of the Department of Defense relating to the
Transition Assistance Program, in the Transition Assistance
Program manual, and in other relevant materials available for
distribution from the Secretary of Defense.
``(E) Availability to veterans affairs.--In consultation
with the Secretary of Veterans Affairs, the Administrator
shall make available for distribution and display at local
facilities of the Department of Veterans Affairs outreach
materials regarding the Boots to Business Program which
shall, at a minimum--
``(i) describe the Boots to Business Program and the
services provided; and
``(ii) include eligibility requirements for participating
in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter,
the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report on
the performance and effectiveness of the Boots to Business
Program, which may be included as part of another report
submitted to such Committees by the Administrator, and which
shall include--
``(A) information regarding grants awarded under paragraph
(4)(C);
``(B) the total cost of the Boots to Business Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of the Boots
to Business Program;
``(E) to the extent possible--
``(i) the demographics of program participants, to include
gender, age, race, relationship to military, military
occupational specialty, and years of service of program
participants;
``(ii) the number of small business concerns formed or
expanded with assistance under the Boots to Business Program;
``(iii) the gross receipts of small business concerns
receiving assistance under the Boots to Business Program;
``(iv) the number of jobs created with assistance under the
Boots to Business Program;
``(v) the number of referrals to other resources and
programs of the Administration;
``(vi) the number of program participants receiving
financial assistance under loan programs of the
Administration;
``(vii) the type and dollar amount of financial assistance
received by program participants under any loan program of
the Administration; and
``(viii) results of participant satisfaction surveys,
including a summary of any comments received from program
participants;
``(F) an evaluation of the effectiveness of the Boots to
Business Program in each region of the Administration during
the most recent fiscal year;
``(G) an assessment of additional performance outcome
measures for the Boots to Business Program, as identified by
the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are covered
individuals;
``(I) an explanation of how the Boots to Business Program
has been integrated with other transition programs and
related resources of the Administration and other Federal
agencies; and
``(J) any additional information the Administrator
determines necessary.''.
amendment no. 473 offered by mr. smith of new jersey
In the appropriate place in title LX, insert the following:
SEC. _. ENSURING THAT CONTRACTOR EMPLOYEES ON ARMY CORPS
PROJECTS ARE PAID PREVAILING WAGES AS REQUIRED
BY LAW.
The Assistant Secretary of the Army for Civil Works shall
provide to each Army Corps district clarifying, uniform
guidance with respect to prevailing wage requirements for
contractors and subcontractors of the Army Corps that--
(1) conforms with the Department of Labor's regulations,
policies, and guidance with respect to the proper
implementation and enforcement of subchapter IV of chapter 31
of title 40, United States Code (commonly known as the
"Davis-Bacon Act") and other related Acts, including the
proper classification of all crafts by Federal construction
contractors and subcontractors;
(2) directs Army Corps districts to investigate worker
complaints and third-party complaints within 30 days of the
date of filing; and
(3) instructs Army Corps districts that certified payroll
reports submitted by contractors and subcontractors and the
information contained therein shall be publicly available and
are not exempt from disclosure under section 552(b) of title
5, United States Code.
amendment no. 474 offered by mr. lieu of california
Page 1390, after line 19, insert the following:
SEC. 6013. DEFINITION OF LAND USE REVENUE UNDER WEST LOS
ANGELES LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016
(Public Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds received as
compensation for an easement described in subsection (e);
and''.
amendment no. 475 offered by ms. slotkin of michigan
Page 495, line 18, strike ``to approximate'' and all that
follows through ``meat products'' and insert ``from plants
(such as vegetables, beans, and legumes), fungi, or other
non-animal sources of protein''.
amendment no. 476 offered by ms. escobar of texas
At the end of subtitle J of title V, insert the following:
SEC. 596. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.
(a) Study.--The Comptroller General of the United States
shall evaluate the tattoo policies of each Armed Force,
including--
(1) the effects of such policies on recruitment, retention,
reenlistment of members of the Armed Forces; and
(2) processes for waivers to such policies to recruit,
retain, or reenlist members who have unauthorized tattoos.
(b) Report.--Not later than March 31, 2022, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing
the results of the evaluations under subsection (a).
