[Congressional Record Volume 167, Number 188 (Tuesday, October 26, 2021)]
[Senate]
[Pages S7374-S7391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3877. Mr. PORTMAN (for himself and Mr. Murphy) 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 G of title XII, add the following:

     SEC. 1283. EXTENSION OF AUTHORITY OF AND HIRING AUTHORITY FOR 
                   THE GLOBAL ENGAGEMENT CENTER.

       (a) Extension.--Section 1287(j) of the National Defense 
     Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) 
     is amended by striking ``the date that is 8 years after the 
     date of the enactment of this Act'' and inserting ``December 
     31, 2027''.
       (b) Hiring Authority for Global Engagement Center.--
     Notwithstanding any other provision of law, the Secretary of 
     State, during the five-year period beginning on the date of 
     the enactment of this Act and solely to carry out functions 
     of the Global Engagement Center established by such section, 
     may--
       (1) appoint employees without regard to the provisions of 
     title 5, United States Code, regarding appointments in the 
     competitive service; and
       (2) fix the basic compensation of such employees without 
     regard to chapter 51 and subchapter III of chapter 53 of such 
     title regarding classification and General Schedule pay 
     rates.
                                 ______
                                 
  SA 3878. Mr. PORTMAN (for himself and Mr. Murphy) 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 G of title XII, add the following:

     SEC. 1283. EXTENSION OF AUTHORITY OF AND HIRING AUTHORITY FOR 
                   THE GLOBAL ENGAGEMENT CENTER.

       (a) Extension.--Section 1287(j) of the National Defense 
     Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) 
     is amended by striking ``the date that is 8 years after the 
     date of the enactment of this Act'' and inserting ``December 
     31, 2027''.
       (b) Hiring Authority for Global Engagement Center.--
     Notwithstanding any other provision of law, the Secretary of 
     State, during the five-year period beginning on the date of 
     the enactment of this Act and solely to carry out functions 
     of the Global Engagement Center established by such section, 
     may--
       (1) appoint employees without regard to the provisions of 
     title 5, United States Code, regarding appointments in the 
     competitive service; and
       (2) fix the basic compensation of such employees without 
     regard to chapter 51 and subchapter III of chapter 53 of such 
     title regarding classification and General Schedule pay 
     rates.
                                 ______
                                 
  SA 3879. Mr. PORTMAN (for himself, Mr. Brown, and Mr. Coons) 
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, insert the following:

   Subtitle H--Otto Warmbier Countering North Korean Censorship and 
                        Surveillance Act of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Otto Warmbier 
     Countering North Korean Censorship and Surveillance Act of 
     2021''.

     SEC. 1292. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The information landscape in North Korea is the most 
     repressive in the world, consistently ranking last or near-
     last in the annual World Press Freedom Index.
       (2) Under the brutal rule of Kim Jung Un, the country's 
     leader since 2012, the North Korean regime has tightened 
     controls on access to information, as well as enacted harsh 
     punishments for consumers of outside media, including 
     sentencing to time in a concentration camp and a maximum 
     penalty of death.
       (3) Such repressive and unjust laws surrounding information 
     in North Korea resulted in the death of 22-year-old United 
     States citizen and university student Otto Warmbier, who had 
     traveled to North Korea in December 2015 as part of a guided 
     tour.
       (4) Otto Warmbier was unjustly arrested, sentenced to 15 
     years of hard labor, and severely mistreated at the hands of 
     North Korean officials. While in captivity, Otto Warmbier 
     suffered a serious medical emergency that placed him into a 
     comatose state. Otto Warmbier was comatose upon his release 
     in June 2017 and died 6 days later.
       (5) Despite increased penalties for possession and 
     viewership of foreign media, the people of North Korean have 
     increased their desire for foreign media content, according 
     to a survey of 200 defectors concluding that 90 percent had 
     watched South Korean or other foreign media before defecting.
       (6) On March 23, 2021, in an annual resolution, the United 
     Nations General Assembly condemned ``the long-standing and 
     ongoing systematic, widespread and gross violations of human 
     rights in the Democratic People's Republic of Korea'' and 
     expressed grave concern at, among other things, ``the denial 
     of the right to freedom of thought, conscience, and religion 
     . . . and of the rights to freedom of opinion, expression, 
     and association, both online and offline, which is enforced 
     through an absolute monopoly on information and total control 
     over organized social life, and arbitrary and unlawful state 
     surveillance that permeates the private lives of all 
     citizens''.
       (7) In 2018, Typhoon Yutu caused extensive damage to 15 
     broadcast antennas used by the United States Agency for 
     Global Media in Asia, resulting in reduced programming to 
     North Korea. The United States Agency for Global Media has 
     rebuilt 5 of the 15 antenna systems as of June 2021.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) in the event of a crisis situation, particularly where 
     information pertaining to the crisis is being actively 
     censored or a false narrative is being put forward, the

[[Page S7375]]

     United States should be able to quickly increase its 
     broadcasting capability to deliver fact-based information to 
     audiences, including those in North Korea; and
       (2) the United States International Broadcasting Surge 
     Capacity Fund is already authorized under section 316 of the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6216), and expanded authority to transfer unobligated 
     balances from expired accounts of the United States Agency 
     for Global Media would enable the Agency to more nimbly 
     respond to crises.

     SEC. 1293. STATEMENT OF POLICY.

        It is the policy of the United States--
       (1) to provide the people of North Korea with access to a 
     diverse range of fact-based information;
       (2) to develop and implement novel means of communication 
     and information sharing that increase opportunities for 
     audiences in North Korea to safely create, access, and share 
     digital and non-digital news without fear of repressive 
     censorship, surveillance, or penalties under law; and
       (3) to foster and innovate new technologies to counter 
     North Korea's state-sponsored repressive surveillance and 
     censorship by advancing internet freedom tools, technologies, 
     and new approaches.

     SEC. 1294. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S 
                   REPRESSIVE INFORMATION ENVIRONMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall develop and 
     submit to Congress a strategy on combating North Korea's 
     repressive information environment.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       (1) An assessment of the challenges to the free flow of 
     information into North Korea created by the censorship and 
     surveillance technology apparatus of the Government of North 
     Korea.
       (2) A detailed description of the agencies and other 
     government entities, key officials, and security services 
     responsible for the implementation of North Korea's 
     repressive laws regarding foreign media consumption.
       (3) A detailed description of the agencies and other 
     government entities and key officials of foreign governments 
     that assist, facilitate, or aid North Korea's repressive 
     censorship and surveillance state.
       (4) A review of existing public-private partnerships that 
     provide circumvention technology and an assessment of the 
     feasibility and utility of new tools to increase free 
     expression, circumvent censorship, and obstruct repressive 
     surveillance in North Korea.
       (5) A description of and funding levels required for 
     current United States Government programs and activities to 
     provide access for the people of North Korea to a diverse 
     range of fact-based information.
       (6) An update of the plan required by section 104(a)(7)(A) 
     of the North Korean Human Rights Act of 2004 (22 U.S.C. 
     7814(a)(7)(A)).
       (7) A description of Department of State programs and 
     funding levels for programs that promote internet freedom in 
     North Korea, including monitoring and evaluation efforts.
       (8) A description of grantee programs of the United States 
     Agency for Global Media in North Korea that facilitate 
     circumvention tools and broadcasting, including monitoring 
     and evaluation efforts.
       (9) A detailed assessment of how the United States 
     International Broadcasting Surge Capacity Fund authorized 
     under section 316 of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6216) has operated to 
     respond to crisis situations in the past, and how authority 
     to transfer unobligated balances from expired accounts would 
     help the United States Agency for Global Media in crisis 
     situations in the future.
       (10) A detailed plan for how the authorization of 
     appropriations under section 1297 will operate alongside and 
     augment existing programming from the relevant Federal 
     agencies and facilitate the development of new tools to 
     assist that programming.
       (c) Form of Strategy.--The strategy required by subsection 
     (a) shall be submitted in unclassified form, but may include 
     the matters required by paragraphs (2) and (3) of subsection 
     (b) in a classified annex.

     SEC. 1295. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   RESPONSIBLE FOR NORTH KOREA'S REPRESSIVE 
                   CENSORSHIP AND SURVEILLANCE STATE.

       (a) In General.--The President may impose the following 
     sanctions with respect to any foreign person that the 
     President determines knowingly engaged in, facilitated, or 
     was responsible for censorship by the Government of North 
     Korea or the Workers' Party of Korea identified under 
     paragraph (2) or (3) of section 1294(b):
       (1) Blocking of property.--The President may exercise all 
     of the powers granted to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in property and interests in property of the 
     foreign person if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--In the case of an alien, 
     the alien may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subparagraph (A) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Effect.--A revocation under clause (i) shall--

       (I) take effect consistent with section 221 of the 
     Immigration and Nationality Act (8 U.S.C. 1201); and
       (II) cancel any other valid visa or entry documentation 
     that is in the alien's possession.

       (b) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (a)(1) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (c) National Security Waiver.--The President may waive the 
     imposition of sanctions under subsection (a) with respect to 
     a person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to the appropriate congressional committees a 
     notification of the waiver and the reasons for the waiver.
       (d) Exceptions.--
       (1) Intelligence activities.--This section shall not apply 
     with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Law enforcement activities.--Sanctions under this 
     section shall not apply with respect to any authorized law 
     enforcement activities of the United States.
       (3) Exception to comply with international agreements.--
     Subsection (a)(2) shall not apply with respect to the 
     admission of an alien to the United States if such admission 
     is necessary to comply with the obligations of the United 
     States under the Agreement regarding the Headquarters of the 
     United Nations, signed at Lake Success June 26, 1947, and 
     entered into force November 21, 1947, between the United 
     Nations and the United States, under the Convention on 
     Consular Relations, done at Vienna April 24, 1963, and 
     entered into force March 19, 1967, or under other 
     international agreements.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (e) Definitions.--In this section:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (3) Foreign person.--The term ``foreign person'' means any 
     person that is not a United States person.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     to the United States for permanent residence;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States; or
       (C) any person in the United States.

     SEC. 1296. REPORT ON ENFORCEMENT OF SANCTIONS WITH RESPECT TO 
                   NORTH KOREA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2024, the Secretary of State and the Secretary of the 
     Treasury shall jointly submit to the appropriate 
     congressional committees (as defined in section 1295(e)) a 
     report on sanctions-related activities and enforcement 
     undertaken by the United States Government with respect to 
     North Korea during the period described in subsection (b) 
     that includes--
       (1) an assessment of activities conducted by persons in 
     North Korea or the Government of North Korea that would 
     require mandatory designations pursuant to the

[[Page S7376]]

     North Korea Sanctions and Policy Enhancement Act of 2016 (22 
     U.S.C. 9201 et seq.); and
       (2) sanctions-related enforcement or other sanctions-
     related actions undertaken by the United States Government 
     pursuant to that Act.
       (b) Period Described.--The period described in this 
     subsection is--
       (1) in the case of the first report required by subsection 
     (a), the period beginning on January 1, 2021, and ending on 
     the date on which the report is required to be submitted; and
       (2) in the case of each subsequent report required by 
     subsection (a), the one-year period preceding submission of 
     the report.

     SEC. 1297. PROMOTING FREEDOM OF INFORMATION AND COUNTERING 
                   CENSORSHIP AND SURVEILLANCE IN NORTH KOREA.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the United States Agency for Global 
     Media $10,000,000 for each of fiscal years 2022 through 2026 
     to provide increased broadcasting and grants for the 
     following purposes:
       (1) To promote the development of internet freedom tools, 
     technologies, and new approaches, including both digital and 
     non-digital means of information sharing related to North 
     Korea.
       (2) To explore public-private partnerships to counter North 
     Korea's repressive censorship and surveillance state.
       (3) To develop new means to protect the privacy and 
     identity of individuals receiving media from the United 
     States Agency for Global Media and other outside media 
     outlets from within North Korea.
       (4) To bolster existing programming from the United States 
     Agency for Global Media by restoring the broadcasting 
     capacity of damaged antennas caused by Typhoon Yutu in 2018.
       (b) Annual Reports.--Section 104(a)(7)(B) of the North 
     Korean Human Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is 
     amended--
       (1) in the matter preceding clause (i)--
       (A) by striking ``1 year after the date of the enactment of 
     this paragraph'' and inserting ``September 30, 2022''; and
       (B) by striking ``Broadcasting Board of Governors'' and 
     inserting ``Chief Executive Officer of the United States 
     Agency for Global Media''; and
       (2) in clause (i), by inserting after ``this section'' the 
     following: ``and sections 1294 and 1297 of the Otto Warmbier 
     Countering North Korean Censorship and Surveillance Act of 
     2021''.
                                 ______
                                 
  SA 3880. Mr. PORTMAN (for himself and 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 A of title VII, add the following:

     SEC. 704. TRICARE FOR MEMBERS OF THE RETIRED RESERVE.

