[Congressional Record Volume 167, Number 187 (Monday, October 25, 2021)]
[Senate]
[Pages S7342-S7347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3868. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, 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. 1___. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS 
                   RELEASE INVENTORY.

       (a) In General.--Section 7321 of the PFAS Act of 2019 (15 
     U.S.C. 8921) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by striking the subsection designation and heading and 
     all that follows through ``Subject'' in the matter preceding 
     subparagraph (A) of paragraph (1) and inserting the 
     following:
       ``(b) Immediate Inclusion.--Subject'';
       (C) in subparagraph (B), by striking ``subparagraph (A)'' 
     and inserting ``paragraph (1)'';
       (D) in subparagraph (D), by striking ``subparagraph (C)'' 
     and inserting ``paragraph (3)'';
       (E) in subparagraph (G), by striking ``subparagraph (F)'' 
     and inserting ``paragraph (6)'';
       (F) by redesignating subparagraphs (A) through (I) as 
     paragraphs (1) through (9), respectively, and indenting the 
     paragraphs appropriately; and
       (G) in paragraph (5) (as so redesignated)--
       (i) in the matter preceding clause (i), by striking 
     ``class'' and inserting ``category'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting the subparagraphs 
     appropriately; and
       (iii) in subparagraph (B) (as so redesignated), by 
     redesignating subclauses (I) and (II) as clauses (i) and 
     (ii), respectively, and indenting the clauses appropriately;
       (2) in subsection (c)--
       (A) by striking paragraph (2);
       (B) in paragraph (1), by striking ``class'' each place it 
     appears and inserting ``category'';
       (C) by striking the subsection designation and heading and 
     all that follows through ``Subject'' in the matter preceding 
     clause (i) of paragraph (1)(A) and inserting the following:
       ``(c) Inclusion Following Assessment.--
       ``(1) Date of inclusion.--Subject'';
       (D) by redesignating subparagraph (B) as paragraph (2);
       (E) in paragraph (1) (as so designated)--
       (i) in the matter preceding clause (i), by striking 
     ``subsection (b)(1)'' and inserting ``subsection (b)'';
       (ii) by redesignating clauses (i) through (iv) as 
     subparagraphs (A) through (D), respectively, and indenting 
     the subparagraphs appropriately; and
       (iii) in subparagraph (D) (as so redesignated), by 
     redesignating subclauses (I) and (II) as clauses (i) and 
     (ii), respectively, and indenting the clauses appropriately; 
     and
       (F) in paragraph (2) (as so redesignated), by striking 
     ``this paragraph'' and inserting ``this subsection'';
       (3) in subsection (d)--
       (A) by striking ``classes'' each place it appears and 
     inserting ``categories'';
       (B) by striking ``class'' each place it appears and 
     inserting ``category''; and
       (C) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (b)(1)'' and inserting ``subsection (b)''; and
       (ii) in subparagraph (L), by striking ``subsection 
     (b)(1)(F)'' and inserting ``subsection (b)(6)'';
       (4) in subsection (e)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (b)(1), (c)(1)'' and inserting 
     ``subsection (b), (c)''; and
       (B) by striking ``class'' each place it appears and 
     inserting ``category''; and
       (5) by adding at the end the following:
       ``(g) Reporting Requirements.--
       ``(1) Threshold for reporting requirements.--
       ``(A) In general.--
       ``(i) Threshold.--Subject to subparagraph (C), the 
     threshold for reporting under section 313 of the Emergency 
     Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
     11023) shall be met if, for a facility, the aggregate of the 
     sums of quantities described in clause (ii) is not less than 
     100 pounds.
       ``(ii) Sums of quantities described.--The sums of 
     quantities referred to in clause (i) are--

       ``(I) the sum of the quantities of substances and 
     categories of substances described in subsections (b), (c), 
     and (d)(3) manufactured by a facility;
       ``(II) the sum of the quantities of substances and 
     categories of substances described in subsections (b), (c), 
     and (d)(3) processed by a facility; and
       ``(III) the sum of the quantities of substances and 
     categories of substances described in subsections (b), (c), 
     and (d)(3) otherwise used by a facility.