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Washington (Mr. Smith) and the gentleman from Alabama
(Mr. Rogers) each will control 15 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Speaker, I yield myself such time as I
may consume, and I urge passage of the amendments en bloc.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentlewoman from New York (Ms. Tenney),
[[Page H5074]]
an outstanding member of our Conference.
Ms. TENNEY. Mr. Speaker, I rise today in support of two of my
amendments that are included in this en bloc.
Amendment No. 333 authorizes a long-overdue China watcher program
within the Department of State. This program aims to monitor and combat
Chinese malign influence across economic and political sectors in
certain high-priority countries.
The People's Republic of China is challenging the United States at
multiple levels and remains a threat to our vitally important interests
across the globe. The threats posed by the PRC demand greater
resources, which is exactly what this amendment delivers.
My second amendment, No. 343, establishes a program for the
Department of the Air Force to develop a proof-of-concept quantum
network testbed. This will support the incredible work the Air Force is
doing around the country, including the information directorate in
Rome, New York, which is in the heart of my district in New York.
The establishment of this program will deepen the military's
expertise in cutting-edge quantum computing. It will enable the United
States to compete globally with our adversaries, dominate the virtual
battlespace, and counter emerging threats.
Mr. Speaker, I thank Chairman Smith and Ranking Member Rogers for the
work they put into shepherding this bill through Congress and rejecting
partisan cuts to our Nation's military that were proposed by the
administration.
Mr. Speaker, I urge all of my colleagues to support this en bloc.
Mr. SMITH of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Steil).
Mr. STEIL. Mr. Speaker, I appreciate the time of the gentleman.
Mr. Speaker, the mishandled evacuation from Afghanistan was a tragic
disaster. The fundamental misunderstanding of the situation on the
ground, a faulty plan for withdrawal, and poor strategic decisionmaking
in Washington put our troops in harm's way, leading to the abandonment
of American citizens and the deaths of 13 brave American
servicemembers, including critical injuries to two marines from the
First Congressional District of Wisconsin.
My amendments to the national defense bill are directed at getting
answers for our troops and the American people, and I ask my colleagues
for their support.
My first amendment would require the Treasury Department to report to
Congress on the current status of the U.S. and U.N. sanctions on the
Taliban. We must look at the current gaps in our sanctions and ensure
that the Taliban is not able to finance their takeover by profiting
from the drug trade and rare earth minerals.
My second amendment would require the Treasury Department to
regularly report to Congress on any sanctions waivers provided to allow
transactions between financial institutions and targeted individuals.
In addition, my amendment requires the Treasury Department to list
out foreign banks that conduct significant transactions for persons
that have been sanctioned for human rights abuses or corruption.
My third amendment will hold Iran accountable. Iran has been
emboldened. At a time when this administration is signaling that they
intend to remove sanctions with Iran, we must ensure U.S. sanctions are
enforced to prevent the world's largest state sponsor of terrorism from
obtaining a nuclear weapon.
Congress must understand the full nature of Iran's power and
undertake a full audit of how Iranian-backed groups in the Iraqi
Popular Mobilization Forces took advantage of U.S. assistance given to
the Iraqi Government in the anti-ISIS campaign.
Finally, I introduced an amendment with my colleague, Congresswoman
Dean. Our bill improves intelligence coordination to combat the illicit
financing of human trafficking.
Mr. Speaker, I urge my colleagues to support these amendments.
Mr. SMITH of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Wisconsin (Mr. Tiffany).
Mr. TIFFANY. Mr. Speaker, I rise in support of this amendment, and I
thank the gentleman from Alabama for the time.
The amendment I speak of comes after many years of experiencing well-
documented U.S. Navy maintenance backlogs and deficiencies and much-
needed naval upgrades. These backlogs and deficiencies seriously
inhibit our force-in-readiness and operational capabilities.
Our military needs to be the readiest it can be in order to meet the
challenges of the future, and this amendment will help do that.
Shipyards across the country are ready, willing, and able to support
the maintenance and upgrade requirements needed by our naval assets,
including one in Superior, Wisconsin, in my congressional district.
These non-homeport shipyards can support vital surge capacity,
addressing maintenance needs that cannot always be addressed in a
timely fashion at homeports. This change will also support good family-
wage jobs across the country.
Mr. Speaker, I am really pleased to have worked with Representative
Stauber just across the border on this amendment. It is so important.