       (a) Adjustment of Eligibility.--Paragraph (2) of section 
     1074(b) of title 10, United States Code, is amended to read 
     as follows:
       ``(2) Paragraph (1) does not apply to a member or former 
     member eligible for retired pay for non-regular service under 
     chapter 1223 of this title who is under 60 years of age 
     unless such member or former member is in receipt of such pay 
     (or would be in receipt of such pay but for section 5304 or 
     5305 of title 38).''.
       (b) TRICARE Retired Reserve.--Section 1076e(a) of title 10, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``who is qualified for a 
     non-regular retirement at age 60 under chapter 1223 of this 
     title, but is not age 60,'' and inserting ``described in 
     paragraph (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) A member of the Retired Reserve of a reserve 
     component of the armed forces is described in this paragraph 
     if the member--
       ``(A) is qualified for a non-regular retirement at age 60 
     under chapter 1223 of this title;
       ``(B) is not age 60; and
       ``(C) is not in receipt of retired pay under such chapter, 
     unless the member is not in receipt of such retired pay due 
     to the application of section 5304 or 5305 of title 38.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect January 1, 2022.
                                 ______
                                 
  SA 3881. Mr. PORTMAN (for himself and 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 appropriate place in title X, insert the following:

       Subtitle __--Improvement of Housing Outcomes for Veterans

     SEC. __. DEPARTMENT OF VETERANS AFFAIRS SHARING OF 
                   INFORMATION RELATING TO COORDINATED ENTRY 
                   PROCESSES FOR HOUSING AND SERVICES OPERATED 
                   UNDER DEPARTMENT OF HOUSING AND URBAN 
                   DEVELOPMENT CONTINUUM OF CARE PROGRAM.

       (a) In General.--The Under Secretary for Health of the 
     Department of Veterans Affairs shall--
       (1) provide to staff of medical centers of the Department 
     of Veterans Affairs and homelessness service providers of the 
     Department the information described in subsection (b); and
       (2) ensure that such information, and other resources the 
     Under Secretary determines are appropriate, are accessible to 
     such staff and providers.
       (b) Information Described.--The information described in 
     this subsection is information related to best practices with 
     respect to the collaboration between medical centers of the 
     Department of Veterans Affairs, homelessness service 
     providers of the Department, and local partners (including 
     local offices of the Department of Housing and Urban 
     Development or public housing agencies, and private and 
     public local community organizations) on the centralized or 
     coordinated assessment systems established and operated by 
     Continuums of Care under section 578.7(a)(8) of title 24, 
     Code of Federal Regulations, including making referrals and 
     sharing data, as the Under Secretary determines appropriate.

     SEC. __. DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH 
                   EMPLOYEES RESPONSIBLE FOR HOMELESSNESS 
                   ASSISTANCE PROGRAMS.

       The Under Secretary for Health of the Department of 
     Veterans Affairs shall clearly communicate with employees of 
     the Department of Veterans Affairs whose responsibilities are 
     related to homelessness assistance programs regarding--
       (1) the measurement of performance of such programs by the 
     Homeless Programs Office of the Department; and
       (2) how to obtain and provide feedback about performance 
     measures.

     SEC. __. SYSTEM FOR SHARING AND REPORTING DATA.

       (a) In General.--The Secretary of Veterans Affairs and the 
     Secretary of Housing and Urban Development shall work 
     together to develop a system for effectively sharing and 
     reporting data between the community-wide homeless management 
     information system described in section 402(f)(3) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360a(f)(3)) and the Homeless Operations Management and 
     Evaluation System of the Department of Veterans Affairs.
       (b) Deadline.--The Secretary of Veterans Affairs and the 
     Secretary of Housing and Urban Development shall ensure that 
     the system developed under subsection (a) is operational not 
     later than three years after the date of the enactment of 
     this Act.

     SEC. __. TRAINING AND TECHNICAL ASSISTANCE REGARDING SERVICES 
                   PROVIDED TO VETERANS AT RISK OF, EXPERIENCING, 
                   OR TRANSITIONING OUT OF HOMELESSNESS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     provide training and technical assistance to entities serving 
     veterans at risk of, experiencing, or transitioning out of 
     homelessness regarding--
       (1) the provision of such services to such veterans; and
       (2) the planning and development of such services.
       (b) Coordination.--The Secretary of Veterans Affairs may 
     coordinate the provision of training and technical assistance 
     under subsection (a) with the Secretary of Housing and Urban 
     Development and the Secretary of Labor.
       (c) Elements.--The training and technical assistance 
     provided under subsection (a) shall include coordination and 
     communication of best practices among all programs 
     administered by the Veterans Health Administration directed 
     at serving veterans at risk of, experiencing, or 
     transitioning out of homelessness.
       (d) Provision of Training.--The Secretary of Veterans 
     Affairs may provide the training and technical assistance 
     under subsection (a) directly or through grants or contracts 
     with such public or nonprofit private entities as the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 3882. Mr. PORTMAN (for himself and 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 title VI, add the following:

[[Page S7377]]

  


     SEC. 607. FORGIVENESS OR OFFSET OF OVERPAYMENT OF RETIRED PAY 
                   PAID TO A JOINT ACCOUNT FOR A PERIOD AFTER THE 
                   DEATH OF THE RETIRED MEMBER OF THE ARMED 
                   FORCES.

       (a) When Payment Deposited to Joint Account.--Section 2771 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(e) In the case of overpayment of retired or retainer 
     pay, arising from payment of such retired or retainer pay for 
     any period after the date of the death of a recipient through 
     the last day of the month in which such death occurs, if such 
     payment is electronically deposited in an accredited 
     financial institution to a joint account bearing the name of 
     the decedent and another individual who is the decedent's 
     designated beneficiary under subsection (a)(1), the Secretary 
     of Defense--
       ``(1) if the decedent is an individual to whom section 1448 
     of this title applies, shall elect to--
       ``(A) forgive the overpayment on behalf of the United 
     States; or
       ``(B) offset the overpayment pursuant to section 1450(n) of 
     this title; or
       ``(2) if the decedent is not an individual to whom section 
     1448 of this title applies, shall forgive the overpayment on 
     behalf of the United States.''.
       (b) Coordination With Survivor Benefit Plan.--Section 1450 
     of title 10, United States Code, is amended--
       (1) in subsection (a), by inserting ``, or that applies 
     under subsection (n)'' after ``under subsection (j)''; and
       (2) by adding at the end the following new subsection:
       ``(n) Special Rule in Case of Certain Final Retired Pay 
     Overpayment.--In a case described in section 2771(e) of this 
     title, if the individual described in that subsection other 
     than the decedent is the beneficiary of the decedent under 
     the Plan, each of the first 12 payments, following the death 
     of the decedent, of the annuity payable to the decedent's 
     beneficiary under the Plan, shall be reduced by one-twelfth 
     of such overpayment.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to payments made to persons who die 
     on or after the date of the enactment of this Act.
                                 ______
                                 
  SA 3883. Mr. DURBIN (for himself, Mr. Leahy, Ms. Baldwin, Mr. Booker, 
and Mr. Murphy) 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 G of title XII, add the following:

     SEC. 1283. DISBURSEMENT OF FOREIGN MILITARY FINANCING FUNDS 
                   FOR EGYPT TO FOREIGN MILITARY SALES TRUST FUND.

       Notwithstanding any other provision of law, funds 
     appropriated pursuant to the Foreign Military Financing 
     Program for assistance for Egypt for fiscal years 2021 and 
     2022 shall be disbursed to the Foreign Military Sales Trust 
     Fund.
                                 ______
                                 
  SA 3884. Mr. DURBIN 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 en of subtitle F of title XII, add the following:

     SEC. 1264. REPORT ON ALLEGATIONS OF WAR CRIMES AND TORTURE 
                   COMMITTED BY UNITED STATES CITIZENS IN LIBYA.

       (a) In General.--Not later than 180 days after receiving a 
     credible allegation of the commission of a covered offense, 
     including from a nongovernmental organization that monitors 
     violations of human rights, the Attorney General, in 
     consultation with the Secretary of State, shall submit to the 
     appropriate committees of Congress a report on such 
     allegation, including a determination as to whether the 
     Attorney General will review or consider reviewing such 
     allegation for potential criminal investigation, and a 
     description of any challenges to prosecution.
       (b) Definitions.--In this section:
       (1) Appropriate committee of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary, the Committee on Armed 
     Services, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on the Judiciary, the Committee on Armed 
     Services, and the Committee on Foreign Affairs of the House 
     of Representatives.
       (2) Covered offense.--The term ``covered offense'' means an 
     offense under section 2340A, 2441, or 2442 of title 18, 
     United States Code, committed in Libya by or at the order of 
     a United States citizen.
                                 ______
                                 
  SA 3885. Mr. DURBIN (for himself, Mr. Leahy, Ms. Baldwin, Mr. Booker, 
and Mr. Murphy) 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 F of title XII, add the following:

     SEC. 1264. REPORT ON INCIDENTS OF ARBITRARY DETENTION, 
                   VIOLENCE, AND STATE-SANCTIONED HARASSMENT BY 
                   THE GOVERNMENT OF EGYPT.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit to 
     the appropriate committees of Congress a report on incidents 
     of violence against, and arbitrary detention and state-
     sanctioned harassment of, United States citizens, individuals 
     in the United States, and family members of such citizens and 
     individuals carried out by the security agencies of the 
     Government of Egypt in Egypt or the United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A detailed description of any such incident during the 
     three-year period immediately preceding the date on which the 
     report is submitted.
       (2) A determination of whether such incidents constitute a 
     pattern of acts of intimidation or harassment.
       (3) A description of any action taken by the Secretary of 
     State to meaningfully deter such incidents.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex with respect to the elements described in paragraphs 
     (2) and (3) of subsection (b) if such classified annex is 
     provided separately.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 3886. Mr. DURBIN (for himself, Mr. Grassley, and Mrs. Feinstein) 
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:

        In the funding table in section 4301 for Operation and 
     Maintenance, Defense-wide relating to Administrative and 
     Service-Wide Activities, in the item relating to Defense 
     Security Cooperation Agency, insert after the item relating 
     to AFRICOM UFR-AFRICOM the following:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
    BALTIC SECURITY INITIATIVE..........................       [175,000]
------------------------------------------------------------------------

                                 ______
                                 
  SA 3887. Mr. DURBIN (for himself and Mr. Carper) 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 G of title X, add the following:

     SEC. 1064. PROHIBITION ON SMOKING IN FACILITIES OF THE 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Prohibition.--
       (1) In general.--Section 1715 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 1715. Prohibition on smoking in facilities of the 
       Veterans Health Administration

       ``(a) Prohibition.--No person (including any veteran, 
     patient, resident, employee of the Department, contractor, or 
     visitor) may smoke on the premises of any facility of the 
     Veterans Health Administration.
       ``(b) Definitions.--In this section:
       ``(1) The term `facility of the Veterans Health 
     Administration' means any land or

[[Page S7378]]

     building (including any medical center, nursing home, 
     domiciliary facility, outpatient clinic, or center that 
     provides readjustment counseling) that is--
       ``(A) under the jurisdiction of the Department of Veterans 
     Affairs;
       ``(B) under the control of the Veterans Health 
     Administration; and
       ``(C) not under the control of the General Services 
     Administration.
       ``(2) The term `smoke' includes--
       ``(A) the use of cigarettes, cigars, pipes, and any other 
     combustion or heating of tobacco; and
       ``(B) the use of any electronic nicotine delivery system, 
     including electronic or e-cigarettes, vape pens, and e-
     cigars.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by striking the item relating to section 1715 and 
     inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
              Administration.''.
       (b) Conforming Amendment.--Section 526 of the Veterans 
     Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 
     note) is repealed.
                                 ______
                                 
  SA 3888. Mr. DURBIN (for himself, Mr. Leahy, and Mr. Ossoff) 
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 G of title XII, add the following:

     SEC. 1238. TERMINATION OF AUTHORIZATIONS FOR THE USE OF 
                   MILITARY FORCE AND DECLARATIONS OF WAR.

