[Congressional Record Volume 167, Number 177 (Thursday, October 7, 2021)]
[Senate]
[Pages S7007-S7012]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 3847. Mr. SCHUMER proposed an amendment to the bill S. 1301, to 
provide for the publication by the Secretary of Health and Human 
Services of physical activity recommendations for Americans; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. INCREASE OF PUBLIC DEBT LIMIT.

       The limitation under section 3101(b) of title 31, United 
     States Code, as most recently increased by section 301 of the 
     Bipartisan Budget Act of 2019 (31 U.S.C. 3101 note), is 
     increased by $480,000,000,000.

                                 ______
                                 
  SA 3848. Mr. SCHUMER proposed an amendment to amendment SA 3847 
proposed by Mr. Schumer to the bill S. 1301, to provide for the 
publication by the Secretary of Health and Human Services of physical 
activity recommendations for Americans; as follows:

       At the appropriate place, insert the following:

     SEC. 2. EFFECTIVE DATE.

       This Act shall take effect 2 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3849. Mr. SCHUMER proposed an amendment to the bill S. 1301, to 
provide for the publication by the Secretary of Health and Human 
Services of physical activity recommendations for Americans; as 
follows:

       At the appropriate place, insert the following:

     SEC. 2. EFFECTIVE DATE.

       This Act shall take effect 3 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3850. Mr. SCHUMER proposed an amendment to amendment SA 3849 
proposed by Mr. Schumer to the bill S. 1301, to provide for the 
publication by the Secretary of Health and Human Services of physical 
activity recommendations for Americans; as follows:

       On page 1, line 3, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 3851. Mr. SCHUMER proposed an amendment to amendment SA 3850 
proposed by Mr. Schumer to the amendment SA 3849 proposed by Mr. 
Schumer to the bill S. 1301, to provide for the publication by the 
Secretary of Health and Human Services of physical activity 
recommendations for Americans; as follows:


[[Page S7008]]


  

       On page 1, lines 1 and 2, strike ``4 days'' and insert ``1 
     day''.
                                 ______
                                 
  SA 3852. Mrs. GILLIBRAND 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 title X, insert the following:

     SEC. ____. AUTHORIZATION OF APPROPRIATIONS FOR THE USMMA.

       There are authorized to be appropriated for the period of 
     fiscal years 2022 through 2030, $611,026,400 to the 
     Department of Transportation for infrastructure replacement 
     and improvement projects at the United States Merchant Marine 
     Academy.
                                 ______
                                 
  SA 3853. Mrs. GILLIBRAND 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 title VII, insert the 
     following:

     SEC. 7__. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE 
                   COMPREHENSIVE AUTISM CARE DEMONSTRATION 
                   PROGRAM.

       (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 (in this section referred 
     to as the ``National Academies'') for the National Academies 
     to carry out the activities described in subsections (b) and 
     (c).
       (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) Analysis by the National Academies.--
       (1) Analysis.--Under an agreement between the Secretary and 
     the National Academies entered into under subsection (a), the 
     National Academies shall conduct an analysis of the 
     effectiveness of the Department of Defense Comprehensive 
     Autism Care Demonstration program (in this section referred 
     to as the ``demonstration program'') and develop 
     recommendations for the Secretary based on such analysis.
       (2) Elements.--The analysis conducted and recommendations 
     developed under paragraph (1) shall include the following:
       (A) An assessment of the Pervasive Developmental 
     Disabilities Behavior Inventory as a measure to assist in the 
     assessment of domains related to autism spectrum disorder, 
     and a determination as to whether the Secretary is applying 
     such inventory appropriately under the demonstration program.
       (B) An assessment of the methods used under the 
     demonstration program to measure the effectiveness of applied 
     behavior analysis in the treatment of autism spectrum 
     disorder.
       (C) A review of any guidelines or industry standards of 
     care adhered to in the provision of applied behavior analysis 
     services under the demonstration program, including a review 
     of the effects of such adherence with respect to dose-
     response or expected health outcomes for an individual who 
     has received such services.
       (D) A review of the expected health outcomes for an 
     individual who has received applied behavior analysis 
     treatments over time.
       (E) An analysis of the increased utilization of the 
     demonstration program by beneficiaries under the TRICARE 
     program, to improve understanding of such utilization.
       (F) Such other analyses to measure the effectiveness of the 
     demonstration program as may be determined appropriate by the 
     National Academies.
       (G) An analysis on whether the incidence of autism is 
     higher among the children of military families.
       (H) The development of a list of findings and 
     recommendations related to the measurement, effectiveness, 
     and increased understanding of the demonstration program and 
     its effect on beneficiaries under the TRICARE program.
       (c) Report.--Under an agreement between the Secretary and 
     the National Academies entered into under subsection (a), the 
     National Academies, not later than 270 days after the date of 
     the execution of the agreement, shall--
       (1) submit to the congressional defense committees a report 
     on the findings of the National Academies with respect to the 
     analysis conducted and recommendations developed under 
     subsection (b); and
       (2) make such report available on a public website in 
     unclassified form.
       (d) TRICARE Program Defined.--In this section, the term 
     ``TRICARE program'' has the meaning given that term in 
     section 1072(7) of title 10, United States Code.
                                 ______
                                 