By utilizing those people who work in the twin ports of Superior and
Duluth, with their exceptional workmanship that they provide for
shipbuilding on the Great Lakes, I think this makes this amendment very
worthy.
Mr. SMITH of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Kentucky (Mr. Guthrie), my friend and colleague and a
real leader on the Committee on Energy and Commerce.
Mr. GUTHRIE. Mr. Speaker, I thank my friend from Alabama for
yielding.
Mr. Speaker, I rise to express concerns with the Thompson amendment
No. 427. The amendment requires the Department of Homeland Security,
DHS, to establish a medical countermeasures program for preparedness
and response capabilities. It also requires DHS to maintain and pre-
position a stockpile of medical countermeasures.
After dealing with the ongoing pandemic for the past year and a half,
we can all appreciate the necessity of being prepared to deal with
these threats. However, this new program is completely duplicative of
existing initiatives at HHS.
Currently, under HHS, the Strategic National Stockpile, or SNS, is
part of the Federal medical response infrastructure for such attacks.
The Public Health Emergency Medical Countermeasures Enterprise
determines optimal allocation of resources and organization of the
stockpile to best address high-priority threats.
This interagency coordination already includes the input of the
Department of Homeland Security and coordinates Federal efforts to
combat these threats. While I do believe we should evaluate our
country's pandemic response given the COVID-19 pandemic, we do not need
to create a duplicative program that will only lead to confusion and
hinder coordination.
Mr. SMITH of Washington. Mr. Speaker, I continue to reserve the
balance of my time.
{time} 1830
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, again, I want to state this en bloc package was reached
in close coordination between the majority and minority. I urge its
favorable support, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Speaker, I also support the en bloc.
This will be the last chance for me to speak before we conclude the
amendment process, so I do just want to make a final pitch for the
underlying piece of legislation.
I think the amendment process has gone just fine. The underlying bill
is incredibly well put together in the manner we have described, has
bipartisan support, reflects a lot of the ideas and priorities of
Members of Congress from both sides of the aisle as well, and from even
outside the committee.
[[Page H5075]]
I think we have an excellent piece of legislation that will help meet
the national security needs of our country, and I urge support for the
bill in the final passage process, which will happen at some point
tomorrow after we vote on, I don't know, 18-20 amendments, something
like that. We will be here awhile.
Don't forget what brought us here in the first place. The need to
pass the National Defense Authorization Act and maintain our commitment
to put the men and women who serve in the military in the best possible
position to carry out the missions that we give them.
Mr. Speaker, I urge support for final passage of the bill and urge
support for this en bloc amendment, and I yield back the balance of my
time.
Mr. SMITH of New Jersey. Mr. Speaker, in the spirit of transparency
and accountability my amendment directs the Government Accountability
Office (GAO) to probe whether the Department of Defense ever weaponized
ticks with Lyme disease or any other dangerous pathogen.
Two similar amendments I have offered--one for an investigation by
the Inspector General and another by the GAO--previously passed the
House but did not make it through the Senate. I offer it again as the
investigation and research may help uncover decades-old information and
possibly provide some answers for those that suffer from Lyme.
Americans deserve the truth.
For years, books and articles have been written credibly asserting
that significant research at Fort Detrick, Plum Island, and elsewhere
was conducted to turn ticks into bioweapons.
In her book, ``Bitten: The Secret History of Lyme Disease and
Biological Weapons,'' Kris Newby includes interviews with Dr. Willy
Burgdorfer, the researcher who is credited with discovering Lyme
disease. It turns out that Dr. Burgdorfer was a bioweapons specialist.
The interviews, combined with access to Dr. Burgdorfer's files, reveal
that he and other bioweapons specialists stuffed ticks with pathogens
in a quest to cause severe disability, disease, and death.
Mr. Speaker, Lyme disease and other tick-borne diseases are exploding
in the United States. According to the December 2020 report of the
Health & Human Services' Tick-Borne Disease Working Group--a federal
advisory committee created by language included in the 21st Century
Cures Act, which I fought for--Lyme disease is the most common tick-
borne disease with an estimated 300,000 new cases diagnosed each year.
A figure that many researchers, and Lyme-literate doctors, believe is
underreported and could be upwards of 476,000 cases each year.