       (a) Future Authorizations for the Use of Military Force and 
     Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted into law after 
     the date of enactment of this Act shall terminate on the date 
     that is 10 years after the date of enactment of such 
     authorization or declaration.
       (b) Existing Authorizations for the Use of Military Force 
     and Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted before the date 
     of the enactment of this Act shall terminate on the date that 
     is 6 months after the date of such enactment.
                                 ______
                                 
  SA 3889. Mr. DURBIN (for himself, Mr. Grassley, and Mrs. Feinstein) 
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:

        Strike section 1236 and insert the following:

     SEC. 1236. SENSE OF SENATE ON PROVISION OF SECURITY 
                   ASSISTANCE TO BALTIC COUNTRIES.

       (a) Findings.--The Senate makes the following findings:
       (1) The Baltic countries are particularly vulnerable to 
     continued aggression from the Russian Federation, including 
     through increased air provocations, military build ups in the 
     Baltic region, disinformation campaigns, cyberattacks, and 
     other forms of intimidation.
       (2) Since fiscal year 2018, the United States has allocated 
     over $498,965,000 in Department of Defense partner capacity 
     funding for the Baltic countries, including over $219,000,000 
     for the Baltic Security Initiative pursuant to sections 332 
     and 333 of title 10, United States Code, for security 
     assistance to Baltic countries with respect to--
       (A) air defense;
       (B) maritime situational awareness;
       (C) ammunition;
       (D) command, control, communications, computers, 
     intelligence, surveillance, and reconnaissance;
       (E) anti-tank capability;
       (F) special forces; and
       (G) other defense capabilities.
       (3) The Secretary of Defense has completed the 
     comprehensive Baltic defense assessment required by section 
     1246 of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92; 133 Stat. 1661) and has 
     recommended continued robust, comprehensive investment in 
     Baltic security efforts based on that assessment.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the security of the Baltic region is crucial to the 
     security of the North Atlantic Treaty Organization alliance 
     and the continued provision of security assistance to the 
     Baltic countries is critical to ensuring deterrence against 
     Russian aggression and bolstering the security of North 
     Atlantic Treaty Organization allies; and
       (2) the Senate strongly supports robust assistance to 
     accomplish United States strategic objectives, including by 
     providing assistance to the Baltic countries through the 
     Baltic Security Initiative.
                                 ______
                                 
  SA 3890. Mr. RUBIO (for himself, Mr. Warner, Mr. Bennet, Mr. Blunt, 
Mr. Burr, Mr. Casey, Ms. Collins, Mr. Cotton, Mrs. Feinstein, Mrs. 
Gillibrand, Mr. Heinrich, Mr. King, Mr. Risch, Mr. Sasse, and Mr. 
Wyden) 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, insert the following:

     SEC. __. EXPANSION OF TREATMENT OF MOVING EXPENSES.

       (a) Purpose.--The purpose of this section is to facilitate 
     the movement of members of the intelligence community to meet 
     mission critical needs and to reduce unintended tax burdens 
     imposed on public servants in relocating duty stations.
       (b) Deduction.--Section 217(k) of the Internal Revenue Code 
     of 1986 is amended by inserting ``or an employee or new 
     appointee of the intelligence community (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) (other than a member of the Armed Forces of the United 
     States) who moves pursuant to a change in assignment that 
     requires relocation'' after ``to whom subsection (g) 
     applies''.
       (c) Exclusion for Qualified Moving Expense 
     Reimbursements.--Section 132(g)(2) of the Internal Revenue 
     Code of 1986 is amended by inserting ``or an employee or new 
     appointee of the intelligence community (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) (other than a member of the Armed Forces of the United 
     States) who moves pursuant to a change in assignment that 
     requires relocation'' after ``change of station''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.
                                 ______
                                 
  SA 3891. Mr. CASEY (for himself and 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 appropriate place, insert the following:

     SEC. ___. LOCALITY PAY EQUITY.

       (a) Limiting the Number of Local Wage Areas Defined Within 
     a General Schedule Pay Locality.--
       (1) Local wage area limitation.--Section 5343(a) of title 
     5, United States Code, is amended--
       (A) in paragraph (1)(B)(i), by striking ``(but such'' and 
     all that follows through ``are employed)'';
       (B) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (C) in paragraph (5), by striking the period after 
     ``Islands'' and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) the Office of Personnel Management shall define not 
     more than 1 local wage area within a pay locality, except 
     that this paragraph shall not apply to the pay locality 
     designated as `Rest of United States'.''.
       (2) General schedule pay locality defined.--Section 5342(a) 
     of title 5, United States Code, is amended--
       (A) in paragraph (2)(C), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (3), by striking the period after 
     ``employee'' and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) `pay locality' has the meaning given that term under 
     section 5302.''.
       (b) Regulations.--The Director of the Office of Personnel 
     Management shall prescribe any regulations necessary to carry 
     out the purpose of this section, including regulations to 
     ensure that the enactment of this section shall not have the 
     effect of reducing any rate of basic pay payable to any 
     individual who is serving as a prevailing rate employee (as 
     defined under section 5342(a)(2) of title 5, United States 
     Code).
       (c) Applicability.--The amendments made by this section 
     shall apply on and after the first day of the first full pay 
     period beginning at least 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3892. Mrs. GILLIBRAND submitted an amendment intended to be

[[Page S7379]]

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 III, add the following:

     SEC. 356. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO 
                   CONTAMINATION FROM PFAS.

       (a) In General.--In conducting response actions to address 
     PFAS contamination from activities of the Department of 
     Defense or National Guard, 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 clause (ii) of section 121(d)(2)(A) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)).
       (2) The applicable Federal standard as described in clause 
     (i) of such section.
       (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 3893. Mr. MORAN 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 A of title VII, add the following:

     SEC. 704. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO 
                   INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF 
                   THE UNIFORMED SERVICES.

       Paragraph (16) of section 1077(a) of title 10, United 
     States Code, is amended to read as follows:
       ``(16) Except as provided by subsection (g), a hearing aid, 
     but only if the dependent has a profound hearing loss, as 
     determined under standards prescribed in regulations by the 
     Secretary of Defense in consultation with the administering 
     Secretaries, and only for the following dependents:
       ``(A) A dependent of a member of the uniformed services on 
     active duty.
       ``(B) A dependent under subparagraph (D) or (I) of section 
     1072(2) of this title of a former member of the uniformed 
     services who is entitled to retired or retainer pay, or 
     equivalent pay.''.
                                 ______
                                 
  SA 3894. Mr. MORAN 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 A of title VII, add the following:

     SEC. 704. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO 
                   INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF 
                   THE UNIFORMED SERVICES.

       Paragraph (16) of section 1077(a) of title 10, United 
     States Code, is amended to read as follows:
       ``(16) Except as provided by subsection (g), a hearing aid, 
     but only if the dependent has a profound hearing loss, as 
     determined under standards prescribed in regulations by the 
     Secretary of Defense in consultation with the administering 
     Secretaries, and only for the following dependents:
       ``(A) A dependent of a member of the uniformed services on 
     active duty.
       ``(B) A dependent under subparagraph (D) or (I) of section 
     1072(2) of this title of a former member of the uniformed 
     services who is entitled to retired or retainer pay, or 
     equivalent pay.''.
                                 ______
                                 
  SA 3895. Mr. MORAN 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 VII, add the following:

     SEC. 744. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-
                   TRAUMATIC STRESS DISORDER RESEARCH BETWEEN 
                   UNITED STATES AND ISRAEL.

       (a) Findings and Sense of Congress.--
       (1) Findings.--Congress makes the following findings:
       (A) The Department of Veterans Affairs reports that between 
     11 and 20 percent of veterans who served in Operation Iraqi 
     Freedom and Operation Enduring Freedom have post-traumatic 
     stress disorder (in this paragraph referred to as ``PTSD'') 
     in a given year. In addition, that figure amounts to about 12 
     percent of Gulf War veterans and up to 30 percent of Vietnam 
     veterans.
       (B) The Department of Veterans Affairs reports that among 
     women veterans of the conflicts in Iraq and Afghanistan, 
     almost 20 percent have been diagnosed with PTSD.
       (C) It is thought that 70 percent of individuals in the 
     United States have experienced at least one traumatic event 
     in their lifetime, and approximately 20 percent of those 
     individuals have struggled or continue to struggle with 
     symptoms of PTSD.
       (D) Studies show that PTSD has links to homelessness and 
     substance abuse in the United States. The Department of 
     Veterans Affairs estimates that approximately 11 percent of 
     the homeless population are veterans and the Substance Abuse 
     and Mental Health Services Administration estimates that 
     about seven percent of veterans have a substance abuse 
     disorder.
       (E) Our ally Israel, under constant attack from terrorist 
     groups, experiences similar issues with Israeli veterans 
     facing symptoms of PTSD. The National Center for Traumatic 
     Stress and Resilience at Tel Aviv University found that five 
     to eight percent of combat soldiers experience some form of 
     PTSD, and during wartime, that figure rises to 15 to 20 
     percent.
       (F) Current treatment options in the United States focus on 
     cognitive therapy, exposure therapy, or eye movement 
     desensitization and reprocessing, but the United States must 
     continue to look for more effective treatments. Several 
     leading hospitals, academic institutions, and nonprofit 
     organizations in Israel dedicate research and services to 
     treating PTSD.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary of Defense, acting through the Psychological 
     Health and Traumatic Brain Injury Research Program, should 
     seek to explore scientific collaboration between academic 
     institutions and nonprofit research entities in the United 
     States and institutions in Israel with expertise in 
     researching, diagnosing, and treating post-traumatic stress 
     disorder.
       (b) Grant Program.--
       (1) In general.--The Secretary of Defense, in coordination 
     with the Secretary of Veterans Affairs and the Secretary of 
     State, shall award grants to eligible entities to carry out 
     collaborative research between the United States and Israel 
     with respect to post-traumatic stress disorders.
       (2) Agreement.--The Secretary of Defense shall carry out 
     the grant program under this section in accordance with the 
     Agreement on the United States-Israel binational science 
     foundation with exchange of letters, signed at New York 
     September 27, 1972, and entered into force on September 27, 
     1972.
       (c) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be an academic 
     institution or a nonprofit entity located in the United 
     States.
       (d) Award.--The Secretary shall award grants under this 
     section to eligible entities that--
       (1) carry out a research project that--
       (A) addresses a requirement in the area of post-traumatic 
     stress disorders that the Secretary determines appropriate to 
     research using such grant; and
       (B) is conducted by the eligible entity and an entity in 
     Israel under a joint research agreement; and
       (2) meet such other criteria that the Secretary may 
     establish.
       (e) Application.--To be eligible to receive a grant under 
     this section, an eligible entity shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such commitments and information as the Secretary may 
     require.
       (f) Gift Authority.--
       (1) In general.--The Secretary may accept, hold, and 
     administer any gift of money made on the condition that the 
     gift be used for the purpose of the grant program under this 
     section.
       (2) Deposit.--Gifts of money accepted under paragraph (1) 
     shall be deposited in the Treasury in the Department of 
     Defense General Gift Fund and shall be available, subject to 
     appropriation, without fiscal year limitation.

[[Page S7380]]

       (g) Reports.--Not later than 180 days after the date on 
     which an eligible entity completes a research project using a 
     grant under this section, the Secretary shall submit to 
     Congress a report that contains--
       (1) a description of how the eligible entity used the 
     grant; and
       (2) an evaluation of the level of success of the research 
     project.
       (h) Termination.--The authority to award grants under this 
     section shall terminate on the date that is seven years after 
     the date on which the first such grant is awarded.
                                 ______
                                 
  SA 3896. Mr. MORAN 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 VII, add the following:

     SEC. 744. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-
                   TRAUMATIC STRESS DISORDER RESEARCH BETWEEN 
                   UNITED STATES AND ISRAEL.