  SA 3854. Mrs. GILLIBRAND 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 title III, insert the 
     following:

     SEC. 332. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO PFAS 
                   CONTAMINATION.

       (a) In General.--In conducting response actions to address 
     PFAS contamination from Department of Defense or National 
     Guard activities, the Secretary of Defense shall conduct such 
     actions to achieve a level of PFAS in the environmental media 
     that meets or exceeds the most stringent of the following 
     standards for PFAS in any environmental media:
       (1) The applicable State standard, in effect in that State, 
     as described in section 121(d)(2)(A)(ii) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
       (2) The applicable Federal standard as described in section 
     121(d)(2)(A)(i) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9621(d)(2)(A)(i)).
       (3) A health advisory under section 1412(b)(1)(F) of the 
     Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
       (b) Definitions.--In this section:
       (1) PFAS.--The term ``PFAS'' means a perfluoroalkyl or 
     polyfluoroalkyl substance with at least one fully fluorinated 
     carbon atom.
       (2) Response action.--The term ``response action'' means an 
     action taken pursuant to section 104 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604).
       (c) Savings Clause.--Except with respect to the specific 
     level required to be met under subsection (a), nothing in 
     this section affects the application of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
                                 ______
                                 
  SA 3855. Mrs. GILLIBRAND 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 title V, insert the following:

     SEC. __. AUTHORITY OF MILITARY JUDGES AND MILITARY 
                   MAGISTRATES TO ISSUE MILITARY COURT PROTECTIVE 
                   ORDERS.

       (a) Judge-issued Military Court Protective Orders.--Chapter 
     80 of title 10, United Stated Code, is amended by adding at 
     the end the following new section:

     ``Sec. 1567b. Authority of military judges and military 
       magistrates to issue military court protective orders

       ``(a) Authority to Issue Military Court Protective 
     Orders.--The President shall prescribe regulations 
     authorizing military judges and military magistrates to issue 
     protective orders in accordance with this section. A 
     protective order issued in accordance with this section shall 
     be known as a `military court protective order'. Under the 
     regulations prescribed by the President, military judges and 
     military magistrates shall have exclusive jurisdiction over 
     the issuance, appeal, renewal, and termination of military 
     court protective orders and such orders may not be issued, 
     appealed, renewed, or terminated by State, local, 
     territorial, or tribal courts.
       ``(b) Enforcement by Civilian Authorities.--
       ``(1) In general.--In prescribing regulations for military 
     court protective orders, the President shall seek to ensure 
     that the protective orders are issued in a form and manner 
     that is enforceable by State, local, territorial, and tribal 
     civilian law enforcement authorities.
       ``(2) Full faith and credit.--Any military court protective 
     order shall be accorded full faith and credit by the court of 
     a State, local, territorial, or tribal jurisdiction (the 
     enforcing jurisdiction) and enforced by the court and law 
     enforcement personnel of that jurisdiction as if it were the 
     order of the enforcing jurisdiction.
       ``(3) Reciprocity agreements.--Consistent with paragraphs 
     (1) and (2), the Secretary of Defense shall seek to enter 
     into reciprocity agreements with State, local, territorial, 
     and tribal civilian law enforcement authorities under which--
       ``(A) such authorities agree to enforce military court 
     protective orders; and
       ``(B) the Secretary agrees to enforce protective orders 
     issued by such authorities that are consistent with section 
     2265(b) of title 18.
       ``(c) Purpose and Form of Issuance.--A military court 
     protective order--