I also might add that this threat is very real for our servicemembers
as they train in the field, especially at Fort Dix in my district where
the geographic area has an increased prevalence of Lyme. To stop the
spread of these horrific tickborne diseases, we must first understand
their origins and how they came to be so pervasive.
Mr. Speaker, my amendment tasks the GAO to ask the hard questions
about DOD's bioweapons research on ticks from 1950 to 1977. What were
the parameters of the program if there was one? Who ordered it? Was
there any accidental release anywhere or at any time of any of the
diseased ticks? And the most important question, can any of this
information that might be derived from that study, that audit, help
current day researchers find a way to mitigate these diseases?
10 to 20 percent of Americans with Lyme suffer with chronic Lyme
disease. They have a right to know whether any of this is true, and if
any old research documents could be applied by current-day scientists
to finding a better diagnostic or treatment for Lyme disease--something
that's desperately needed.
If the investigation concludes our government's bioweapons program
did not contribute to the proliferation of Lyme, we tum the page. And
if it did, hopefully this investigation and research will contribute to
a cure.
Mr. SCOTT of Virginia. Mr. Speaker, I rise today in support of my
amendment to the National Defense Authorization Act which would deliver
a win-win-win for stormwater-stressed ecosystems; the military; and
communities, like Hampton Roads, that host military installations. I
was pleased to introduce this bipartisan amendment with support from my
Hampton Roads colleagues, Representatives Luria and Wittman, as well as
Representatives Sarbanes and Brown from Maryland and Representative
Mace from South Carolina.
Flooding that occurs on and around bases jeopardizes military
readiness and compounds the stress of military families. In addition to
causing flooding, stormwater also remains a stubborn source of
pollution in the Chesapeake Bay, complicating the ongoing work to
restore this national treasure. For that reason, I introduced this
amendment to enhance both community resilience and the health of
waterways.
As rainwater falls on and travels across pavement and other
impermeable surfaces, it picks up all kinds of things--nutrients from
lawn fertilizer, pet waste, sediments, and chemicals that pollute the
Chesapeake Bay and its tributaries. Because climate change and
unchecked emissions are heating up our atmosphere and oceans, extreme
precipitation events and deadly storms, like Ida, have become more
severe. In addition to more frequent and severe precipitation events on
land, climate change-driven sea level rise also wreaks havoc on coastal
stormwater systems, especially during high tide.
My amendment would help address the growing threat stormwater poses
by expanding the authorization of existing infrastructure and
resilience programs to help slow, store, and filter stormwater on
military bases and in the communities that host them. Through the
implementation of low impact design and installation of stormwater
management features like stormwater ponds, rain gardens, permeable
pavement, cisterns, and tree boxes, my amendment will reduce the stress
on water infrastructure and address both the issue of flooding and
stormwater pollution.
The military recognizes climate change as the ``threat multiplier''
that it is and I am grateful for the Department of Defense's
partnership in the coordinated effort to restore the Chesapeake Bay.
This amendment will provide the military the authorization it needs to
integrate its work to enhance mission readiness with its work to
protect the communities and watersheds in which installations are
situated.
While we continue to work to enhance resilience in Hampton Roads and
beyond, we must also work to rapidly mitigate emissions and protect
precious carbon sinks--like the Chesapeake Bay--to avoid the worst of
the climate crisis.
I urge my colleagues to support this amendment in en bloc number
four.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendments en bloc offered by the
gentleman from Washington (Mr. Smith).
The question is on the amendments en bloc offered by the gentleman
from Washington (Mr. Smith).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 241 Offered by Ms. Leger Fernandez
The SPEAKER pro tempore. It is now in order to consider amendment No.
241 printed in part C of House Report 117-125.
Ms. LEGER FERNANDEZ. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of title LX of division E the following:
SEC. ___. AMENDMENT TO RADIATION EXPOSURE COMPENSATION ACT.
Section 2(a)(1) of the Radiation Exposure Compensation Act
(Public Law 101-426; 42 U.S.C. 2210 note) is amended by
inserting ``, including individuals in New Mexico, Idaho,
Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington,
South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands,'' after ``tests exposed individuals''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from New Mexico (Ms. Leger Fernandez) and a Member opposed
each will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. LEGER FERNANDEZ. Mr. Speaker, everyone knows the first atomic
bomb was exploded at the Trinity Site in New Mexico. In fact, between
1945 and 1992, the United States Government conducted more than 200
aboveground nuclear tests. These tests exposed nearby communities and
the people living and working in those communities to radiation.