       (a) Findings and Sense of Congress.--
       (1) Findings.--Congress makes the following findings:
       (A) The Department of Veterans Affairs reports that between 
     11 and 20 percent of veterans who served in Operation Iraqi 
     Freedom and Operation Enduring Freedom have post-traumatic 
     stress disorder (in this paragraph referred to as ``PTSD'') 
     in a given year. In addition, that figure amounts to about 12 
     percent of Gulf War veterans and up to 30 percent of Vietnam 
     veterans.
       (B) The Department of Veterans Affairs reports that among 
     women veterans of the conflicts in Iraq and Afghanistan, 
     almost 20 percent have been diagnosed with PTSD.
       (C) It is thought that 70 percent of individuals in the 
     United States have experienced at least one traumatic event 
     in their lifetime, and approximately 20 percent of those 
     individuals have struggled or continue to struggle with 
     symptoms of PTSD.
       (D) Studies show that PTSD has links to homelessness and 
     substance abuse in the United States. The Department of 
     Veterans Affairs estimates that approximately 11 percent of 
     the homeless population are veterans and the Substance Abuse 
     and Mental Health Services Administration estimates that 
     about seven percent of veterans have a substance abuse 
     disorder.
       (E) Our ally Israel, under constant attack from terrorist 
     groups, experiences similar issues with Israeli veterans 
     facing symptoms of PTSD. The National Center for Traumatic 
     Stress and Resilience at Tel Aviv University found that five 
     to eight percent of combat soldiers experience some form of 
     PTSD, and during wartime, that figure rises to 15 to 20 
     percent.
       (F) Current treatment options in the United States focus on 
     cognitive therapy, exposure therapy, or eye movement 
     desensitization and reprocessing, but the United States must 
     continue to look for more effective treatments. Several 
     leading hospitals, academic institutions, and nonprofit 
     organizations in Israel dedicate research and services to 
     treating PTSD.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary of Defense, acting through the Psychological 
     Health and Traumatic Brain Injury Research Program, should 
     seek to explore scientific collaboration between academic 
     institutions and nonprofit research entities in the United 
     States and institutions in Israel with expertise in 
     researching, diagnosing, and treating post-traumatic stress 
     disorder.
       (b) Grant Program.--
       (1) In general.--The Secretary of Defense, in coordination 
     with the Secretary of Veterans Affairs and the Secretary of 
     State, shall award grants to eligible entities to carry out 
     collaborative research between the United States and Israel 
     with respect to post-traumatic stress disorders.
       (2) Agreement.--The Secretary of Defense shall carry out 
     the grant program under this section in accordance with the 
     Agreement on the United States-Israel binational science 
     foundation with exchange of letters, signed at New York 
     September 27, 1972, and entered into force on September 27, 
     1972.
       (c) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be an academic 
     institution or a nonprofit entity located in the United 
     States.
       (d) Award.--The Secretary shall award grants under this 
     section to eligible entities that--
       (1) carry out a research project that--
       (A) addresses a requirement in the area of post-traumatic 
     stress disorders that the Secretary determines appropriate to 
     research using such grant; and
       (B) is conducted by the eligible entity and an entity in 
     Israel under a joint research agreement; and
       (2) meet such other criteria that the Secretary may 
     establish.
       (e) Application.--To be eligible to receive a grant under 
     this section, an eligible entity shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such commitments and information as the Secretary may 
     require.
       (f) Gift Authority.--
       (1) In general.--The Secretary may accept, hold, and 
     administer any gift of money made on the condition that the 
     gift be used for the purpose of the grant program under this 
     section.
       (2) Deposit.--Gifts of money accepted under paragraph (1) 
     shall be deposited in the Treasury in the Department of 
     Defense General Gift Fund and shall be available, subject to 
     appropriation, without fiscal year limitation.
       (g) Reports.--Not later than 180 days after the date on 
     which an eligible entity completes a research project using a 
     grant under this section, the Secretary shall submit to 
     Congress a report that contains--
       (1) a description of how the eligible entity used the 
     grant; and
       (2) an evaluation of the level of success of the research 
     project.
       (h) Termination.--The authority to award grants under this 
     section shall terminate on the date that is seven years after 
     the date on which the first such grant is awarded.
                                 ______
                                 
  SA 3897. Ms. STABENOW 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 VIII, add the following:

     SEC. 838. DEFENSE SUPPLY CHAIN RISK ASSESSMENT FRAMEWORK.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a framework, which may be included as part of a 
     framework developed under section 2509 of title 10, United 
     States Code, and pursuant to recommendations provided under 
     section 5 of Executive Order 14017 (86 Fed. Reg. 11849, 
     relating to America's supply chains), to consolidate the 
     information relating to risks to the defense supply chain 
     that is collected by the elements of the Department of 
     Defense to--
       (1) enable Department-wide risk assessments of the defense 
     supply chain; and
       (2) support the development of strategies to mitigate risks 
     to the defense supply chain.
       (b) Framework Requirements.--The framework established 
     under subsection (a) shall--
       (1) provide for the collection, management, and storage of 
     data from the supply chain risk management processes of the 
     Department of Defense;
       (2) provide for the collection of reports on supply chain 
     risk management from the military departments and Defense 
     Agencies, and the dissemination of such reports to the 
     components of the military departments and Defense Agencies 
     involved in the management of supply chain risk;
       (3) enable all elements of the Department to analyze the 
     information collected by such framework to identify risks to 
     the defense supply chain;
       (4) enable the Department to--
       (A) assess the capabilities of foreign adversaries (as 
     defined in section 8(c) of the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to 
     affect the defense supply chain;
       (B) analyze the ability of the industrial base of the 
     United States to meet the needs of the defense supply chain;
       (C) track global technology trends that could affect the 
     defense supply chain, as determined by the Secretary of 
     Defense; and
       (D) assess the risks posed by emerging threats to the 
     defense supply chain;
       (5) support the identification of technology in which the 
     Department may invest to reduce risks to the defense supply 
     chain, including by improving the resilience of the defense 
     supply; and
       (6) provide for--
       (A) a map of the supply chains for major end items that 
     supports analysis, monitoring, and reporting with respect to 
     high-risk subcontractors and risks to such supply chain; and
       (B) the use of a covered application described in 
     subsection (c) in the creation of such map to assess risks to 
     the supply chain for major end items by business sector, 
     vendor, program, part, or technology.
       (c) Covered Application Described.--The covered application 
     described in this subsection is a covered application that 
     includes the following elements:
       (1) A centralized database that consolidates multiple 
     disparate data sources into a single repository to ensure the 
     consistent availability of data.
       (2) Centralized reporting to allow for efficient mitigation 
     and remediation of identified supply chain vulnerabilities.
       (3) Broad interoperability with other software and systems 
     to ensure support for the analytical capabilities of user 
     across the Department.
       (4) Scalable technology to support multiple users, access 
     controls for security, and functionality designed for 
     information-sharing and collaboration.

[[Page S7381]]

       (d) Guidance.--Not later than 180 days after the framework 
     required under subsection (a) is established, and regularly 
     thereafter, the Secretary of Defense shall issue guidance on 
     mitigating risks to the defense supply chain.
       (e) Reports.--
       (1) Progress report.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the progress of establishing the framework as required 
     under subsection (a).
       (2) Final report.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     describing the framework established under subsection (a) and 
     the organizational structure to manage and oversee the 
     framework.
       (f) Definitions.--In this section:
       (1) Covered application.--The term ``covered application'' 
     means a software-as-a-service application that uses decision 
     science, commercial data, and machine learning techniques.
       (2) Defense agency; military department.--The terms 
     ``Defense Agency'' and ``military department'' have the 
     meanings given such terms in section 101 of title 10, United 
     States Code.
       (3) High-risk subcontractors.--The term ``high-risk 
     subcontractor'' means a subcontractor at any tier that 
     supplies major end items for the Department of Defense.
       (4) Major end item.--The term ``major end item'' means an 
     item subject to a unique item-level traceability requirement 
     at any time in the life cycle of such item under Department 
     of Defense Instruction 8320.04, titled ``Item Unique 
     Identification (IUID) Standards for Tangible Personal 
     Property'' and dated September 3, 2015, or any successor 
     instruction.
                                 ______
                                 
  SA 3898. 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 F of title XII, add the following:

     SEC. 1264. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON 
                   FOREIGN GOVERNMENTS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States, in consultation with the Secretary of State, 
     the Secretary of the Treasury, and the head of any other 
     relevant Federal department or agency that the Comptroller 
     General determines necessary, shall submit to the appropriate 
     congressional committees a report on all comprehensive 
     sanctions imposed, under any provision of law, on--
       (1) de jure or de facto governments of foreign countries; 
     and
       (2) non-state actors that exercise significant de facto 
     governmental control over a foreign civilian population.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include--
       (1) an assessment of the effect of sanctions imposed on 
     each government described in paragraph (1) of that subsection 
     and each non-state actor described in paragraph (2) of that 
     subsection on--
       (A) the ability of the civilian population to access water, 
     food, sanitation, and public health services, including all 
     humanitarian aid and supplies related to the prevention, 
     diagnosis, and treatment of COVID-19;
       (B) the changes to the general mortality rate, maternal 
     mortality rate, life expectancy, and literacy rate;
       (C) the extent to which there is an increase in refugees or 
     migration to or from the country or an increase in internally 
     displaced people in the country;
       (D) the degree of compliance and non-compliance of the 
     government or non-state actor with international humanitarian 
     assistance efforts; and
       (E) the licensing of transactions to allow access to 
     essential goods and services to vulnerable populations, 
     including--
       (i) the number of licenses applied for, approved, or 
     denied;
       (ii) in cases of license applications that were denied, the 
     reasons why such application were denied; and
       (iii) the average time to receive a decision; and
       (2) a description of the purpose of sanctions imposed on 
     each such government and non-state actor and the required 
     legal or political authority, including--
       (A) an assessment of the role of United States national 
     security;
       (B) an assessment of whether the stated foreign policy 
     goals of the sanctions are being met;
       (C) the degree of international support or opposition to 
     the sanctions; and
       (D) an assessment of the effect of such sanctions on United 
     States businesses, consumers, and financial institutions.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex. The unclassified portion of the report shall be 
     published on a publicly available internet website of the 
     Government of the United States.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on Ways and Means of 
     the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Finance of the Senate.
                                 ______
                                 
  SA 3899. 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 VIII, add the following:

     SEC. 857. PROTECTIONS FOR WHISTLEBLOWERS SEEKING TO ENSURE 
                   ACCOUNTABILITY AND OVERSIGHT OF COVID-19 
                   PANDEMIC RESPONSE.