[[Page S7009]]

       ``(1) may be issued for the purpose of protecting a victim 
     of an alleged covered offense, or a family member or 
     associate of the victim, from a person subject to chapter 47 
     of this title (the Uniform Code of Military Justice) who is 
     alleged to have committed such an offense; and
       ``(2) shall include--
       ``(A) a finding regarding whether such person represents a 
     credible threat to the physical safety of such alleged 
     victim;
       ``(B) a finding regarding whether the alleged victim is an 
     intimate partner or child of such person; and
       ``(C) if applicable, terms explicitly prohibiting the use, 
     attempted use, or threatened use of physical force that would 
     reasonably be expected to cause bodily injury against such 
     intimate partner or child.
       ``(d) Burden of Proof.--In determining whether to issue a 
     military court protective order, a military judge or military 
     magistrate shall make all relevant findings by a 
     preponderance of the evidence. The burden shall be on the 
     party requesting the order to produce sufficient information 
     to satisfy the preponderance of the evidence standard 
     referred to in the preceding sentence.
       ``(e) Timing and Manner of Issuance.--A military court 
     protective order may be issued--
       ``(1) by a military magistrate, before referral of charges 
     and specifications to court-martial for trial, at the request 
     of--
       ``(A) a victim of an alleged covered offense; or
       ``(B) a Special Victims' Counsel or other qualified counsel 
     acting on behalf of the victim; or
       ``(2) by a military judge, after referral of charges and 
     specifications to court-martial for trial, at the request of 
     qualified counsel, which may include a Special Victims' 
     Counsel acting on behalf of the victim or trial counsel 
     acting on behalf of the prosecution.
       ``(f) Duration and Renewal of Protective Order.--
       ``(1) Duration.--A military court protective order shall be 
     issued for an initial period of up to 180 days and may be 
     reissued for one or more additional periods, each of which 
     may be up to 180 days, in accordance with paragraph (2).
       ``(2) Expiration and renewal.--Before the expiration of any 
     period during which a military court protective order is in 
     effect, a military judge or military magistrate shall review 
     the order to determine whether the order will terminate at 
     the expiration of such period or be reissued for an 
     additional period of up to 180 days.
       ``(3) Notice to protected persons.--If a military judge or 
     military magistrate determines under paragraph (2) that a 
     military court protective order will terminate, the judge or 
     magistrate concerned shall direct that each person protected 
     by the order be provided with reasonable, timely, and 
     accurate notification of the termination.
       ``(g) Review of Magistrate-issued Orders.--
       ``(1) Review.--A military judge, at the request of the 
     person subject to a military court protective order that was 
     issued by a military magistrate, may review the order to 
     determine if the order was properly issued by the magistrate.
       ``(2) Standards of review.--A military judge who reviews an 
     order under paragraph (1) shall terminate the order if the 
     judge determines that--
       ``(A) the military magistrate's decision to issue the order 
     was an abuse of discretion, and there is not sufficient 
     information presented to the military judge to justify the 
     order; or
       ``(B) information not presented to the military magistrate 
     establishes that the military court protective order should 
     be terminated.
       ``(h) Due Process.--
       ``(1) Protection of due process.--Except as provided in 
     paragraph (2), a protective order authorized under subsection 
     (a) may be issued only after reasonable notice and 
     opportunity to be heard and to present evidence, directly or 
     through counsel, is given to the person against whom the 
     order is sought sufficient to protect that person's right to 
     due process.
       ``(2) Emergency orders.--A protective order on an emergency 
     basis may be issued on an ex parte basis under such rules and 
     limitations as the President shall prescribe. In the case of 
     ex parte orders, notice and opportunity to be heard and to 
     present evidence must be provided within a reasonable time 
     not to exceed 30 calendar days after the date on which the 
     order is issued, sufficient to protect the respondent's due 
     process rights.
       ``(i) Rights of Victim.--The victim of an alleged covered 
     offense who seeks a military court protective order has, in 
     addition to any rights provided under section 806b (article 
     6b), the following rights with respect to any proceeding 
     involving the protective order:
       ``(1) The right to reasonable, accurate, and timely notice 
     of the proceeding and of any change in the status of the 
     protective order resulting from the proceeding.
       ``(2) The right to be reasonably heard at the proceeding.
       ``(3) The right to appear in person, with or without 
     counsel, at the proceeding.
       ``(4) The right be represented by qualified counsel in 
     connection with the proceeding, which may include a Special 
     Victims' Counsel.
       ``(5) The reasonable right to confer with a representative 