As a result of the exposure, tens of thousands of downwinders
contracted cancers and other diseases. In 1999, in recognition of this
exposure, Congress passed the Radiation Exposure Compensation Act to
provide a one-time payment to many of these individuals
[[Page H5076]]
in addition to the uranium miners, millers, and transporters.
Unfortunately, downwinders in many States, including my beautiful
State of New Mexico, were not included and left to deal with the health
effects of these explosions, like the very first bomb, on their own.
I recently met with Tina Cordova and members of the Tularosa Basin
Downwinder Coalition. They told me the stories of their loved ones who
died as a result of these tests. They have fought for so long for the
government to simply recognize them and their pain. We do hear their
voices, we see their pain, and now we must act.
It is not just New Mexicans that have suffered, it is people from
Washington to the Dakotas to Texas, and all the way to Guam.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
support amendment No. 241, and provide an apology to individuals in New
Mexico, Idaho, Colorado, Arizona, Utah, Texas, Wyoming, Oregon,
Washington, South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands, who were exposed to radiation during the government's
nuclear testing.
Identical language was included in the House-passed National Defense
Authorization Acts for both 2019 and 2020.
It is past time for Congress to begin to acknowledge the harm nuclear
testing caused to these communities by passing this amendment. Our
government owes these communities a formal apology. Let's do that.
My amendment is supported by Members on both sides of the aisle, and
I urge my colleagues to vote for it, and I reserve the balance of my
time.
Mr. McCLINTOCK. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes.
Mr. McCLINTOCK. Mr. Speaker, near the end of World War II, the United
Stated detonated the first atomic weapon at the Trinity Test Site in
New Mexico.
Between this first test in 1945 and 1963, the United States did
conduct nearly 200 atmospheric, that is aboveground, atomic weapons
tests. These activities and other aspects of our atomic weapons program
may indeed have led to cancer in some people and other radiation-
related illnesses.
That is why, in 1990, Congress passed the Radiation Exposure
Compensation Act, or RECA, to provide restitution to these individuals.
This would add to RECA an apology to individuals in many States. Now,
notably, this amendment would extend an apology to individuals residing
in States not even eligible for compensation under the current terms of
RECA.
After Congress last extended and expanded RECA in 2000, the National
Academies of Sciences, Engineering, and Medicine studied the effect of
nuclear weapons tests on the health of surrounding populations. This
study concluded, ``the scientific evidence indicates that in most cases
it is unlikely that exposure to radiation from fallout was a
substantial contributing cause to developing cancer.''
Simply put, the science does not support the assertion that atomic
weapons testing caused widespread instances of cancer. Despite this
finding, the amendment before us would declare that U.S. atomic weapons
testing caused cancer in individuals in New Mexico, Idaho, Colorado,
Arizona, Utah, Texas, Wyoming, Oregon, Washington, South Dakota, North
Dakota, Nevada, Guam, and the Northern Mariana Islands.
The Democrats are fond of saying we must follow the science when they
forbid Americans from going to work or children from attending school
or families from attending church. I wish they would actually follow
the science not only when they find it politically convenient, but when
they find it politically inconvenient.
Any change to RECA must be fully considered by the Judiciary
Committee to ensure that compensation is only provided for illnesses
that can be reasonably traced to activities of the U.S. Government.
On a personal note, I would add that my father, in 1945, was serving
in the 88th Infantry Division in Italy. They were under orders to
prepare to ship out for the invasion of the Japanese mainland. That
invasion would have created a slaughter on both sides unimaginable to
history.
The development of this weapon prevented that from occurring and
saved countless Japanese and American lives and the slaughter that
would have otherwise unfolded. That is not something I intend to
apologize for.
Mr. Speaker, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Ms. LEGER FERNANDEZ. Mr. Speaker, precisely because of the importance
of those atomic tests and the impact on the people of New Mexico, which
we all recognize was the very first test of an atomic bomb, and the
importance that it played in our history, and the ending of World War
II.
