[Congressional Record Volume 167, Number 176 (Wednesday, October 6, 2021)]
[Senate]
[Pages S6945-S6946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3842. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed by her to the bill S. 2792, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes.; 
which was ordered to lie on the table; as follows:

        At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2836. PROHIBITION ON CLOSING OR RELOCATING MARINE CORPS 
                   RECRUIT DEPOT IN SAN DIEGO, CALIFORNIA.

       No Federal funds may be used to close or relocate the 
     Marine Corps Recruit Depot in San Diego, California, or to 
     conduct any planning or other activity related to such 
     closure or relocation.

[[Page S6946]]

  

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  SA 3843. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. 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) any funds received as compensation for an easement 
     described in subsection (e); and''.
                                 ______
                                 
  SA 3844. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DECLARATION OF EMERGING THREAT.

       (a) In General.--Congress declares methamphetamine an 
     emerging drug threat, as defined in section 702 of the Office 
     of National Drug Control Policy Reauthorization Act of 1998 
     (21 U.S.C. 1701), in the United States.
       (b) Required Emerging Threat Response Plan.--Not later than 
     90 days after the date of enactment of this Act, the Director 
     of the Office of National Drug Control Policy shall establish 
     and implement an Emerging Threat Response Plan that is 
     specific to methamphetamine in accordance with section 709(d) 
     of the Office of National Drug Control Policy Reauthorization 
     Act of 1998 (21 U.S.C. 1708(d)).
                                 ______
                                 
  SA 3845. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 596. AUTHORITY OF STATES TO USE NATIONAL GUARD MEMBERS 
                   PERFORMING ACTIVE GUARD AND RESERVE DUTY DURING 
                   STATE-DIRECTED RESPONSES TO DOMESTIC INCIDENTS.

       Section 328(b) of title 32, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``A member''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Under regulations prescribed by the Chief of the 
     National Guard Bureau, the adjutant general of the 
     jurisdiction concerned may authorize a member of the National 
     Guard performing duty under subsection (a) to perform 
     additional duties in response to a State-declared emergency 
     or disaster provided that the adjutant general determines 
     that members performing such additional duties will derive a 
     benefit that satisfies or complements training requirements 
     for the wartime mission or other training objectives of the 
     members' unit.''.
                                 ______
                                 
  SA 3846. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTIONS FOR COVERED INDIVIDUALS.

        Section 7211 of title 5, United States Code, is amended--
       (1) by striking ``The right of employees'' and inserting 
     the following:
       ``(a) In General.--The right of covered individuals''; and
       (2) by adding at the end the following:
       ``(b) Remedies.--
       ``(1) Administrative remedies.--
       ``(A) In general.--A covered individual with respect to a 
     Federal agency (other than a covered individual described in 
     subparagraph (B), (C), or (D)) who is aggrieved by a 
     violation of subsection (a) may seek corrective action under 
     sections 1214 and 1221 in the same manner as an individual 
     who is aggrieved by a prohibited personnel practice described 
     in section 2302(b)(8).
       ``(B) FBI employees.--A covered individual with respect to 
     the Federal Bureau of Investigation who is aggrieved by a 
     violation of subsection (a) may seek corrective action under 
     section 2303.
       ``(C) Intelligence community employees.--A covered 
     individual with respect to a covered intelligence community 
     element (as defined in section 1104(a) of the National 
     Security Act of 1947 (50 U.S.C. 3234(a))) who is aggrieved by 
     a violation of subsection (a) may seek corrective action 
     under section 1104 of the National Security Act of 1947 (50 
     U.S.C. 3234) or subsection (b)(7) or (j) of section 3001 of 
     that Act (50 U.S.C. 3341).
       ``(D) Contractor employees.--A covered individual with 
     respect to a Federal agency who is an employee of, former 
     employee of, or applicant for employment with, a contractor, 
     subcontractor, grantee, subgrantee, or personal services 
     contractor (as those terms are used in section 2409 of title 
     10 and section 4712 of title 41) of the agency and who is 
     aggrieved by a violation of subsection (a) of this section 
     may seek corrective action under section 2409 of title 10 or 
     section 4712 of title 41.
       ``(E) Burden of proof.--The burdens of proof under 
     subsection (e) of section 1221 shall apply to an allegation 
     of a violation of subsection (a) of this section made under 
     subparagraph (A), (B), (C), or (D) of this paragraph in the 
     same manner as those burdens of proof apply to an allegation 
     of a prohibited personnel practice under such section 1221.
       ``(F) Class of individuals entitled to seek corrective 
     action.--The right to seek corrective action under 
     subparagraph (A), (B), (C), or (D) shall apply to a covered 
     individual who is an employee of, former employee of, or 
     applicant for employment with, a Federal agency described in 
     the applicable subparagraph or a contractor, subcontractor, 
     grantee, subgrantee, or personal services contractor (as 
     those terms are used in section 2409 of title 10 and section 
     4712 of title 41) of such a Federal agency, notwithstanding 
     the fact that a provision of law referenced in the applicable 
     subparagraph does not authorize one or more of those types of 
     covered individuals to seek corrective action.
       ``(2) Private right of action.--
       ``(A) In general.--If a final decision providing relief for 
     a violation of subsection (a) alleged under subparagraph (A), 
     (B), (C), or (D) of paragraph (1) of this subsection is not 
     issued within 210 days of the date on which the covered 
     individual seeks corrective action under the applicable 
     subparagraph and there is no showing that the delay is due to 
     the bad faith of the covered individual, the covered 
     individual may bring an action at law or equity for de novo 
     review in the appropriate district court of the United 
     States, which shall have jurisdiction over the action without 
     regard to the amount in controversy, for lost wages and 
     benefits, reinstatement, costs and attorney fees, 
     compensatory damages, equitable or injunctive relief, or any 
     other relief that the court considers appropriate.
       ``(B) Jury trial.--An action brought under subparagraph (A) 
     shall, upon the request of the covered individual, be tried 
     by the court with a jury.
       ``(C) Burden of proof.--The burdens of proof under 
     subsection (e) of section 1221 shall apply to an allegation 
     of a violation of subsection (a) of this section in an action 
     brought under this paragraph in the same manner as those 
     burdens of proof apply to an allegation of a prohibited 
     personnel practice under such section 1221.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered individual', with respect to a 
     Federal agency, means an employee of, former employee of, or 
     applicant for employment with--
       ``(A) the agency; or
       ``(B) a contractor, subcontractor, grantee, subgrantee, or 
     personal services contractor (as those terms are used in 
     section 2409 of title 10 and section 4712 of title 41) of the 
     agency; and
       ``(2) the term `Federal agency' means an agency, office, or 
     other establishment in the executive, legislative, or 
     judicial branch of the Federal Government.''.

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