       ``(B) Method of reporting.--After a threshold determination 
     described in subparagraph (A)(i) has been made, a toxic 
     chemical release form shall be reported separately for each 
     substance or category of substances described in subsections 
     (b), (c), and (d)(3) for which a facility conducted a 
     manufacturing, processing, or other use activity.
       ``(C) Revisions.--Not later than 5 years after the date on 
     which a perfluoroalkyl or polyfluoroalkyl substance or 
     category of perfluoroalkyl or polyfluoroalkyl substances is 
     included in the toxics release inventory under subsection 
     (b), (c), or (d)(3), the Administrator shall--
       ``(i) determine whether revision of the threshold, 
     category, or threshold and category under subparagraph (A)(i) 
     is warranted for the substance or category of substances; and
       ``(ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision under section 
     313(f)(2) of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11023(f)(2)).
       ``(2) Limitations.--
       ``(A) Conditional addition to list of lower thresholds for 
     chemicals of special concern.--The Administrator shall revise 
     section 372.28 of title 40, Code of Federal Regulations (or 
     successor regulations), to add a perfluoroalkyl or 
     polyfluoroalkyl substance or category of perfluoroalkyl or 
     polyfluoroalkyl substances described in subsection (b), (c), 
     or (d)(3) to that section unless the Administrator, in 
     accordance with paragraph (1)(C), revises the threshold for 
     reporting that substance or category of substances to 10,000 
     pounds or greater.
       ``(B) Notification about toxic chemicals.--A perfluoroalkyl 
     or polyfluoroalkyl substance or category of perfluoroalkyl or 
     polyfluoroalkyl substances described in subsection (b), (c), 
     or (d)(3) shall not be eligible for the exemption from 
     supplier notification under section 372.45(d)(1) of title 40, 
     Code of Federal Regulations (or successor regulations).
       ``(C) Revisions.--Not later than 5 years after the date on 
     which a perfluoroalkyl or polyfluoroalkyl substance or 
     category of perfluoroalkyl or polyfluoroalkyl substances is 
     included in the toxics release inventory under subsection 
     (b), (c), or (d)(3), the Administrator shall--
       ``(i) determine whether revision of the supplier 
     notification requirement under section 372.45 of title 40, 
     Code of Federal Regulations (or successor regulations), is 
     warranted for the substance or category of substances; and
       ``(ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision pursuant to 
     section 328 of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11048).''.
       (b) Conforming Amendments.--Section 313(c)(2) of the 
     Emergency Planning and Community Right-To-Know Act of 1986 
     (42 U.S.C. 11023(c)(2)) is amended--
       (1) by striking ``subsections (b)(1), (c)(1)'' and 
     inserting ``subsections (b), (c)''; and
       (2) by striking ``2019'' and inserting ``2019 (15 U.S.C. 
     8921)''.
                                 ______
                                 
  SA 3869. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year

[[Page S7343]]

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:

Subtitle __--Presumptive Benefits for War Fighters Exposed to Burn Pits 
                            and Other Toxins

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``Presumptive Benefits 
     for War Fighters Exposed to Burn Pits and Other Toxins Act of 
     2021''.

     SEC. ___2. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN 
                   DISEASES ASSOCIATED WITH EXPOSURE TO BURN PITS 
                   AND OTHER TOXINS.

       (a) In General.--Subchapter II of chapter 11 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1119. Presumption of service connection for certain 
       diseases associated with exposure to burn pits and other 
       toxins