       (a) Defense Contracts.--Section 2409 of title 10, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) A protected individual may not be discharged, 
     demoted, harassed, blacklisted, prejudiced by any action or 
     lack of action, or otherwise discriminated against for 
     disclosing, being perceived as disclosing, or preparing to 
     disclose (including assisting in disclosing, being perceived 
     as assisting in disclosing, and including a disclosure made 
     in the ordinary course of job duties) to a person or body 
     described in paragraph (2) information that the protected 
     individual reasonably believes is evidence of--
       ``(A)(i) gross mismanagement of a Department of Defense 
     contract, subcontract, grant, or subgrant relating to covered 
     funds;
       ``(ii) a gross waste of Department funds or covered funds;
       ``(iii) an abuse of authority related to a Department 
     contract or grant or the distribution, implementation, or use 
     of covered funds, including conflict of interest or 
     partiality;
       ``(iv) any violation of any statute, rule, or regulation 
     related to a Department of Defense contract, subcontract 
     (including the competition for or negotiation of a contract 
     or subcontract), grant, or subgrant, awarded or issued 
     relating to covered funds; and
       ``(v) conduct that violates, obstructs, or undermines any 
     law, rule, or regulation related to any Federal contract 
     (including the competition for or negotiation of a contract) 
     or grant, including any statute, rule, or regulation with 
     respect to any coronavirus pandemic-related program, project, 
     or activity;
       ``(B) refusing to obey an order that the protected 
     individual reasonably believes would require that individual 
     to violate a statute, rule, or regulation with respect to any 
     covered funds, including any coronavirus pandemic-related 
     program, project, or activity;
       ``(C) evidencing gross mismanagement of a National 
     Aeronautics and Space Administration contract, grant, 
     subcontract, or subgrant, a gross waste of Administration 
     funds, an abuse of authority relating to an Administration 
     contract or grant, or a violation of law, rule, or regulation 
     related to an Administration contract (including the 
     competition for or negotiation of a contract), grant, 
     subcontract, or subgrant; or
       ``(D) a substantial and specific danger to worker or public 
     health or safety.'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``or a representative 
     of a committee of Congress'' and inserting ``, a 
     representative of a committee of Congress, or commission of 
     Congress'';
       (ii) in subparagraph (B), by inserting ``, including the 
     Special Inspector General for Pandemic Relief and any other 
     Office of Inspector General established by law'' after 
     ``Inspector General'';
       (iii) in subparagraph (G), by striking ``who has the 
     responsibility to investigate'' and inserting ``authorized to 
     investigate''; and
       (iv) by adding after subparagraph (G) the following new 
     subparagraphs:
       ``(H) The Pandemic Response Accountability Committee.
       ``(I) An officer or representative of a labor organization.
       ``(J) The head of an executive agency or a designee of such 
     agency head.''; and
       (C) in paragraph (3)(A)--
       (i) by striking ``an employee'' and inserting ``a protected 
     individual'';
       (ii) by striking ``contractor or subcontractor'' and 
     inserting ``contractor, subcontractor, grantee, or 
     subgrantee''; and
       (iii) by striking ``contract or grant'' and inserting 
     ``contract, subcontract, grant, or subgrant'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``A person who believes that the person'' 
     and inserting ``A protected individual who believes that the 
     protected individual'';

[[Page S7382]]

       (ii) by striking ``Space Administration.'' and inserting 
     ``Space Administration, who shall review the complaint for 
     investigation, and shall investigate the alleged misconduct 
     disclosed by the protected individual if there previously has 
     not been such an investigation or if the appropriate 
     Inspector General determines that the original investigation 
     was biased or otherwise inadequate.''; and
       (iii) by striking ``previously been addressed'' and 
     inserting ``been filed'';
       (B) by amending paragraph (3) to read as follows:
       ``(3)(A) A person or body described in subsection (a)(2) 
     that receives information under paragraph (1) and any other 
     person or body to which such information is disclosed may not 
     exercise discretion to respond to any inquiry or disclose the 
     identity or identifying information of the protected 
     individual providing the information without prior explicit 
     written consent of the protected individual.
       ``(B) If disclosure of the identity or identifying 
     information of a protected individual providing information 
     under paragraph (1) is required by law, the recipient shall 
     provide timely notice of the disclosure to the protected 
     individual.
       ``(C) The Inspector General investigating alleged 
     discrimination under this section may not respond to any 
     inquiry or disclose any information from or about any 
     protected individual alleging such discrimination, except in 
     accordance with the provisions of section 552a of title 5 
     (commonly referred to as the `Privacy Act'), or as required 
     by any other applicable Federal law.''; and
       (C) by adding at the end the following new paragraph:
       ``(5) Upon completion of an investigation under this 
     subsection into alleged misconduct disclosed by the protected 
     individual, the Inspector General shall submit a report of 
     the findings of the investigation to--
       ``(A) the person against whom the misconduct is alleged;
       ``(B) the protected individual concerned;
       ``(C) the Secretary of Defense or the Administrator of the 
     National Aeronautics and Space Administration, as applicable; 
     and
       ``(D) the congressional committees of jurisdiction.'';
       (3) in subsection (c)--
       (A) in paragraph (1)(B), by striking ``compensatory damages 
     (including back pay)'' and inserting ``compensatory damages 
     (including double back pay)'';
       (B) by striking paragraph (7);
       (C) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7);
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2)(A) A protected individual alleging a reprisal under 
     this section shall have access to the investigative file of 
     the Office of Inspector General in accordance with section 
     552a of title 5. The investigation by the Office of Inspector 
     General shall be deemed closed for purposes of disclosure 
     under such section when an individual files an appeal to the 
     head of an executive agency or a court of competent 
     jurisdiction.
       ``(B) In the event a protected individual alleging a 
     reprisal under this section brings a civil action under this 
     subsection, the protected individual and the non-Federal 
     employer (or the Secretary of Defense or the Administrator of 
     the National Aeronautics and Space Administration, as 
     applicable, in the case of a Federal personal services 
     contract involving covered funds), if applicable, shall have 
     access to the investigative file of the Office of Inspector 
     General in accordance with section 552a of title 5.
       ``(C) The Inspector General may exclude from disclosure--
       ``(i) information protected from disclosure by a provision 
     of law; and
       ``(ii) any additional information the Inspector General 
     determines disclosure of which would impede a continuing 
     investigation, if such information is disclosed once such 
     disclosure would no longer impede such investigation, unless 
     the Inspector General determines that disclosure of law 
     enforcement techniques, procedures, or information could 
     reasonably be expected to risk circumvention of the law or 
     disclose the identity of a confidential source.'';
       (E) in paragraph (3), as redesignated by subparagraph (C), 
     by striking ``may bring a de novo action at law or equity 
     against the contractor to seek compensatory damages'' and 
     inserting ``may bring a de novo action at law or equity 
     against any entity violating subsection (a) to seek 
     compensatory damages''; and
       (F) in paragraph (4), as so redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)'';
       (4) by striking subsection (d);
       (5) by redesignating subsection (e) as subsection (d);
       (6) by inserting after subsection (d), as so redesignated, 
     the following new subsection:
       ``(e) General Provisions.--(1) Nothing in this section 
     shall diminish the rights, privileges, or remedies of any 
     protected individual under any Federal or State law, or under 
     any collective bargaining agreement.
       ``(2) Notwithstanding any other provision of law, a 
     protected individual shall be immune from civil and criminal 
     liability for making the disclosure if the protected 
     individual would be protected from reprisal under subsection 
     (a). The protected individual shall bear the burden required 
     under subsection (a) of proving that the individual would be 
     protected from reprisal under subsection (a) for making the 
     disclosure. This section does not provide a defense against 
     activities unrelated to protected activity under subsection 
     (a).
       ``(3)(A) Except as provided under subparagraph (C), the 
     rights and remedies provided for in this section may not be 
     waived by any public or private agreement, policy, form, or 
     condition of employment, including by any predispute 
     arbitration agreement.
       ``(B) Except as provided under subparagraph (C), no 
     predispute arbitration agreement shall be valid or 
     enforceable if it requires arbitration of a dispute arising 
     under this section.
       ``(C) Notwithstanding subparagraphs (A) and (B), an 
     arbitration provision in a collective bargaining agreement 
     shall be enforceable as to disputes arising under the 
     collective bargaining agreement.
       ``(4) Any non-Federal employer receiving covered funds (and 
     the head of the applicable agency in the case of a Federal 
     personal services contract involving covered funds) shall 
     prominently post notice on its website and to each employee 
     of the rights and remedies provided under this section in the 
     predominant native languages of the workforce.'';
       (7) in subsection (f)--
       (A) by inserting ``(1)'' before ``Nothing'';
       (B) by adding ``or other reprisal'' after 
     ``discrimination'';
       (C) by striking ``an employee'' and inserting ``a protected 
     individual'';
       (D) by striking ``the employee'' and inserting ``the 
     protected individual''; and
       (E) by adding at the end the following new paragraph:
       ``(2) State and local employees may file complaints for 
     relief under this section, and nothing in this section may be 
     construed to preempt, preclude, or limit the protections 
     provided for public or private employees under State or local 
     whistleblower laws.'';
       (8) in subsection (g)--
       (A) by redesignating paragraphs (1), (2), (5), (6), and (7) 
     as paragraphs (2), (9), (10), (1), and (8), respectively;
       (B) in paragraph (1), as so redesignated, by striking 
     ``means the following'' and all that follows through the 
     period at the end and inserting the following: ``means an 
     arbitrary and capricious exercise of authority by a 
     contracting officer or employee that adversely affects the 
     rights of any individual, or that results in personal gain or 
     advantage to the officer or employee or to preferred other 
     individuals.''; and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) The term `coronavirus pandemic-related program, 
     project, or activity'--
       ``(A) means a program, project, or activity of the 
     executive branch of the Federal Government authorized under 
     or carried out using amounts made available under an Act to 
     respond to or to provide aid or assistance to address, relief 
     from, or funding to address the outbreak of COVID-19 that is 
     enacted before, on, or after the date of enactment of this 
     paragraph; and
       ``(B) includes any program, project, or activity of the 
     executive branch of the Federal Government authorized under 
     or carried out using amounts made available under--
       ``(i) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139), or an amendment made by 
     that Act;
       ``(ii) the CARES Act (Public Law 116-136) or an amendment 
     made by that Act;
       ``(iii) the Families First Coronavirus Response Act (Public 
     Law 116-127), or an amendment made by that Act;
       ``(iv) the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (Public Law 116-123), 
     or an amendment made by that Act; or
       ``(v) division M or N of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260), or an amendment made by that 
     division.
       ``(6) The term `covered funds' means any contract, 
     subcontract, grant, subgrant, loan, loan guarantee, or other 
     payment for which--
       ``(A) the Federal Government provides any portion of the 
     funds or property that is provided, requested, or demanded; 
     or
       ``(B) any portion of the funds are appropriated or 
     otherwise made available under or to carry out a Coronavirus 
     pandemic-related program, project, or activity.
       ``(7) The term `employee'--
       ``(A) except as provided under subparagraph (B), means an 
     individual performing services on behalf of an employer, 
     including any individual working for an employer under a 
     grant or contract with such employer (including a contractor, 
     subcontractor, grantee, subgrantee, or agent of an employer); 
     and
       ``(B) does not include any Federal employee or member of 
     the uniformed services (as that term is defined in section 
     101(a)(5) of title 10).''; and
       (D) by inserting after paragraph (10), as so redesignated, 
     the following new paragraphs:
       ``(11) The term `non-Federal employer'--
       ``(A) means any employer--
       ``(i) with respect to covered funds--

       ``(I) the contractor, subcontractor, grantee, subgrantee, 
     or recipient, as the case may be, if the contractor, 
     subcontractor, grantee, subgrantee, or recipient is an 
     employer; and
       ``(II) any professional membership organization, 
     certification or other professional body, any agent or 
     licensee of the Federal Government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving covered funds; or

       ``(ii) with respect to covered funds received by a State or 
     local government, the State or