     of the command of the accused and counsel representing the 
     government at the proceeding, as applicable.
       ``(6) The right to submit a written statement, directly or 
     through counsel, for consideration by the military judge or 
     military magistrate presiding over the proceeding.
       ``(j) Restrictions on Access to Firearms.--
       ``(1) In general.--Notwithstanding any other provision of 
     law--
       ``(A) a military court protective order issued on an ex 
     parte basis shall restrain a person from possessing, 
     receiving, or otherwise accessing a firearm; and
       ``(B) a military court protective order issued after the 
     person to be subject to the order has received notice and 
     opportunity to be heard on the order, shall restrain such 
     person from possessing, receiving, or otherwise accessing a 
     firearm in accordance with section 922 of title 18.
       ``(2) Notice to attorneys general.--
       ``(A) Notice of issuance.--Not later than 72 hours after 
     the issuance of an order described in paragraph (1), the 
     Secretary concerned shall submit a record of the order--
       ``(i) to the Attorney General of the United States; and
       ``(ii) to the Attorney General of the State or Territory in 
     which the order is issued
       ``(B) Notice of recission or expiration.--Not later than 72 
     hours after the recission or expiration of an order described 
     in paragraph (1), the Secretary concerned shall submit notice 
     of such recission or expiration to the Attorneys General 
     specified in subparagraph (A).
       ``(k) Treatment as Lawful Order.--A military court 
     protective order shall be treated as a lawful order for 
     purposes of the application of section 892 (article 92) and a 
     violation of such an order shall be punishable under such 
     section (article).
       ``(l) Command Matters.--
       ``(1) Inclusion in personnel file.--Any military court 
     protective order against a member shall be placed and 
     retained in the military personnel file of the member, except 
     that such protective order shall be removed from the military 
     personnel file of the member if the member is acquitted of 
     the offense to which the order pertains, it is determined 
     that the member did not commit the act giving rise to the 
     protective order, or it is determined that the protective 
     order was issued in error.
       ``(2) Notice to civilian law enforcement of issuance.--Any 
     military court protective order against a member shall be 
     treated as a military protective order for purposes of 
     section 1567a including for purposes of mandatory 
     notification of issuance to Federal and State civilian law 
     enforcement agencies as required by that section.
       ``(m) Relationship to Other Authorities.--Nothing in this 
     section may be construed as prohibiting--
       ``(1) a commanding officer from issuing or enforcing any 
     otherwise lawful order in the nature of a protective order to 
     or against members of the officer's command;
       ``(2) pretrial restraint in accordance with Rule for 
     Courts-Martial 304 (as set forth in the Manual for Courts-
     Martial, 2019 edition, or any successor rule); or
       ``(3) pretrial confinement in accordance with Rule for 
     Courts-Martial 305 (as set forth in the Manual for Courts-
     Martial, 2019 edition, or any successor rule).
       ``(n) Delivery to Certain Persons.--A physical and 
     electronic copy of any military court protective order shall 
     be provided, as soon as practicable after issuance, to the 
     following:
       ``(1) The person or persons protected by the protective 
     order or to the guardian of such a person if such person is 
     under the age of 18 years.
       ``(2) The person subject to the protective order.
       ``(3) To such commanding officer in the chain of command of 
     the person subject to the protective order as the President 
     shall prescribe for purposes of this section.
       ``(o) Definitions.--In this section:
       ``(1) Contact.--The term `contact' includes contact in 
     person or through a third party, or through gifts,
       ``(2) Communication.--The term `communication' includes 
     communication in person or through a third party, and by 
     telephone or in writing by letter, data fax, or other 
     electronic means.
       ``(3) Covered offense.--The term `covered offense' means 
     the following:
       ``(A) An alleged offense under section 920, 920a, 920b, 
     920c, or 920d of this title (article 120, 120a, 120b, 120c, 
     or 120d of the Uniform Code of Military Justice).
       ``(B) An alleged offense of stalking under section 930 of 
     this title (article 130 of the Uniform Code of Military 
     Justice).
       ``(C) An alleged offense of domestic violence under section 
     928b of this title (article 128b of the Uniform Code of 
     Military Justice).
       ``(D) A conspiracy to commit an offense specified in 
     subparagraphs (A) through (C) as punishable under section 881 
     of this title (article 81 of the Uniform Code of Military 
     Justice).
       ``(E) A solicitation to commit an offense specified in 
     subparagraphs (A) through (C) as punishable under section 882 
     of this title (article 82 of the Uniform Code of Military 
     Justice).
       ``(F) An attempt to commit an offense specified in 
     subparagraphs (A) through (C) as punishable under section 880 
     of this title (article 80 of the Uniform Code of Military 
     Justice).