       ``(a) Presumption of Service Connection.--(1) For the 
     purposes of section 1110 of this title, and subject to 
     section 1113 of this title, a disease specified in paragraph 
     (2) becoming manifest in a veteran described in paragraph (3) 
     shall be considered to have been incurred in or aggravated 
     during active military, naval, or air service, 
     notwithstanding that there is no record of evidence of such 
     disease during the period of such service.
       ``(2) The diseases specified in this paragraph are the 
     following:
       ``(A) Asthma that was diagnosed after service in a country 
     or territory for which a medal described in paragraph (3) was 
     awarded.
       ``(B)(i) Head cancer of any type.
       ``(ii) Neck cancer of any type.
       ``(iii) Respiratory cancer of any type.
       ``(iv) Gastrointestinal cancer of any type.
       ``(v) Reproductive cancer of any type.
       ``(vi) Lymphoma cancer of any type.
       ``(vii) Lymphomatic cancer of any type.
       ``(viii) Kidney cancer.
       ``(ix) Brain cancer.
       ``(x) Melanoma.
       ``(C) Chronic bronchitis.
       ``(D) Chronic obstructive pulmonary disease.
       ``(E) Constrictive bronchiolitis or obliterative 
     bronchiolitis.
       ``(F) Emphysema.
       ``(G) Granulomatous disease.
       ``(H) Interstitial lung disease.
       ``(I) Pleuritis.
       ``(J) Pulmonary fibrosis.
       ``(K) Sarcoidosis.
       ``(L) Any other disease listed under subsection (a)(2) of 
     section 1116 of this title or for which a presumption of 
     service connection is warranted pursuant to regulations 
     prescribed under section subsection (b)(1) of such section.
       ``(M) Any other disease with respect to which final 
     regulations have been prescribed under subsection (c)(3).
       ``(3) A veteran described in this paragraph is any veteran 
     who on or after August 2, 1990, was awarded any of the 
     following:
       ``(A) The Afghanistan Campaign Medal.
       ``(B) The Armed Forces Expeditionary Medal.
       ``(C) The Armed Forces Reserve Medal with M-device.
       ``(D) The Armed Forces Service Medal.
       ``(E) The Global War On Terrorism Expeditionary Medal.
       ``(F) The Inherent Resolve Campaign Medal.
       ``(G) The Iraqi Campaign Medal.
       ``(H) The Southwest Asia Service Medal.
       ``(b) Process to Add Diseases Through Written Petition.--
     (1) In the case that the Secretary receives a written 
     petition from an interested party to add a disease to the 
     list of diseases specified in subsection (a)(2), not later 
     than 90 days after the date of receipt of such petition, the 
     Secretary shall request a determination by the National 
     Academies of Sciences, Engineering, and Medicine (referred to 
     in this section as the `National Academies') with respect to 
     whether there is a positive association between--
       ``(A) the exposure of humans to one or more covered toxins; 
     and
       ``(B) the occurrence of the disease in humans.
       ``(2) For purposes of this subsection, the term `interested 
     party' includes a representative of--
       ``(A) a congressionally chartered veterans service 
     organization;
       ``(B) an organization that--
       ``(i) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of such Code;
       ``(ii) serves veterans or members of the Armed Forces; and
       ``(iii) has continuously operated for a period of five 
     years or more preceding the date of the submittal of the 
     written petition under paragraph (1);
       ``(C) a collective bargaining agent for civilian employees 
     of the United States Government;
       ``(D) a nationally recognized medical association;
       ``(E) the National Academies; or
       ``(F) a State or political subdivision of a State.
       ``(c) Determinations by National Academies.--(1) If the 
     Secretary receives a determination described in paragraph 
     (2), not later than 180 days after receipt of such 
     determination, the Secretary shall--
       ``(A) publish in the Federal Register proposed regulations 
     to add the disease covered by the determination to the list 
     of diseases specified in subsection (a)(2);
       ``(B) publish in the Federal Register, and submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives--
       ``(i) the decision of the Secretary not to publish such 
     proposed regulations; and
       ``(ii) the basis for such decision, including specific 
     medical science refuting the determination; or
       ``(C) publish in the Federal Register a decision that 
     insufficient evidence exists to take action under 
     subparagraph (A) or (B).
       ``(2) A determination described in this paragraph--
       ``(A) is a determination by the National Academies that 
     there is a positive association between--
       ``(i) the exposure of humans to one or more covered toxins; 
     and
       ``(ii) the occurrence of the disease in humans; and
       ``(B) may be made pursuant to--
       ``(i) a request from the Secretary under subsection (b); or
       ``(ii) an agreement between the Secretary and the National 
     Academies under section ___3 of the Presumptive Benefits for 
     War Fighters Exposed to Burn Pits and Other Toxins Act of 
     2021.
       ``(3)(A) Not later than 180 days after the date on which 
     the Secretary publishes any proposed regulations under 
     paragraph (1)(A) for a disease, the Secretary shall prescribe 
     final regulations for that disease.
       ``(B) Such regulations shall be effective on the date of 
     issuance.
       ``(d) Reference to National Academies.--In the case that 
     the Secretary enters into an agreement with another 
     organization as described in section ___3(h)(1) of the 
     Presumptive Benefits for War Fighters Exposed to Burn Pits 
     and Other Toxins Act of 2021, any reference in this section 
     to the National Academies shall be treated as a reference to 
     the other organization.
       ``(e) Definitions.--In this section:
       ``(1) The term `covered toxin' includes the following:
       ``(A) Any toxic chemical or toxic fume.
       ``(B) Hazardous waste, mixed waste, solid waste, or used 
     oil (as those terms are defined in section 1004 of the Solid 
     Waste Disposal Act (42 U.S.C. 6903)).
       ``(C) Radiological waste.
       ``(D) Any other carcinogen.
       ``(2) The term `veterans service organization' means an 
     organization recognized by the Secretary for the 
     representation of veterans under section 5902 of this 
     title.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on the date that is 180 days after the date of 
     the enactment of this Act.
       (2) Written petitions.--With respect to a written petition 
     described in section 1119(b)(1) of title 38, United States 
     Code, as added by subsection (a), that was received by the 
     Secretary of Veterans Affairs before the effective date 
     described in paragraph (1), the Secretary shall make a 
     request of the National Academies of Sciences, Engineering, 
     and Medicine under such section, as so added, not later than 
     90 days after such effective date.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 11 of title 38, United States Code, is 
     amended by inserting after the item relating to section 1118 
     the following new item:

``1119. Presumption of service connection for certain diseases 
              associated with exposure to burn pits and other 
              toxins.''.
       (d) Conforming Amendment.--Section 1113 of such title is 
     amended by striking ``or 1118'' each place it appears and 
     inserting ``1118, or 1119''.