[[Page S7383]]

     local government receiving the funds and any contractor or 
     subcontractor of the State or local government; and
       ``(B) does not mean any department, agency, or other entity 
     of the Federal Government, except with respect to a personal 
     services contractor.
       ``(12) The term `protected individual' means--
       ``(A) a contractor, subcontractor, grantee, or subgrantee;
       ``(B) an employee, applicant, or former employee of a 
     contractor, subcontractor, grantee, or subgrantee; or
       ``(C) a personal services contractor who engages in 
     activity for which any discrimination is prohibited under 
     subsection (a).
       ``(13) The term `State or local government' means--
       ``(A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, or any other territory or 
     possession of the United States; or
       ``(B) the government of any political subdivision of a 
     government listed in subparagraph (A).''.
       (b) Civilian Contracts.--Section 4712 of title 41, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--A protected individual may not be 
     discharged, demoted, harassed, blacklisted, prejudiced by any 
     action or lack of action, or otherwise discriminated against 
     for disclosing, being perceived as disclosing, or preparing 
     to disclose (including assisting in disclosing, being 
     perceived as assisting in disclosing, and including a 
     disclosure made in the ordinary course of job duties) to a 
     person or body described in paragraph (2) information that 
     the protected individual reasonably believes is evidence of 
     misconduct that violates, obstructs, or undermines any law, 
     rule, or regulation related to any Federal contract 
     (including the competition for or negotiation of a contract) 
     or grant, including any statute, rule, or regulation with 
     respect to any Coronavirus pandemic-related program, project, 
     or activity, and also including--
       ``(A)(i) gross mismanagement of an agency contract, 
     subcontract, grant, or subgrant relating to covered funds;
       ``(ii) a gross waste of covered funds;
       ``(iii) a substantial and specific danger to worker or 
     public health or safety;
       ``(iv) an abuse of authority related to the distribution, 
     implementation, or use of covered funds, including conflict 
     of interest or partiality; and
       ``(v) any violation of any statute, rule, or regulation 
     related to an agency contract, subcontract (including the 
     competition for or negotiation of a contract or subcontract), 
     grant, or subgrant, awarded or issued relating to covered 
     funds; or
       ``(B) refusing to obey an order that the protected 
     individual reasonably believes would require that individual 
     to violate a statute, rule, or regulation with respect to any 
     covered funds, including any coronavirus pandemic-related 
     program, project, or activity.'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``or a representative 
     of a committee of Congress'' and inserting ``, a 
     representative of a committee of Congress, or a commission of 
     Congress'';
       (ii) in subparagraph (B), by inserting ``, including the 
     Special Inspector General for Pandemic Relief and any other 
     Office of Inspector General established by law'' after 
     ``Inspector General'';
       (iii) in subparagraph (G), by striking ``who has the 
     responsibility to investigate'' and inserting ``authorized to 
     investigate''; and
       (iv) by adding after subparagraph (G) the following new 
     subparagraphs:
       ``(H) The Pandemic Response Accountability Committee.
       ``(I) An officer or representative of a labor organization.
       ``(J) The head of an executive agency or a designee of such 
     agency head.''; and
       (C) in paragraph 3(A)--
       (i) by striking ``an employee'' and inserting ``a protected 
     individual''; and
       (ii) by striking ``contract or grant'' and inserting 
     ``contract, subcontract, grant, or subgrant'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``A person who believes'' and inserting 
     ``Any person described under subsection (a)(1) who 
     believes''; and
       (ii) by inserting ``, who shall review the complaint for 
     investigation, and shall investigate the alleged misconduct 
     disclosed by the protected individual if there previously has 
     not been such an investigation or if the Inspector General 
     determines that the original investigation was biased or 
     otherwise inadequate'' after ``to the Inspector General of 
     the executive agency involved'';
       (B) by amending paragraph (3) to read as follows:
       ``(3) Protection of whistleblower identity.--
       ``(A) In general.--A person or body described in subsection 
     (a)(2) that receives information under paragraph (1) and any 
     person or body to which the officer or entity discloses the 
     information may not exercise discretion to respond to any 
     inquiry or disclose the identity or identifying information 
     of the protected individual providing the information without 
     prior explicit written consent of the protected individual.
       ``(B) Notice.--If disclosure of the identity or identifying 
     information of a protected individual providing information 
     under paragraph (1) is required by law, the recipient shall 
     provide timely notice of the disclosure to the protected 
     individual.
       ``(C) Privacy of information.--The Inspector General 
     investigating alleged discrimination under this section may 
     not respond to any inquiry or disclose any information from 
     or about any protected individual alleging such 
     discrimination, except in accordance with the provisions of 
     section 552a of title 5 (commonly referred to as the `Privacy 
     Act'), or as required by any other applicable Federal law.''; 
     and
       (C) by adding at the end the following new paragraph:
       ``(5) Report.--Upon completion of an investigation under 
     this subsection into alleged misconduct disclosed by the 
     protected individual, the Inspector General shall submit a 
     report of the findings of the investigation to--
       ``(A) the person;
       ``(B) the contractor, subcontractor, grantee, or subgrantee 
     concerned;
       ``(C) the head of the agency; and
       ``(D) the congressional committees of jurisdiction.'';
       (3) in subsection (c)--
       (A) in paragraph (1)(B), by striking ``compensatory damages 
     (including back pay)'' and inserting ``compensatory damages 
     (including double back pay)'';
       (B) by striking paragraph (7);
       (C) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7);
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Access to investigative file.--
       ``(A) In general.--A protected individual alleging a 
     reprisal under this section shall have access to the 
     investigative file of the Office of Inspector General in 
     accordance with section 552a of title 5. The investigation by 
     the Office of Inspector General shall be deemed closed for 
     purposes of disclosure under such section when an individual 
     files an appeal to the head of an executive agency or a court 
     of competent jurisdiction.
       ``(B) Civil action.--In the event a protected individual 
     alleging a reprisal under this section brings a civil action 
     under this subsection, the protected individual and the non-
     Federal employer (or the head of the applicable executive 
     agency in the case of a Federal personal services contract 
     involving covered funds), if applicable, shall have access to 
     the investigative file of the Office of Inspector General in 
     accordance with section 552a of title 5.
       ``(C) Exception.--The Inspector General may exclude from 
     disclosure--
       ``(i) information protected from disclosure by a provision 
     of law; and
       ``(ii) any additional information the Inspector General 
     determines disclosure of which would impede a continuing 
     investigation, if such information is disclosed once such 
     disclosure would no longer impede such investigation, unless 
     the Inspector General determines that disclosure of law 
     enforcement techniques, procedures, or information could 
     reasonably be expected to risk circumvention of the law or 
     disclose the identity of a confidential source.'';
       (E) in paragraph (3), as redesignated by subparagraph (C), 
     by striking ``may bring a de novo action at law or equity 
     against the contractor, subcontractor, grantee, or subgrantee 
     to seek compensatory damages'' and inserting ``may bring a de 
     novo action at law or equity against any entity violating 
     subsection (a) to seek compensatory damages''; and
       (F) in paragraph (4), as so redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)'';
       (4) by striking subsection (d);
       (5) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively;
       (6) in subsection (d), as redesignated by paragraph (5)--
       (A) by inserting ``(1)'' before ``Nothing'';
       (B) by adding ``or other reprisal'' after 
     ``discrimination'';
       (C) by striking ``an employee'' and inserting ``a protected 
     individual'';
       (D) by striking ``the employee'' and inserting ``the 
     protected individual''; and
       (E) by adding at the end the following new paragraph:
       ``(2) State and local employees may file complaints for 
     relief under this section, and nothing in this section may be 
     construed to preempt, preclude, or limit the protections 
     provided for public or private employees under State or local 
     whistleblower laws.'';
       (7) by inserting after subsection (e), as so redesignated, 
     the following new subsection:
       ``(f) General Provisions.--
       ``(1) Rights retained by employee.--Nothing in this section 
     shall diminish the rights, privileges, or remedies of any 
     protected individual under any Federal or State law, or under 
     any collective bargaining agreement.
       ``(2) Liability.--Notwithstanding any other provision of 
     law, a protected individual shall be immune from civil and 
     criminal liability for making the disclosure if the protected 
     individual would be protected from reprisal under subsection 
     (a). The protected individual shall bear the burden required 
     under subsection (a) of proving that the individual would be 
     protected from reprisal under subsection (a) for making the 
     disclosure. This paragraph does not provide a defense against 
     activities unrelated to protected activity under subsection 
     (a).

[[Page S7384]]

       ``(3) Nonenforceability of certain provisions waiving or 
     overriding rights and remedies or requiring arbitration of 
     disputes.--
       ``(A) Waiver of rights and remedies.--Except as provided 
     under subparagraph (C), the rights and remedies provided for 
     in this section may not be waived by any public or private 
     agreement, policy, form, or condition of employment, 
     including by any predispute arbitration agreement.
       ``(B) Predispute arbitration agreements.--Except as 
     provided under subparagraph (C), no predispute arbitration 
     agreement shall be valid or enforceable if it requires 
     arbitration of a dispute arising under this section.
       ``(C) Exception for collective bargaining agreements.--
     Notwithstanding subparagraphs (A) and (B), an arbitration 
     provision in a collective bargaining agreement shall be 
     enforceable as to disputes arising under the collective 
     bargaining agreement.
       ``(4) Requirement to post notice of rights and remedies.--
     Any non-Federal employer receiving covered funds (and the 
     head of the applicable agency in the case of a Federal 
     personal services contract involving covered funds) shall 
     prominently post notice on its website and to each employee 
     of the rights and remedies provided under this section, in 
     the predominant native languages of the workforce.''; and
       (8) in subsection (g)--
       (A) in paragraph (1), by striking ``that is inconsistent'' 
     and all that follows through the period at the end and 
     inserting ``by a contracting officer or employee that 
     adversely affects the rights of any individual, or that 
     results in personal gain or advantage to the officer or 
     employee or to preferred other individuals.'';
       (B) by redesignating paragraph (2) as paragraph (5);
       (C) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) The term `coronavirus pandemic-related program, 
     project, or activity'--
       ``(A) means a program, project, or activity of the 
     executive branch of the Federal Government authorized under 
     or carried out using amounts made available under an Act to 
     respond to or to provide aid or assistance to address, relief 
     from, or funding to address the outbreak of COVID-19 that is 
     enacted before, on, or after the date of enactment of this 
     paragraph; and
       ``(B) includes any program, project, or activity of the 
     executive branch of the Federal Government authorized under 
     or carried out using amounts made available under--
       ``(i) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139), or an amendment made by 
     that Act;
       ``(ii) the CARES Act (Public Law 116-136), or an amendment 
     made by that Act;
       ``(iii) the Families First Coronavirus Response Act (Public 
     Law 116-127), or an amendment made by that Act;
       ``(iv) the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (Public Law 116-123), 
     or an amendment made by that Act; or
       ``(v) division M or N of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260), or an amendment made by that 
     division.
       ``(3) The term `covered funds' means any contract, 
     subcontract, grant, subgrant, loan, loan guarantee, or other 
     payment for which--
       ``(A) the Federal Government provides any portion of the 
     funds or property that is provided, requested, or demanded; 
     or
       ``(B) any portion of the funds are appropriated or 
     otherwise made available under or to carry out a Coronavirus 
     pandemic-related program, project, or activity.
       ``(4) The term `employee'--
       ``(A) except as provided under subparagraph (B), means an 
     individual performing services on behalf of an employer, 
     including any individual working for an employer under a 
     grant or contract with such employer (including a contractor, 
     subcontractor, grantee, subgrantee, or agent of an employer); 
     and
       ``(B) does not include any Federal employee or member of 
     the uniformed services (as that term is defined in section 
     101(a)(5) of title 10).''; and
       (D) by inserting after paragraph (5), as redesignated by 
     subparagraph (B), the following new paragraphs:
       ``(6) The term `non-Federal employer'--
       ``(A) means any employer--
       ``(i) with respect to covered funds--

       ``(I) the contractor, subcontractor, grantee, subgrantee, 
     or recipient, as the case may be, if the contractor, 
     subcontractor, grantee, subgrantee, or recipient is an 
     employer; and
       ``(II) any professional membership organization, 
     certification or other professional body, any agent or 
     licensee of the Federal Government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving covered funds; or

       ``(ii) with respect to covered funds received by a State or 
     local government, the State or local government receiving the 
     funds and any contractor or subcontractor of the State or 
     local government; and
       ``(B) does not mean any department, agency, or other entity 
     of the Federal Government, except with respect to a personal 
     services contractor.
       ``(7) The term `protected individual' means--
       ``(A) a contractor, subcontractor, grantee, or subgrantee;
       ``(B) an employee, applicant or former employee of a 
     contractor, subcontractor, grantee, or subgrantee; or
       ``(C) a personal services contractor who engages in 
     activity for which any discrimination is prohibited under 
     subsection (a).
       ``(8) The term `State or local government' means--
       ``(A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, or any other territory or 
     possession of the United States; or
       ``(B) the government of any political subdivision of a 
     government listed in subparagraph (A).''.
       (c) Complaint Portal.--The Special Inspector General for 
     Pandemic Relief, the Pandemic Relief Accountability 
     Committee, and the Congressional Oversight Commission shall 
     each establish a public website where any individual who 
     believes that the individual has been subjected to a reprisal 
     prohibited under subsection (a) of section 2409 of title 10, 
     United States Code, or subsection (a) of section 4712 of 
     title 41, United States Code, as amended by subsections (a) 
     and (b), respectively, of this section, may submit a 
     complaint regarding the reprisal. Any complaint so submitted 
     shall be transmitted to the relevant Office of Inspector 
     General for enforcement in accordance with such sections, 
     including notice to the complainant of the referral and 
     relevant procedures.
                                 ______
                                 
  SA 3900. Mr. WARNOCK 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:

     SEC. 2831. CONSIDERATION OF PUBLIC EDUCATION WHEN MAKING 
                   BASING DECISIONS.