[[Page S7010]]

       ``(4) Military judge and military magistrate.--The terms 
     `military judge' and `military magistrate' mean a 
     commissioned officer of the armed forces who is a member of 
     the bar of a Federal court or a member of the bar of the 
     highest court of a State and who is certified to be 
     qualified, by reason of education, training, experience, and 
     judicial temperament, for duty as a military judge or 
     magistrate by the Judge Advocate General of the armed force 
     of which the officer is a member.
       ``(5) Protective order.--The term `protective order' means 
     an order that--
       ``(A) restrains a person from harassing, stalking, 
     threatening, or otherwise contacting or communicating with a 
     victim of an alleged covered offense, or a family member or 
     associate of the victim, or engaging in other conduct that 
     would place such other person in reasonable fear of bodily 
     injury to any such other person;
       ``(B) by its terms, explicitly prohibits--
       ``(i) the use, attempted use, or threatened use of physical 
     force by the person against a victim of an alleged covered 
     offense, or a family member or associate of the victim, that 
     would reasonably be expected to cause bodily injury;
       ``(ii) the initiation by the person restrained of any 
     contact or communication with such other person;
       ``(iii) any other behavior by the person restrained that 
     the court deems necessary to provide for the safety and 
     welfare of the victim of an alleged covered offense, or a 
     family member or associate of the victim; or
       ``(iv) actions described by any of clauses (i) through 
     (iii).
       ``(6) Special victims' counsel.--The term `Special Victims 
     Counsel' means a Special Victims' Counsel described in 
     section 1044e and includes a Victims' Legal Counsel of the 
     Navy.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:
``1567b. Authority of military judges and military magistrates to issue 
              military court protective orders.''.
       (c) Implementation.--The President shall prescribe 
     regulations implementing section 1567b of title 10, United 
     States Code (as added by subsection (a)), by not later than 
     one year after the date of the enactment of this Act.
                                 ______
                                 
  SA 3856. Mrs. GILLIBRAND 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 title V, insert the following:

     SEC. __. RANDOMIZING SELECTION OF COURT-MARTIAL PANEL 
                   MEMBERS.

       (a) Detail of Panel Members.--Section 825(e)(2) of title 
     10, United States Code (article 25(e)(2) of the Uniform Code 
     of Military Justice) is amended to read as follows:
       ``(2) When convening a court-martial, the convening 
     authority shall use a randomized selection process to detail 
     as members thereof such members of the armed forces as are 
     qualified for duty by reason of availability. No member of an 
     armed force is eligible to serve as a member of a general or 
     special court-martial when the member is the accuser or a 
     witness for the prosecution or has acted as preliminary 
     hearing officer or as counsel in the same case.''.
       (b) Randomized Selection Process.--
       (1) Randomized selection process.--The Secretary of Defense 
     shall promulgate policy and guidance that develops and 
     implements a system for the randomized selection of qualified 
     personnel available to the convening authority for detail to 
     court-martial panels.
       (2) Elements.--The randomized selection process developed 
     and implemented under paragraph (1) may include parameter 
     controls that--
       (A) allow for exclusions based on scheduling availability; 
     and
       (B) allow for controls based on military rank.
       (3) Qualified personnel defined.--In this subsection, the 
     term ``qualified personnel'' means a person eligible to serve 
     as a court-martial panel member in accordance with 
     subsections (a) through (c) of section 825 of title 10, 
     United States Code (article 25 of the Uniform Code of 
     Military Justice).
       (c) Manual for Courts-martial.--The Secretary of Defense 
     shall recommend such changes to the Manual for Courts-Martial 
     as are necessary to ensure compliance with this section.
       (d) Effective Date.--The President shall prescribe 
     regulations implementing this section not later than one year 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 3857. Mrs. GILLIBRAND 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 B of title III, add the following:

     SEC. 318. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL 
                   RESTORATION PROGRAM FOR STATE-OWNED FACILITIES 
                   OF THE NATIONAL GUARD WITH PROVEN EXPOSURE OF 
                   HAZARDOUS SUBSTANCES AND WASTE.