     SEC. ___3. AGREEMENT WITH THE NATIONAL ACADEMIES OF SCIENCES, 
                   ENGINEERING, AND MEDICINE CONCERNING THE 
                   EXPOSURE OF HUMANS TO BURN PITS AND OTHER 
                   TOXINS.

       (a) Agreement.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     seek to enter into an agreement with the National Academies 
     of Sciences, Engineering, and Medicine (referred to in this 
     section as the ``National Academies'') 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) Reviews of Scientific Evidence.--
       (1) In general.--Under an agreement between the Secretary 
     and the National Academies, the National Academies shall 
     review and summarize the scientific evidence, and assess the 
     strength thereof, concerning the association between the 
     exposure of humans to covered toxins and each disease 
     suspected to be associated with such exposure.
       (2) Reviews upon request.--Under an agreement between the 
     Secretary and the National Academies under this section, the 
     National Academies shall conduct a review described in 
     paragraph (1) in response to each request made by the 
     Secretary under section 1119(b)(1) of title 38, United States 
     Code, as added by section ___2(a).

[[Page S7344]]

       (c) Scientific Determinations Concerning Diseases.--
       (1) In general.--For each disease reviewed under subsection 
     (b), the National Academies shall determine (to the extent 
     that available scientific data permit meaningful 
     determinations) whether there is a positive association 
     between the exposure of humans to one or more covered toxins 
     and the occurrence of the disease in humans, taking into 
     account the strength of the scientific evidence and the 
     appropriateness of the statistical and epidemiological 
     methods used to detect the association.
       (2) Submissions for reviews upon request.--Under an 
     agreement between the Secretary and the National Academies 
     under this section, not later than 270 days after the date on 
     which the Secretary transmits a request to the National 
     Academies with respect to a disease under section 1119(b)(1) 
     of title 38, United States Code, as added by section ___2(a), 
     the National Academies shall submit to the Secretary the 
     determination made with respect to that disease under 
     paragraph (1).
       (d) Recommendations for Additional Scientific Studies.--
       (1) In general.--Under an agreement between the Secretary 
     and the National Academies under this section, the National 
     Academies shall make any recommendations it has for 
     additional scientific studies to resolve areas of continuing 
     scientific uncertainty relating to the exposure of humans to 
     covered toxins.
       (2) Considerations.--In making recommendations for 
     additional scientific studies, the National Academies shall 
     consider--
       (A) the scientific information that is available at the 
     time of the recommendation;
       (B) the value and relevance of the information that could 
     result from additional studies; and
       (C) the feasibility of carrying out such additional 
     studies.
       (e) Subsequent Reviews.--Under an agreement between the 
     Secretary and the National Academies under this section, the 
     National Academies shall--
       (1) conduct as comprehensive a review as is practicable of 
     the evidence referred to in subsection (b)(1) that became 
     available since the last review of such evidence under this 
     section; and
       (2) make determinations and estimates on the basis of the 
     results of such review and all other reviews conducted for 
     the purposes of this section.
       (f) Reports.--
       (1) Initial report.--
       (A) In general.--Under an agreement between the Secretary 
     and the National Academies under this section, not later than 
     540 days after the date of the enactment of this Act, the 
     National Academies shall submit to the Secretary and the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the activities of the National 
     Academies under the agreement.
       (B) Elements.--The report submitted under subparagraph (A) 
     shall include the following:
       (i) The determinations described in subsection (c)(1).
       (ii) An explanation of the scientific evidence and 
     reasoning that led to such determinations.
       (iii) Any recommendations of the National Academies under 
     subsection (d).
       (2) Periodic updates.--Under an agreement between the 
     Secretary and the National Academies under this section, not 
     less frequently than once every two years, the National 
     Academies shall submit to the Secretary and the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives an updated 
     report on the activities of the National Academies under the 
     agreement.
       (g) Limitation on Authority.--The authority to enter into 
     agreements under this section shall be effective for a fiscal 
     year to the extent that appropriations are available.
       (h) Alternative Contract Scientific Organization.--
       (1) In general.--If the Secretary is unable within the 
     period prescribed in subsection (a)(2) to enter into an 
     agreement with the National Academies on terms acceptable to 
     the Secretary, the Secretary shall seek to enter into such an 
     agreement with another appropriate scientific organization 
     that--
       (A) is not part of the Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     National Academies.
       (2) Treatment.--If the Secretary enters into an agreement 
     with another organization as described in paragraph (1), any 
     reference in this section, section 4, and section 1119 of 
     title 38, United States Code, as added by section ___2(a), to 
     the National Academies shall be treated as a reference to the 
     other organization.
       (i) Covered Toxin Defined.--In this section, the term 
     ``covered toxin'' has the meaning given that term in section 
     1119(e) of title 38, United States Code, as added by section 
     ___2(a).
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Veterans Affairs such 
     sums as may be necessary to carry out this section.