       (a) In General.--Section 2883 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283) is amended--
       (1) by redesignating subsections (e) through (j) as 
     subsections (f) through (k), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Education.--
       ``(1) In general.--With regard to a military housing area 
     in which an installation subject to a basing decision covered 
     by subsection (a) is or will be located, the Secretary of the 
     military department concerned shall take into account the 
     extent to which high-quality public education is available 
     and accessible to dependents of members of the Armed Forces 
     in the military housing area by comparing progress of 
     students served by relevant local educational agencies 
     described in paragraph (4) under the statewide accountability 
     system described in section 1111 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311) as compared 
     to the progress of all students in such State under such 
     system.''.
       ``(2) Publication of data.--The Secretary of the military 
     department concerned shall make the data used in carrying out 
     paragraph (1) available to the public in a manner that 
     ensures that States and communities can understand the 
     process for making decisions under such paragraph.
       ``(3) Consultation.--In carrying out paragraph (1) with 
     respect to an installation subject to a basing decision 
     covered by subsection (a), the Secretary of the military 
     department concerned shall consult with and seek input from 
     leadership and education liaisons for the installation and 
     State, local, and Tribal education agencies.
       ``(4) Relevant local educational agencies described.--
     Relevant local educational agencies described in this 
     paragraph include--
       ``(A) local educational agencies that serve dependents of 
     members of the Armed Forces in the State in which the 
     military housing area described in paragraph (1) is located; 
     and
       ``(B) local educational agencies in such State that serve 
     or would be likely to serve a significant number or 
     percentage of dependents of members of the Armed Forces in 
     the military housing area described in paragraph (1) as 
     determined by the Secretary of the military department 
     concerned, in consultation with the education liaisons for 
     the installation described in such paragraph.''.
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended by striking ``subsection (e)'' and inserting 
     ``subsection (f)''
                                 ______
                                 
  SA 3901. Mr. WARNOCK 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:


[[Page S7385]]


  

        At the appropriate place in title II, insert the 
     following:

     SEC. ___. ADVANCED BATTLE MANAGEMENT SYSTEM RESEARCH AND 
                   DEVELOPMENT.

       (a) Research and Development.--
       (1) In general.--The Secretary of the Air Force shall 
     continue research and development of the Advanced Battle 
     Management System.
       (2) Elements.--Research and development under paragraph (1) 
     shall include the following:
       (A) Identifying necessary associated aircraft, 
     technological platforms, and necessary associated units.
       (B) Identifying regional ecosystems with advantageous 
     supporting base structures and academic institutions that 
     would complement the central location.
       (C) Assessing the feasibility and advisability of 
     establishing an Advanced Battle Management System center of 
     excellence to be the processing, exploitation, and 
     dissemination hub of development for the system and 
     associated platforms and aircraft.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on the Advanced Battle Management System.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) A timeline defining the breadth of the Advanced Battle 
     Management System.
       (B) An assessment of the feasibility and advisability of 
     establishing of an Advanced Battle Management System center 
     of excellence as described in subsection (a)(2)(C).
                                 ______
                                 
  SA 3902. Mr. WARNOCK 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 AND EXTENSION OF AUTHORIZATION OF USE 
                   OF WORKING CAPITAL FUNDS FOR UNSPECIFIED MINOR 
                   MILITARY CONSTRUCTION PROJECTS RELATED TO 
                   REVITALIZATION AND RECAPITALIZATION OF DEFENSE 
                   INDUSTRIAL BASE FACILITIES.

       Section 2208(u) of title 10, United States Code, is 
     amended--
       (1) in paragraph (2)(B), by striking ``specified in 
     subsection (a)(2)'' and all that follows through the period 
     at the end and inserting ``shall be $20,000,000 instead of 
     any dollar limitation specified in section 2805 of this 
     title.''; and
       (2) by striking paragraph (4).
                                 ______
                                 
  SA 3903. Mr. WARNOCK 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:

        In division A, strike section 1601 and insert the 
     following:

     SEC. 1601. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.

       (a) In General.--The Secretary of Defense shall--
       (1) determine the overall workforce requirement of the 
     Department of Defense for cyber operation, information 
     operation, and software engineering military personnel 
     (across the active and reserve components of the Armed Forces 
     (other than the Coast Guard)) and civilian personnel, and in 
     doing so shall--
       (A) consider personnel in positions securing the Department 
     of Defense Information Network and associated enterprise 
     information technology, defense agencies and field 
     activities, and combatant commands, including current billets 
     primarily associated with the information environment and 
     cyberspace domain and projected future billets;
       (B) consider the mix between military and civilian 
     personnel, active and reserve components, and the use of the 
     National Guard;
       (C) develop a workforce development plan that covers 
     accessions, training, and education; and
       (D) consider such other elements as the Secretary 
     determines appropriate;
       (2) assess current and future general information warfare, 
     software, and cyber education curriculum and requirements for 
     military and civilian personnel, including--
       (A) acquisition personnel;
       (B) accessions and recruits to the military services;
       (C) cadets and midshipmen at the military service academies 
     and enrolled in the Senior Reserve Officers' Training Corps;
       (D) information environment, software engineering, and 
     cyberspace military and civilian personnel; and
       (E) non-information environment and cyberspace military and 
     civilian personnel;
       (3) identify appropriate locations for information warfare, 
     software engineering, and cyber education for military and 
     civilian personnel, including--
       (A) the military service academies;
       (B) the educational institutions described in section 
     2151(b) of title 10, United States Code;
       (C) the Air Force Institute of Technology;
       (D) the National Defense University;
       (E) the Joint Special Operations University;
       (F) any other military educational institution of the 
     Department specified by the Secretary for purposes of this 
     section;
       (G) the Cyber Centers of Academic Excellence certified 
     jointly by the National Security Agency and the Department of 
     Homeland Security;
       (H) potential future educational institutions of the 
     Federal Government, including an assessment, in consultation 
     with the Secretary of Homeland Security and the National 
     Cyber Director, of the feasibility and advisability of a 
     National Cyber Academy or similar institute created for the 
     purpose of educating and training civilian and military 
     personnel for service in cyber, information, and related 
     fields throughout the Federal Government; and
       (I) potential colleges, universities, and research 
     institutes located in proximity to key military installations 
     or with close ties to military installations who have 
     programs focused on information warfare, software 
     engineering, and cybersecurity;
       (4) identify pathways to workforce growth, including--
       (A) any current hiring practices or restrictions that 
     constrain workforce growth or retention;
       (B) areas where partnership with State and local 
     educational agencies focused on elementary or secondary 
     education can boost workforce in an area, especially in rural 
     schools and schools that receive funds under part A of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.);Me
       (C) incentive and policy options to bring qualified 
     individuals to the regions where the jobs are currently;
       (D) authorities and programs at the Department of Labor 
     that could be used to educate, retrain, or incentivize 
     individuals to pursue these fields of study; and
       (E) options for scholarships and internships to grow a 
     workforce pipeline; and
       (5) determine--
       (A) whether the cyberspace domain, software engineering, 
     and information warfare mission requires a graduate-level 
     professional military education college on par with and 
     distinct from the war colleges for the Army, Navy, and Air 
     Force in effect on the day before the date of the enactment 
     of this Act;
       (B) whether such a college should be joint; and
       (C) where it should be located.
       (b) Report Required.--Not later than November 1, 2022, the 
     Secretary shall provide the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a briefing and, not later than Jan 1, 
     2023, the Secretary shall submit to such committees a report 
     on--
       (1) the findings of the Secretary in carrying out 
     subsection (a);
       (2) an implementation plan to achieve future information 
     warfare and cyber education requirements at appropriate 
     locations;
       (3) such recommendations as the Secretary may have for 
     personnel needs in information warfare and the cyberspace 
     domain; and
       (4) such legislative or administrative action as the 
     Secretary identifies as necessary to effectively meet cyber 
     personnel requirements.
       (c) Education Defined.--The term ``education'' includes 
     formal education requirements, such as degrees and 
     certification in targeted subject areas, but also general 
     training, including--
       (1) reskilling;
       (2) knowledge, skills, and abilities; and
       (3) nonacademic professional development.
                                 ______
                                 
  SA 3904. Mr. WARNOCK (for himself, Mrs. Blackburn, and Mr. Moran) 
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 F of title V, add the following:

     SEC. 583. STUDY ON EMPLOYMENT OF MILITARY SPOUSES.

       (a) Study.--
       (1) In general.--The Secretary of Defense shall conduct a 
     study to identify employment barriers affecting military 
     spouses.
       (2) Elements.--The study conducted under paragraph (1) 
     shall determine the following:

[[Page S7386]]

       (A) The rate or prevalence of military spouses who are 
     currently employed and whether such military spouses have 
     children.
       (B) The rate or prevalence of military spouses who are 
     underemployed.
       (C) In connection with subparagraph (B), whether a military 
     spouse would have taken a different position of employment if 
     the military spouse were not impacted by the spouse who is a 
     member of the Armed Forces.
       (D) The rate or prevalence of military spouses who, due to 
     military affiliation, have experienced discrimination by 
     civilian employers, including loss of employment, denial of a 
     promotion, and difficulty in being hired.
       (E) Any other barriers of entry into the local workforce 
     for military spouses, including--
       (i) state licensure requirements;
       (ii) availability of childcare;
       (iii) access to broadband;
       (iv) job availability in military communities; and
       (v) access to housing.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this section, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     containing the results of the study conducted under this 
     section, including any policy recommendations to address 
     employment barriers identified by the study.
       (c) Definitions.--In this section:
       (1) Military spouse.--The term ``military spouse'' means 
     the spouse of a member of the Armed Forces serving on active 
     duty.
       (2) Congressional defense committees.--The term 
     ``congressional defense committees'' has the meaning given 
     that term in section 101(a)(16) of title 10, United States 
     Code.
                                 ______
                                 
  SA 3905. Mr. WARNOCK 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 VIII, add the following:

     SEC. 838. REQUIREMENT TO PROVIDE PHOTOVOLTAIC DEVICES FROM 
                   UNITED STATES SOURCES.

       (a) Contract Requirement.--The Secretary of Defense shall 
     ensure that each covered contract includes a provision 
     requiring that any photovoltaic device installed under the 
     contract be manufactured in the United States substantially 
     all from articles, materials, or supplies mined, produced, or 
     manufactured in the United States, unless the head of the 
     department or independent establishment concerned determines, 
     on a case-by-case basis, that the inclusion of such 
     requirement is inconsistent with the public interest or 
     involves unreasonable costs, subject to exceptions provided 
     in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) 
     or otherwise provided by law.
       (b) Definitions.--In this section:
       (1) Covered contract.--The term ``covered contract'' means 
     a contract awarded by the Department of Defense that provides 
     for a photovoltaic device to be--
       (A) installed inside the United States on Department of 
     Defense property or in a facility owned by the Department of 
     Defense; or
       (B) reserved for the exclusive or substantial use of the 
     Department of Defense in the United States.
       (2) Photovoltaic device.--The term ``photovoltaic device'' 
     means a device that converts light directly into electricity 
     through a solid-state, semiconductor process.
       (c) Applicability.--The requirements of this section shall 
     not apply to photovoltaic devices placed in service prior to 
     180 days after the date of the enactment of this Act.
                                 ______
                                 
  SA 3906. Mr. WARNOCK 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. REPORT ON INITIATIVES OF DEPARTMENT OF DEFENSE TO 
                   SOURCE LOCALLY AND REGIONALLY PRODUCED FOODS 
                   FOR INSTALLATIONS OF THE DEPARTMENT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report detailing--
       (1) efforts by the Department of Defense to establish and 
     strengthen ``farm to base'' initiatives to source locally and 
     regionally produced foods for consumption or distribution at 
     installations of the Department;
       (2) efforts by the Department to collaborate with relevant 
     Federal agencies, including the Department of Veterans 
     Affairs and the Department of Agriculture, in efforts to 
     procure locally and regionally produced foods;
       (3) current procurement practices of the Department of 
     Defense regarding food for consumption or distribution on 
     installations of the Department;
       (4) opportunities where procurement of locally and 
     regionally produced foods would be beneficial to members of 
     the Armed Forces, their families, military readiness by 
     improving health outcomes, and farmers near installations of 
     the Department;
       (5) barriers currently preventing the Department from 
     increasing procurement of locally and regionally produced 
     foods or preventing farmers from partnering with nearby 
     installations of the Department; and
       (6) recommendations for how the Department can improve 
     procurement practices to increase offerings of locally and 
     regionally produced foods.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Agriculture of the House of Representatives.
                                 ______
                                 
  SA 3907. Mr. WARNOCK (for himself and Mrs. Blackburn) 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 VIII, insert the 
     following:

     SEC. 857. REPORT ON EFFECTS OF SEMICONDUCTOR CHIP SHORTAGE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Commerce, shall submit to 
     the appropriate congressional committees a report on the 
     effects of the semiconductor chip shortage on the national 
     and economic security of the United States, including the 
     effects of the shortage on--
       (1) current defense acquisition programs; and
       (2) the ability of current and future defense acquisition 
     programs--
       (A) to use state-of the-art semiconductor capabilities; and
       (B) to incorporate state-of-the-art artificial intelligence 
     capabilities.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Energy and Commerce of the House of Representatives.
                                 ______
                                 
  SA 3908. Mr. WARNOCK (for himself and Mr. Boozman) 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. 10__. PRESERVATION OF MEMORIALS TO CHAPLAINS ON 
                   CHAPLAINS HILL AT ARLINGTON NATIONAL CEMETERY.