       (a) Definition of State-owned National Guard Facility.--
     Section 2700 of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(4) The term `State-owned National Guard facility' means 
     land owned and operated by a State when such land is used for 
     training the National Guard pursuant to chapter 5 of title 32 
     with funds provided by the Secretary of Defense or the 
     Secretary of a military department, even though such land is 
     not under the jurisdiction of the Department of Defense.''.
       (b) Authority for Defense Environmental Restoration 
     Program.--Section 2701(a)(1) of such title is amended, in the 
     first sentence, by inserting ``and at State-owned National 
     Guard facilities'' before the period.
       (c) Responsibility for Response Actions.--Section 
     2701(c)(1) of such title is amended by adding at the end the 
     following new subparagraph:
       ``(D) Each State-owned National Guard facility being used 
     for training at the time of actions leading to contamination 
     by hazardous substances or pollutants or contaminants.''.
                                 ______
                                 
  SA 3858. Mrs. GILLIBRAND 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 part II of subtitle B of title V, add the 
     following:

     SEC. 520B. NON-DISCRIMINATION AND SERVICE IN THE ARMED 
                   FORCES.

       (a) In General.--Chapter 37 of title 10, United States 
     Code, is amended by inserting after section 653 the following 
     new section:

     ``Sec. 654. Non-discrimination and service in the armed 
       forces

       ``Service in the armed forces shall be open to all persons 
     who are able meet the standards and eligibility criteria for 
     military service, without regard to race, color, national 
     origin, religion, or sex (including gender identity and 
     sexual orientation).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 653 the following new item:

``654. Non-discrimination and service in the armed forces.''.
                                 ______
                                 
  SA 3859. 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 E of title X of division A, add the 
     following:

     SECTION 1043. PROHIBITION ON THE INDEFINITE DETENTION OF 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       (a) Short Title.--This section may be cited as the ``Due 
     Process Guarantee Act''.
       (b) Limitation on Detention.--
       (1) In general.--Section 4001(a) of title 18, United States 
     Code, is amended--
       (A) by striking ``No citizen'' and inserting the following:
       ``(1) No citizen or lawful permanent resident of the United 
     States''; and
       (B) by adding at the end the following:
       ``(2) Any Act of Congress that authorizes an imprisonment 
     or detention described in paragraph (1) shall be consistent 
     with the Constitution and expressly authorize such 
     imprisonment or detention.''.
       (2) Applicability.--Nothing in section 4001(a)(2) of title 
     18, United States Code, as added by paragraph (1)(B), may be 
     construed to limit, narrow, abolish, or revoke any detention 
     authority conferred by statute, declaration of war, 
     authorization to use military force, or similar authority 
     effective prior to the date of the enactment of this Act.
       (c) Relationship to an Authorization To Use Military Force, 
     Declaration of War, or Similar Authority.--Section 4001 of 
     title 18, United States Code, as amended by subsection (b), 
     is further amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) No United States citizen or lawful permanent 
     resident who is apprehended in

[[Page S7011]]

     the United States may be imprisoned or otherwise detained 
     without charge or trial unless such imprisonment or detention 
     is expressly authorized by an Act of Congress.
       ``(2) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, may 
     not be construed to authorize the imprisonment or detention 
     without charge or trial of a citizen or lawful permanent 
     resident of the United States apprehended in the United 
     States.
       ``(3) Paragraph (2) shall apply to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the Due Process Guarantee Act.
       ``(4) This section may not be construed to authorize the 
     imprisonment or detention of a citizen of the United States, 
     a lawful permanent resident of the United States, or any 
     other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 3860. Mr. LUJAN (for Mr. TESTER) proposed an amendment to the bill 
S. 796, to codify maternity care coordination programs at the 
Department of Veterans Affairs, and for other purposes; as follows:


 =========================== NOTE =========================== 

  
  On page S7011, October 7, 2021, first column, the following 
appears: SA 3860. Mr. TESTER proposed an amendment to the bill S. 
796, to codify maternity care coordination programs at the 
Department of Veterans Affairs, and for other purposes; . . .
  