     SEC. ___4. ACCESS OF THE NATIONAL ACADEMIES OF SCIENCES, 
                   ENGINEERING, AND MEDICINE TO INFORMATION FROM 
                   FEDERAL AGENCIES.

       (a) In General.--Upon request by the National Academies of 
     Sciences, Engineering, and Medicine (referred to in this 
     section as the ``National Academies''), the head of any 
     Federal agency with relevant information shall provide to the 
     National Academies information in the possession of the 
     agency that the National Academies determines useful in 
     conducting a review under section ___3(b).
       (b) Federal Agency Defined.--In this section, the term 
     ``Federal agency'' means any agency as that term is defined 
     in section 551 of title 5, United States Code.

     SEC. ___5. PRESUMPTION RELATING TO PERSONAL INJURY OF CERTAIN 
                   FEDERAL EMPLOYEES.

       (a) In General.--Section 8102 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(c)(1) In this subsection, the term `covered employee' 
     means an employee of the Department of State, the Department 
     of Defense, or an element of the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)) who, on or after August 2, 1990, carried out 
     the job responsibilities of the employee for not fewer than 
     30 total days in a country or territory while the United 
     States was conducting a contingency operation (as defined in 
     section 101 of title 10) in that country or territory.
       ``(2) Disability or death from a disease described in 
     paragraph (2) of such section suffered by a covered employee 
     is deemed to have resulted from personal injury sustained 
     while in the performance of the duty of the covered employee, 
     whether or not the covered employee was engaged in the course 
     of employment when the disability or disability resulting in 
     death occurred.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
       (c) Rule of Construction.--Subsection (c) of section 8102 
     of such title, as added by subsection (a), shall not be 
     construed to apply to a contractor of a Federal department or 
     agency.
                                 ______
                                 
  SA 3870. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, 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 C of title V, add the following:

     SEC. 530C. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE ARMED 
                   FORCES AGAINST THE UNITED STATES THAT ARISE 
                   FROM SEX-RELATED OFFENSES.

       (a) Establishment.--
       (1) In general.--Chapter 163 of title 10, United States 
     Code, is amended by inserting after section 2733a the 
     following new section:

     ``Sec. 2733b. Claims arising from sex-related offenses

       ``(a) In General.--Consistent with this section and under 
     such regulations as the Secretary of Defense shall prescribe 
     under subsection (d), the Secretary may allow, settle, and 
     pay a claim against the United States for personal injury or 
     death of a claimant arising from--
       ``(1) a sex-related offense committed by a covered 
     individual; and
       ``(2)(A) the negligent failure to prevent such sex-related 
     offense; or
       ``(B) the negligent failure to investigate such sex-related 
     offense.
       ``(b) Requirement for Claims.--A claim may be allowed, 
     settled, and paid under subsection (a) only if--
       ``(1) the claim is filed by the claimant who is the victim 
     of the sex-related offense, or by an authorized 
     representative on behalf of such claimant who is deceased or 
     otherwise unable to file the claim due to incapacitation;
       ``(2) the claimant was a member of an armed force under the 
     jurisdiction of the Secretary of a military department at the 
     time of the sex-related offense;
       ``(3) the claim is presented to the Department in writing 
     within two years after the claim accrues;
       ``(4) the claim is not allowed to be settled and paid under 
     any other provision of law; and
       ``(5) the claim is substantiated as prescribed in 
     regulations prescribed by the Secretary of Defense under 
     subsection (d).
       ``(c) Payment of Claims.--(1) If the Secretary of Defense 
     determines, pursuant to regulations prescribed by the 
     Secretary under subsection (d), that a claim under this 
     section in excess of $100,000 is meritorious, and the claim 
     is otherwise payable under this section, the Secretary may 
     pay the claimant $100,000 and report any meritorious amount 
     in excess of $100,000 to the Secretary of the Treasury for 
     payment under section 1304 of title 31.
       ``(2) Except as provided in paragraph (1), no claim may be 
     paid under this section unless the amount tendered is 
     accepted by the claimant in full satisfaction.