What we are asking for, at the very least, is an apology not for the
bomb, but for the impact; the impact that it had on those lives of
those people in those communities who are people that I know. They are
grandparents and children, they are my neighbors. And I believe, that
at the very least, we must apologize to those who we left out of RECA
for the impact that they suffered with regards to their health.
Mr. Speaker, I yield back the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from New Mexico (Ms. Leger Fernandez).
The question is on the amendment offered by the gentlewoman from New
Mexico (Ms. Leger Fernandez).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendment No. 304 will not be offered.
{time} 1845
Amendment No. 435 Offered by Mrs. Torres of California
The SPEAKER pro tempore. It is now in order to consider amendment No.
435 printed in part C of House Report 117-125.
Mrs. TORRES of California. Mr. Speaker, I would like to present my
amendment No. 435.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
amendment no. 435 offered by mrs. torres of california
At the end of title LX of division E, add the following:
SEC. 6013. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS
FOR EXPORT OF CERTAIN ITEMS REMOVED FROM THE
JURISDICTION OF THE UNITED STATES MUNITIONS
LIST AND MADE SUBJECT TO THE JURISDICTION OF
THE EXPORT ADMINISTRATION REGULATIONS.
(a) In General.--The Secretary of Commerce may not grant a
license or other authorization for the export of covered
items unless before granting the license or other
authorization the Secretary submits to the chairman and
ranking member of the Committee on Foreign Affairs of the
House of Representatives and the chairman and ranking member
of the Committee on Foreign Affairs of the Senate a written
certification with respect to such proposed export license or
other authorization containing--
(1) the name of the person applying for the license or
other authorization;
(2) the name of the person who is the proposed recipient of
the export;
(3) the name of the country or international organization
to which the export will be made;
(4) a description of the items proposed to be exported; and
(5) the value of the items proposed to be exported.
(b) Form.--A certification required under subsection (a)
shall be submitted in unclassified form, except that
information regarding the dollar value and number of items
proposed to be exported may be restricted from public
disclosure if such disclosure would be detrimental to the
security of the United States.
(c) Deadlines; Waiver.--A certification required under
subsection (a) shall be submitted--
(1) at least 15 calendar days before a proposed export
license or other authorization is granted in the case of a
transfer of items to a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, the
Republic of Korea, Israel, or New Zealand, and
[[Page H5077]]
(2) at least 30 calendar days before a proposed export
license or other authorization is issued in the case of a
transfer of items to any other country.
(d) Congressional Resolution of Disapproval.--A proposed
export license or other authorization described in paragraph
(1) of subsection (c) shall become effective after the end of
the 15-day period described in such paragraph, and a proposed
export license or other authorization described in paragraph
(2) of subsection (c) shall become effective after the end of
the 30-day period specified in such paragraph, only if the
Congress does not enact, within the applicable time period, a
joint resolution prohibiting the export of items with respect
to the proposed export license.
(e) Definitions.--In this section:
(1) Covered items.--The term ``covered items'' means items
that--
(A) were included in category I of the United States
Munitions List (as in effect on January 1, 2020);
(B) were removed from the United States Munitions List and
made subject to the jurisdiction of the Export Administration
Regulations through publication in the Federal Register on
January 23, 2020; and
(C) are valued at $1,000,000 or more.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth
in subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(3) United states munitions list.--The term ``United States
Munitions List'' means the list maintained pursuant to part
121 of title 22, Code of Federal Regulations.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from California (Mrs. Torres) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Mrs. TORRES of California. Mr. Speaker, I rise today in support of my
amendment--a very simple amendment. My amendment seeks to restore
congressional notification requirements on a category of munitions
export licenses.
For decades, when a U.S. company wanted to export these munitions,
the sale required authorization from the Federal Government. The State
Department has the responsibility for issuing approvals for most types
of weapons once it has assessed any impact on our national security or
our foreign policy.
The State Department was also required to notify Congress every time
it approved a license. Unfortunately, the Trump administration changed
all of this. It moved the licensing of firearms export sales from the
State Department to the Department of Commerce, and it changed the
standard review process.
They also ended the congressional notification process. The
Department of Commerce is not currently required to notify Congress
when they issue a munitions export license.
I strongly opposed those changes.
Given the serious national security implications of foreign munitions
sales and the possibility that those weapons could end up in the wrong
hands, Congress has a clear policy interest in understanding when they
occur.