  The online Record has been corrected to read: SA 3860. Mr. LUJAN 
(for Mr. TESTER) proposed an amendment to the bill S. 796, to 
codify maternity care coordination programs at the Department of 
Veterans Affairs, and for other purposes; . . .


 ========================= END NOTE ========================= 



        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting Moms Who Served 
     Act of 2021''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Maternal mortality.--The term ``maternal mortality'' 
     means a death occurring during pregnancy or within a one-year 
     period after pregnancy that is caused by pregnancy-related or 
     childbirth complications, including suicide, overdose, or 
     other death resulting from a mental health or substance use 
     disorder attributed to or aggravated by pregnancy-related or 
     childbirth complications.
       (2) Postpartum.--The term ``postpartum'', with respect to 
     an individual, means the one-year period beginning on the 
     last day of the pregnancy of the individual.
       (3) Pregnancy-associated death.--The term ``pregnancy-
     associated death'' means the death of a pregnant or 
     postpartum individual, by any cause, that occurs during 
     pregnancy or within one year following pregnancy, regardless 
     of the outcome, duration, or site of the pregnancy.
       (4) Pregnancy-related death.--The term ``pregnancy-related 
     death'' means the death of a pregnant or postpartum 
     individual that occurs during pregnancy or within one year 
     following pregnancy from a pregnancy complication, a chain of 
     events initiated by pregnancy, or the aggravation of an 
     unrelated condition by the physiologic effects of pregnancy.
       (5) Racial and ethnic minority group.--The term ``racial 
     and ethnic minority group'' has the meaning given that term 
     in section 1707(g)(1) of the Public Health Service Act (42 
     U.S.C. 300u-6(g)(1)).
       (6) Severe maternal morbidity.--The term ``severe maternal 
     morbidity'' means a health condition, including a mental 
     health condition or substance use disorder, attributed to or 
     aggravated by pregnancy or childbirth that results in 
     significant short-term or long-term consequences to the 
     health of the individual who was pregnant.

     SEC. 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF 
                   MATERNITY CARE COORDINATION.

       (a) Program on Maternity Care Coordination.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out the maternity care coordination program described 
     in Veterans Health Administration Directive 1330.03.
       (2) Training and support.--In carrying out the program 
     under paragraph (1), the Secretary shall provide to community 
     maternity care providers training and support with respect to 
     the unique needs of pregnant and postpartum veterans, 
     particularly regarding mental and behavioral health 
     conditions relating to the service of those veterans in the 
     Armed Forces.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary $15,000,000 for fiscal year 2022 for the 
     program under subsection (a)(1).
       (2) Supplement not supplant.--Amounts authorized under 
     paragraph (1) are authorized in addition to any other amounts 
     authorized for maternity health care and coordination for the 
     Department of Veterans Affairs.
       (c) Definitions.--In this section:
       (1) Community maternity care providers.--The term 
     ``community maternity care providers'' means maternity care 
     providers located at non-Department facilities who provide 
     maternity care to veterans under section 1703 of title 38, 
     United States Code, or any other law administered by the 
     Secretary of Veterans Affairs.
       (2) Non-department facilities.--The term ``non-Department 
     facilities'' has the meaning given that term in section 1701 
     of title 38, United States Code.

     SEC. 4. REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL 
                   MORBIDITY AMONG PREGNANT AND POSTPARTUM 
                   VETERANS.