[[Page S7345]]

       ``(d) Regulations.--(1) The Secretary of Defense shall 
     prescribe regulations to implement this section.
       ``(2) Regulations prescribed by the Secretary under 
     paragraph (1) shall include the following:
       ``(A) Policies and procedures to ensure the timely, 
     efficient, and effective processing and administration of 
     claims under this section, including--
       ``(i) the filing, receipt, investigation, and evaluation of 
     a claim;
       ``(ii) the negotiation, settlement, and payment of a claim; 
     and
       ``(iii) such other matters relating to the processing and 
     administration of a claim, including an administrative 
     appeals process, as the Secretary considers appropriate.
       ``(B) A process through which any claimant who pursues an 
     administrative appeal of a claim will be provided with an 
     opportunity to participate in a live hearing regarding such 
     appeal, which may be attended by the claimant in-person or 
     remotely through electronic means.
       ``(C) Uniform standards consistent with generally accepted 
     standards used in a majority of States in adjudicating claims 
     under chapter 171 of title 28 (commonly known as the `Federal 
     Tort Claims Act') to be applied to the evaluation, 
     settlement, and payment of claims under this section without 
     regard to the place of occurrence of the sex-related offense 
     giving rise to the claim or the military department of the 
     covered individual, and without regard to foreign law in the 
     case of claims arising in foreign countries, including 
     uniform standards to be applied to determinations with 
     respect to--
       ``(i) whether an act or omission by a covered individual 
     was negligent or wrongful, considering the specific facts and 
     circumstances;
       ``(ii) whether the personal injury or death of the claimant 
     was caused by a negligent or wrongful act or omission of a 
     covered individual;
       ``(iii) requirements relating to proof of duty, breach of 
     duty, and causation resulting in compensable injury or loss, 
     subject to such exclusions as may be established by the 
     Secretary of Defense; and
       ``(iv) calculation of damages, except that any standard 
     establishing a maximum limit on noneconomic damages may not 
     limit such damages to less than $800,000.
       ``(D) A requirement that any maximum limit on noneconomic 
     damages shall be not less than $800,000.
       ``(E) Such other matters as the Secretary considers 
     appropriate.
       ``(3) In order to implement expeditiously the provisions of 
     this section, the Secretary may prescribe the regulations 
     under this subsection--
       ``(A) by prescribing an interim final rule; and
       ``(B) not later than one year after prescribing such 
     interim final rule and considering public comments with 
     respect to such interim final rule, by prescribing a final 
     rule.
       ``(e) Limitations on Attorney Fees.--(1) No attorney shall 
     charge, demand, receive, or collect for services rendered, 
     fees in excess of 20 percent of any claim paid pursuant to 
     this section.
       ``(2) Any attorney who charges, demands, receives, or 
     collects for services rendered in connection with a claim 
     under this section any amount in excess of the amount allowed 
     under paragraph (1), if recovery be had, shall be fined not 
     more than $2,000, imprisoned not more than one year, or both.
       ``(3) The United States shall not be liable for any 
     attorney fees of a claimant under this section.
       ``(f) Annual Report.--Not less frequently than annually 
     until 2026, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report--
       ``(1) indicating the number of claims processed under this 
     section;
       ``(2) indicating the resolution of each such claim; and
       ``(3) describing any other information that may enhance the 
     effectiveness of the claims process under this section.
       ``(g) Definitions.--In this section:
       ``(1) The term `covered individual' means a member of the 
     armed forces or an employee of the Department of Defense.
       ``(2) The term `sex-related offense' has the meaning given 
     that term in section 1044e(h) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 163 of such title is amended by 
     inserting after the item relating to section 2733a the 
     following new item:

``2733b. Claims arising from sex-related offenses.''.
       (b) Interim Briefing on Development of Regulations.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall provide to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives a briefing on the development of regulations 
     under section 2733b(d) of title 10, United States Code, as 
     added by subsection (a)(1).
       (c) Conforming Amendments.--
       (1) Section 2735 of such title is amended by inserting 
     ``2733b,'' after ``2733a,''.
       (2) Section 1304(a)(3)(D) of title 31, United States Code, 
     is amended by inserting ``2733b,'' after ``2733a,''.
       (d) Effective Date and Transition Provision.--
       (1) Effective date.--The amendments made by this section 
     shall apply to any claim filed under section 2733b of such 
     title, as added by subsection (a)(1), on or after January 1, 
     2022.
       (2) Transition.--Any claim filed in calendar year 2021 
     shall be deemed to be filed within the time period specified 
     in section 2733b(b)(2) of such title, as so added, if it is 
     filed within three years after it accrues.
                                 ______
                                 
  SA 3871. Ms. WARREN (for herself, Mr. Daines, Mr. King, and Ms. 
Collins) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, 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. ___. 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 
     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).''.
                                 ______
                                 
  SA 3872. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, 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 VIII, add the following:

     SEC. 821. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS FOR 
                   COVERED CONTRACTORS.