This amendment will restore those notification requirements by
mandating that the Department of Commerce follow the same procedure and
guidelines that was in place prior to that change.
Frankly, I am surprised that anyone is objecting to restoring
longstanding congressional oversight powers.
I hope my colleagues will support my amendment to ensure that foreign
munitions sales receive the careful scrutiny they deserve.
Mr. Speaker, I urge a ``yes'' vote on this amendment, and I reserve
the balance of my time.
Mr. PERRY. Mr. Speaker, I rise in opposition to the amendment, and I
am opposed to the legislation.
The SPEAKER pro tempore. The gentleman from Pennsylvania is
recognized for 5 minutes.
Mr. PERRY. Mr. Speaker, on January 23, 2020, President Trump carried
forward an initiative that had begun in 2010 focused on improving
processes for reviewing arms exports, including making necessary
updates to the United States Munitions List. Specifically, the items
that moved fell within the category of firearms, for sure, however,
only certain items were moved, not all.
The State Department retains oversight of those defense articles and
services that provide a critical military or intelligence advantage or,
in the case of weapons, are inherently for military end use.
Now, what does that mean?
That means fully automatic firearms and modern artillery, silencers,
components, parts, and accessories specifically designed for automatic
firearms remain on the munitions list under State Department
jurisdiction. These are still subject to congressional notification
requirements as appropriate.
For the items that were moved to Commerce, their export still
requires authorization, but under Commerce Department regulations.
Just keep in mind, Mr. Speaker, we compete. Even arms manufacturers
in the United States still have to compete globally. Now, we can either
sell American arms to our allies, or we can have them go shop with
Russia or China. That would be great.
Now, the Department of Commerce has been regulating exports of
shotguns and specific types of ammunitions for decades and continues to
do so today. For goodness' sake, even President Biden, who really
doesn't have a clue about weapons, recommended that we all get a
shotgun, didn't he? He said that.
The House Foreign Affairs Committee has the ability and
responsibility to request any licenses or authorizations approved or
denied by Commerce, pursuant to the Export Control Reform Act passed in
August of 2018. To date, there has not been any inappropriate licenses
issued for any of these items to any entities--none.
Moreover, no Member has even requested licensing information from
Commerce since this shift. There just simply has not been any problem.
Mr. Speaker, this is a solution that is looking for a problem. There
isn't a problem. There is no basis for this amendment as it directly
contradicts the spirit of this regulatory change. Shifting this
regulatory function to Commerce does not and never has governed the
illicit transfer of firearms.
This is about the illicit transfer of firearms. If we wanted to get
to the illicit transfer of firearms, and my colleagues on the other
side were really serious about that, they would be interested to find
out what ever happened with Fast and Furious. That was an illicit
transfer of firearms.
This amendment falsely claims to address illicit transfer of
firearms. This is not an amendment that will address that.
Mr. Speaker, I reserve the balance of my time.
Mrs. TORRES of California. Mr. Speaker, we can reserve the debate
whether the State Department or the Commerce Department should have
jurisdiction over gun sale exports.
This amendment is not about that. This amendment is very simple. It
restores a longstanding requirement to notify Congress--a notification.
That is not dictating to anyone where they should sell or whom they
should sell weapons to. Simply report to Congress.
Mr. Speaker, I respectfully request a ``yes'' vote on this amendment,
and I yield back the balance of my time.
Mr. PERRY. Mr. Speaker, I just want to reiterate that the House
Foreign Affairs Committee--that is a committee in Congress. That is
Congress, by the way. That is what Congress is.
The House Foreign Affairs Committee can request and has the
authorization to approve or deny these exports pursuant to the Export
Control Reform Act passed in August of 2018. It is already covered. All
we are doing is adding redundancy. All we are doing is making it more
difficult if we pass this for us to sell our allies things that they
want to have from us and we want to sell to them.
Why would we make that more difficult? It seems to me we want to help
our allies and our allies want to help us.
Mr. Speaker, I yield back the balance of my time.
{time} 2050
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from California (Mrs. Torres).
The question is on the amendment offered by the gentlewoman from
California (Mrs. Torres).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. HIGGINS of Louisiana. Mr. Speaker, on that I demand the yeas and
nays.
[[Page H5078]]
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendment No. 453 will not be offered.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
4350 is postponed.
____________________