       (a) GAO Report.--Not later than two years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives, and make publicly available, 
     a report on maternal mortality and severe maternal morbidity 
     among pregnant and postpartum veterans, with a particular 
     focus on racial and ethnic disparities in maternal health 
     outcomes for veterans.
       (b) Matters Included.--The report under subsection (a) 
     shall include the following:
       (1) To the extent practicable--
       (A) the number of pregnant and postpartum veterans who have 
     experienced a pregnancy-related death or pregnancy-associated 
     death in the most recent 10 years of available data;
       (B) the rate of pregnancy-related deaths per 100,000 live 
     births for pregnant and postpartum veterans;
       (C) the number of cases of severe maternal morbidity among 
     pregnant and postpartum veterans in the most recent year of 
     available data;
       (D) an assessment of the racial and ethnic disparities in 
     maternal mortality and severe maternal morbidity rates among 
     pregnant and postpartum veterans;
       (E) identification of the causes of maternal mortality and 
     severe maternal morbidity that are unique to veterans, 
     including post-traumatic stress disorder, military sexual 
     trauma, and infertility or miscarriages that may be caused by 
     service in the Armed Forces;
       (F) identification of the causes of maternal mortality and 
     severe maternal morbidity that are unique to veterans from 
     racial and ethnic minority groups and such other at-risk 
     populations as the Comptroller General considers appropriate;
       (G) identification of any correlations between the former 
     rank of veterans and their maternal health outcomes;
       (H) the number of veterans who have been diagnosed with 
     infertility by a health care provider of the Veterans Health 
     Administration each year in the most recent five years, 
     disaggregated by age, race, ethnicity, sex, marital status, 
     and geographical location;
       (I) the number of veterans who have received a clinical 
     diagnosis of unexplained infertility by a health care 
     provider of the Veterans Health Administration each year in 
     the most recent five years; and
       (J) an assessment of the extent to which the rate of 
     incidence of clinically diagnosed infertility among veterans 
     compare or differ to the rate of incidence of clinically 
     diagnosed infertility among the civilian population.
       (2) An assessment of the barriers to determining the 
     information required under paragraph (1) and recommendations 
     for improvements in tracking maternal health outcomes among 
     pregnant and postpartum veterans who--
       (A) have health care coverage through the Department;
       (B) are enrolled in the TRICARE program (as defined in 
     section 1072 of title 10, United States Code);
       (C) have employer-based or private insurance;
       (D) are enrolled in the Medicaid program under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.);
       (E) are eligible to receive health care furnished by--
       (i) the Indian Health Service;
       (ii) Tribal health programs; or
       (iii) urban Indian organizations; or
       (F) are uninsured.
       (3) Recommendations for legislative and administrative 
     actions to increase access to mental and behavioral health 
     care for pregnant and postpartum veterans who screen 
     positively for maternal mental or behavioral health 
     conditions.
       (4) Recommendations to address homelessness, food 
     insecurity, poverty, and related issues among pregnant and 
     postpartum veterans.
       (5) Recommendations on how to effectively educate maternity 
     care providers on best practices for providing maternity care 
     services to veterans that addresses the unique maternal 
     health care needs of veteran populations.
       (6) Recommendations to reduce maternal mortality and severe 
     maternal morbidity among pregnant and postpartum veterans and 
     to address racial and ethnic disparities in maternal health 
     outcomes for each of the groups described in subparagraphs 
     (A) through (F) of paragraph (2).
       (7) Recommendations to improve coordination of care between 
     the Department and non-Department facilities for pregnant and 
     postpartum veterans, including recommendations to improve--
       (A) health record interoperability; and
       (B) training for the directors of the Veterans Integrated 
     Service Networks, directors of medical facilities of the 
     Department, chiefs of staff of such facilities, maternity 
     care coordinators, and staff of relevant non-Department 
     facilities.
       (8) An assessment of the authority of the Secretary of 
     Veterans Affairs to access maternal health data collected by 
     the Department of Health and Human Services and, if 
     applicable, recommendations to increase such authority.
       (9) To the extent applicable, an assessment of potential 
     causes of or explanations for lower maternal mortality rates 
     among veterans who have health care coverage through the 
     Department of Veterans Affairs compared to maternal mortality 
     rates in the general population of the United States.
       (10) Any other information the Comptroller General 
     determines appropriate with respect to the reduction of 
     maternal mortality and severe maternal morbidity among 
     pregnant

[[Page S7012]]

     and postpartum veterans and to address racial and ethnic 
     disparities in maternal health outcomes for veterans.
       (c) Definitions.--In this section, the terms ``Tribal 
     health program'' and ``urban Indian organization'' have the 
     meanings given those terms in section 4 of the Indian Health 
     Care Improvement Act (25 U.S.C. 1603).

                          ____________________