       (a) In General.--Subchapter V of chapter 325 of title 10, 
     United States Code, is amended by inserting after section 
     4892 the following new section:

     ``Sec. 4893. Diversity and inclusion reporting requirements 
       for covered contractors

       ``(a) Covered Contractor Reports.--
       ``(1) In general.--The Secretary of Defense shall require 
     each covered contractor awarded a major contract to submit to 
     the Secretary of Defense by the last day of each full fiscal 
     year that occurs during the period of performance of any 
     major contract a report on diversity and inclusion.
       ``(2) Elements.--Each report under paragraph (1) shall 
     include, for the fiscal year covered by the report--
       ``(A) a description of each major contract with a period of 
     performance during the fiscal year covered by the report, 
     including the period of performance, expected total value, 
     and value to date of each major contract;
       ``(B) the total value of payments received under all major 
     contracts of each covered contractor during such fiscal year;
       ``(C) the total number of participants in the board of 
     directors of each covered contractor, nominees for the board 
     of directors of the covered contractor, and the senior 
     leaders of the covered contractor, disaggregated by 
     demographic classifications
       ``(D) with respect to employees of each covered 
     contractor--

[[Page S7346]]

       ``(i) the total number of such employees; and
       ``(ii) the number of such employees (expressed as a numeral 
     and as a percentage of the total number), identified by 
     membership in demographic classification and major 
     occupational group;
       ``(E) the value of first-tier subcontracts under each major 
     contract entered into during such fiscal year;
       ``(F) with respect to employees of each covered 
     subcontractor--
       ``(i) the total number of such employees;
       ``(ii) the number of such employees (expressed as a numeral 
     and as a percentage of the total number), identified by 
     membership in demographic classification and major 
     occupational group;
       ``(G) whether the board of directors of the covered 
     contractor has, as of the date on which the covered 
     contractor submits a report under this section, adopted any 
     policy, plan, or strategy to promote racial, ethnic, and 
     gender diversity among the members of the board of directors 
     of the covered contractor, nominees for the board of 
     directors of the covered contractor, or the senior leaders of 
     the covered contractor; and
       ``(H) a description of participation by the contractor in 
     diversity programs, to include hours spent, funds expended in 
     support of, and the number of unique relationships 
     established by each such diversity program.
       ``(b) Annual Summary Report.--
       ``(1) Report required.--Not later than 60 days after the 
     first day of each fiscal year, the Secretary shall submit to 
     the congressional defense committees a report summarizing the 
     reports submitted pursuant to subsection (a).
       ``(2) Elements.--Each report under paragraph (1) shall 
     include--
       ``(A) an index of the reports submitted pursuant to 
     subsection (a);
       ``(B) a compilation of the data described in such 
     subsection, disaggregated as described in such subsection;
       ``(C) an aggregation of the data provided in such reports; 
     and
       ``(D) a narrative that analyzes the information disclosed 
     in such reports and identifies any year-to-year trends in 
     such information.
       ``(c) Public Availability.--Each report required under this 
     subsection shall be posted on a single publicly available 
     website of the Department of Defense and made available in a 
     machine-readable format that is downloadable, searchable, and 
     sortable.
       ``(d) Definitions.--In this section:
       ``(1) Covered contractor.--The term `covered contractor' 
     means a contractor awarded a major contract.
       ``(2) Covered subcontractor.--The term `covered 
     subcontractor' means a subcontractor performing a subcontract 
     that is one of the 10 highest aggregate value subcontracts 
     under a major contract.
       ``(3) Demographic classifications.--The term `demographic 
     classifications' means classifications by race, gender, 
     veteran status, or ethnicity.
       ``(4) Diversity program.--The term `diversity program' 
     means--
       ``(A) a program conducted under section 3904 of this title;
       ``(B) a mentor-protege relationship established under 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991;
       ``(C) a program conducted under section 250 of the William 
     M. (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2192a note); 
     or
       ``(D) any other program designated by the Secretary of 
     Defense as designed to increase the diversity of the 
     workforce of the defense industrial base.
       ``(5) Major contract.--The term `major contract' has the 
     meaning given the term in section 2342 of this title.
       ``(6) Major occupational group.--The term `major 
     occupational group' means a major occupational group as 
     defined by the Bureau of Labor Statistics.
       ``(7) Senior leader.--The term `senior leader' means--
       ``(A) the president of a covered contractor;
       ``(B) any vice president in charge of a principal business 
     unit, division, or function of a covered contractor;
       ``(C) any other officer of a covered contractor who 
     performs a policy-making function; or
       ``(D) an individual responsible for the direct or indirect 
     management of more than 200 individuals.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter V of chapter 325 of title 10, United States Code, 
     is amended by adding after the item related to section 4892 
     the following:

``4893. Diversity and inclusion reporting requirements for covered 
              contractors.''.
       (c) Effective Date and Applicability.--The amendments made 
     by this section shall take effect on July 1, 2022, and shall 
     apply with respect to contracts entered into on or after July 
     1, 2022.
                                 ______
                                 
  SA 3873. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, 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 C of title XXVIII, add the 
     following:

     SEC. 2825. AUTHORITY TO CONVEY AND LEASE LAND AND FACILITIES 
                   TO SUPPORT CONTRACTS WITH FEDERALLY FUNDED 
                   RESEARCH AND DEVELOPMENT CENTERS.

       (a) In General.--Chapter 159 of title 10, United States 
     Code, is amended by inserting after section 2688 the 
     following new section:

     ``Sec. 2689. Conveyance and lease of land and facilities to 
       support contracts with federally funded research and 
       development centers

       ``(a) Lease of Land, Facilities, and Improvements.--(1) The 
     Secretary of a military department may, for no consideration, 
     lease land, facilities, and improvements to a federally 
     funded research and development center sponsored by, and 
     contracted to, the Department of Defense to further the 
     purposes of such contract for a period not to exceed 30 
     years.
       ``(2) Any lease entered into under paragraph (1) with a 
     federally funded research and development center with respect 
     to which the Department of Defense has entered into a 
     contract described in such paragraph shall terminate upon the 
     termination or nonrenewal of such contract.
       ``(b) Conveyance of Facilities and Improvements.--(1) The 
     Secretary of a military department may, for no consideration, 
     convey to a federally funded research and development center 
     sponsored by, and contracted to, the Department of Defense 
     ownership of facilities and improvements located on land 
     leased to such center to further the purposes of such 
     contract.
       ``(2) Ownership of facilities and improvements conveyed 
     under paragraph (1) shall revert to the United States upon 
     the termination or nonrenewal of the underlying land 
     lease.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 159 of such title is amended by 
     inserting after the item relating to section 2688 the 
     following new item:

``2689. Conveyance of land and facilities to support contracts with 
              federally funded research and development centers.''.
                                 ______
                                 
  SA 3874. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, 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. TREATMENT OF FEDERALLY FUNDED RESEARCH AND 
                   DEVELOPMENT CENTERS UNDER MILITARY CONSTRUCTION 
                   LAWS.

       Section 2801 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e)(1) This chapter does not apply to real property, 
     including facilities, leased to, furnished to, or placed 
     under the responsibility of (through a base support agreement 
     or other contractual mechanism) a federally funded research 
     and development center that is sponsored by and contracted to 
     the Department of Defense for the performance of research, 
     development, and rapid prototyping.
       ``(2) On real property leased, conveyed, or made available 
     to a federally funded research and development center from 
     the Department of Defense, such center may use funds for 
     research and development under a base support agreement or 
     other contractual mechanism to construct new infrastructure 
     and facilities, demolish leased facilities, and repair and 
     refurbish leased facilities consistent with the requirements 
     of such agreement or other contractual mechanism.''.
                                 ______
                                 
  SA 3875. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, 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 III, add the following:

     SEC. 376. MODIFICATION OF DEFINITION OF COMMUNITY 
                   INFRASTRUCTURE FOR PURPOSES OF MILITARY BASE 
                   REUSE STUDIES AND COMMUNITY PLANNING 
                   ASSISTANCE.

       Clause (i) of section 2391(e)(4)(A) of title 10, United 
     States Code, is amended to read as follows:
       ``(i) is located--
       ``(I) off of a military installation; or
       ``(II) on land under the jurisdiction of the Department of 
     Defense under a long-term

[[Page S7347]]

     real estate instrument, such as a lease or easement, that 
     provides support to a military installation; and''.
                                 ______
                                 
  SA 3876. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, 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.''.

                          ____________________