       (a) Updates to Memorials.--The National Conference on 
     Ministry to the Armed Forces, or any successor organization 
     recognized in law for purposes of this section, may, at no 
     cost to the Federal Government--
       (1)(A) update the memorial to Protestant chaplains located 
     in Arlington National Cemetery, Virginia, with a granite, 
     marble, or other stone base to host the bronze plaque of the 
     memorial;
       (B) add an additional plaque to such base that includes the 
     name of each chaplain, verified as described in subsection 
     (b), who died while on active duty since the original 
     memorial was placed; and
       (C) make such other updates and corrections to the memorial 
     as may from time to time be needed as determined by the 
     National Conference on Ministry to the Armed Forces or such 
     successor organization; and
       (2) make such updates and corrections to the memorial to 
     Catholic chaplains and the memorial to Jewish chaplains 
     located in Arlington National Cemetery as may from time

[[Page S7387]]

     to time be needed as determined by the National Conference on 
     Ministry to the Armed Forces or such successor organization.
       (b) Verification of Names.--The National Conference on 
     Ministry to the Armed Forces, or any successor organization 
     recognized in law for purposes of this section, may verify 
     with the Chief of Chaplains of the Army, the Chief of 
     Chaplains of the Navy, the Chief of Chaplains for the Air 
     Force and the Space Force, and such agencies of the 
     Department of Defense as the Secretary of the Army considers 
     appropriate, the names of chaplains for memorialization in 
     Arlington National Cemetery.
       (c) Rule of Construction.--Nothing in this section may be 
     construed as authorizing the expansion of any monument or 
     memorial that is located in Arlington National Cemetery as of 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 3909. Mr. WARNOCK (for himself 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 end of subtitle D of title III, add the following:

     SEC. 356. REPORT ON JOINT AND SHARED-USE CIVILIAN AIRPORTS 
                   AND USE OF FIREFIGHTING FOAM CONTAINING 
                   PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.

       Not later than March 1, 2022, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the following:
       (1) The coordination between the Department of Defense and 
     the Federal Aviation Administration regarding the joint and 
     shared-use civilian airports that depend on emergency 
     response services under the jurisdiction of the Department.
       (2) The progress of the Department and the Federal Aviation 
     Administration in establishing a formal consultation system 
     to coordinate the review process and final actions on 
     firefighting foam containing perfluoroalkyl or 
     polyfluoroalkyl substances with the operators of joint and 
     shared-use civilian airports.
       (3) The timeline for the Department to issue directives on 
     firefighting foam containing perfluoroalkyl or 
     polyfluoroalkyl substances.
                                 ______
                                 
  SA 3910. Mr. MORAN 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 VIII, add the following:

     SEC. 857. BRIEFING ON EXPANDED SMALL UNMANNED AIRCRAFT 
                   SYSTEMS CAPABILITY.

       The Secretary of Defense shall, not later than January 30, 
     2022, provide a briefing to the Committees on Armed Services 
     of the Senate and the House of Representatives on the 
     evaluation of commercially available small unmanned aircraft 
     systems (hereinafter referred to as ``sUAS'') with 
     capabilities that align with the Department's priorities, 
     including--
       (1) the timing of the release of the updated list titled 
     ``Blue sUAS 2.0'' of the Defense Innovation Unit that 
     contains available fixed wing and multirotor commercial small 
     unmanned aircraft systems compliant with section 848 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92); and
       (2) the advisability and feasibility of adding end-to-end 
     sUAS solutions to such list, including the sUAS, supporting 
     field management software, technical support, and training, 
     all provided as an integrated collection and analysis 
     capability.
                                 ______
                                 
  SA 3911. Mr. MORAN 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 subtitle G of title XII, add the following:

     SEC. 1283. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT 
                   THE ARMS TRADE TREATY.

       (a) Limitation.--
       (1) In general.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2022 for the Department of Defense may be 
     obligated or expended to sustain a domestic prosecution based 
     on any charge related to the Arms Trade Treaty, to make 
     assessed payments for the Treaty's Conference of States 
     Parties or to meet in any other way expenses sustained by the 
     Treaty Secretariat, to make voluntary contributions to any 
     international organization or foreign nation for any purpose 
     related to attendance at the Conference, or to implement the 
     Treaty until the Senate approves a resolution advising and 
     consenting to ratification of the Treaty and there is enacted 
     legislation implementing the Treaty.
       (2) Exceptions.--The limitation in paragraph (1) shall not 
     apply to a United States delegation attending the Treaty's 
     Conference of State Parties, subsidiary bodies, or 
     extraordinary meetings, or to the payment, to entities other 
     than the Treaty Secretariat, of an attendance fee towards the 
     cost of preparing and holding the Conference of State 
     Parties, or subsidiary body meeting as applicable.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to preclude the Department of Defense from 
     assisting foreign countries in bringing their laws, 
     regulations, and practices related to export control up to 
     United States standards.
                                 ______
                                 
  SA 3912. Mr. SCHUMER (for Ms. Ernst) proposed an amendment to the 
bill S. 1872, to award a Congressional Gold Medal, collectively, to the 
United States Army Rangers Veterans of World War II in recognition of 
their extraordinary service during World War II; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Army Rangers 
     Veterans of World War II Congressional Gold Medal Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Secretary'' means the Secretary of the 
     Treasury; and
       (2) the term ``United States Army Rangers Veteran of World 
     War II'' means any individual who--
       (A) served in the Armed Forces--
       (i) honorably;
       (ii) in an active duty status; and
       (iii) at any time during the period beginning on June 19, 
     1942, and ending on September 2, 1945; and
       (B) was assigned to a Ranger Battalion of the Army at any 
     time during the period described in subparagraph (A)(iii).

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) In World War II, the Army formed 6 Ranger Battalions 
     and 1 provisional battalion. All members of the Ranger 
     Battalions were volunteers. The initial concept of Ranger 
     units drew from the British method of using highly trained 
     ``commando'' units and the military tradition of the United 
     States of utilizing light infantry for scouting and raiding 
     operations.
       (2) The Ranger Battalions of World War II consisted of--
       (A) the 1st Ranger Infantry Battalion, which was activated 
     on June 19, 1942, in Northern Ireland;
       (B) the 2d Ranger Infantry Battalion, which was activated 
     on April 1, 1943, at Camp Forrest, Tennessee;
       (C) the 3d Ranger Infantry Battalion, which was--
       (i) activated as provisional on May 21, 1943, in North 
     Africa; and
       (ii) constituted on July 21, 1943, and concurrently 
     consolidated with the provisional unit described in clause 
     (i);
       (D) the 4th Ranger Infantry Battalion, which was--
       (i) activated as provisional on May 29, 1943, in North 
     Africa; and
       (ii) constituted on July 21, 1943, and concurrently 
     consolidated with the provisional unit described in clause 
     (i);
       (E) the 5th Ranger Infantry Battalion, which was activated 
     on September 1, 1943, at Camp Forrest, Tennessee;
       (F) the 6th Ranger Infantry Battalion, which was--
       (i) originally activated on January 20, 1941, at Fort 
     Lewis, Washington, as the 98th Field Artillery Battalion; and
       (ii) converted and redesignated on September 26, 1944, as 
     the 6th Ranger Infantry Battalion; and
       (G) the 29th Ranger Infantry Battalion, a provisional Army 
     National Guard unit that was--
       (i) activated on December 20, 1942, at Tidworth Barracks, 
     England; and
       (ii) disbanded on October 18, 1943.
       (3) The first combat operations of Army Rangers occurred on 
     August 19, 1942, when 50 Rangers took part in the British-
     Canadian raid on the French coastal town of Dieppe.
       (4) The 1st Ranger Battalion, under the leadership of Major 
     William O. Darby, was used in full strength during the 
     landings at Arsew, Algeria, during the North African 
     campaign. Due to the success of the Rangers in several 
     difficult battles, particularly at El Guettar in March and 
     April of 1943, 2 additional Ranger Battalions were organized 
     in North Africa.
       (5) During the North African campaign, the 1st Ranger 
     Battalion was awarded battle honors for its actions in 
     Tunisia. On March 20, 1943, the Battalion penetrated enemy

[[Page S7388]]

     lines and captured the position Djebel el Ank in a nighttime 
     attack, taking more than 200 prisoners. Two days later, the 
     battalion was attacked by the 10th Panzer division of the 
     German Afrika Korps and, despite heavy losses, continued to 
     defend its position. The following day, the 1st Battalion 
     counterattacked to clear high ground overlooking the 
     positions held by the Armed Forces. These actions 
     demonstrated the ability of the Rangers to fight in difficult 
     terrain and the courage to endure despite being outnumbered 
     and exposed to heavy enemy fire.
       (6) The 29th provisional Ranger Battalion was formed from 
     volunteers drawn from the 29th Infantry Division stationed in 
     England in the fall of 1942. The Battalion was activated on 
     December 20, 1942, and accompanied British commandos on 3 
     small-scale raids in Norway. Nineteen members of the 29th 
     Ranger Battalion conducted a raid on a German radar site in 
     France on the night of September 3, 1943. After that raid, 
     the 29th Ranger Battalion was disbanded because new Ranger 
     units, the 2d and 5th Battalions, were being formed.
       (7) During the summer and fall of 1943, the 1st, 3d, and 
     4th Ranger Battalions were heavily involved in the campaign 
     in Sicily and the landings in Italy. The 1st and 4th Ranger 
     Battalions conducted a night amphibious landing in Sicily and 
     secured the landing beaches for the main force. The 3d 
     Battalion landed separately at Licata, Sicily, and was able 
     to silence gun positions on an 82-foot cliff overlooking the 
     invasion beaches.
       (8) During the invasion of Italy, the 1st and 4th Ranger 
     Battalions landed at Maiori with the mission of seizing the 
     high ground and protecting the flank of the remainder of the 
     main landing by the United States. Enemy forces in the area 
     were estimated to outnumber the Rangers by approximately 8 to 
     1. Despite these odds, the Rangers took the position and held 
     off 7 enemy counterattacks.
       (9) After the invasion of Italy, Rangers continued to be 
     used, often in night attacks, to seize key terrain ahead of 
     the advancing Allied forces. At the Anzio beachhead, the 
     majority of the 1st, 3d, and 4th Ranger Battalions sustained 
     heavy casualties after being cut off behind German lines. The 
     Rangers had planned to infiltrate German positions under the 
     cover of darkness and make a dawn attack on a critical road 
     junction but were pinned down by enemy tanks and an elite 
     German paratrooper unit. After 12 hours of desperate fighting 
     and a failed relief attempt, the majority of the Ranger force 
     was killed, wounded, or captured. Only 6 Rangers from the 1st 
     and 3d Battalions, out of more than 767 men, returned to 
     friendly lines. The 4th Battalion, which had been in reserve, 
     also suffered 60 killed and 120 wounded out of 550 men. These 
     3 battalions were inactivated and the survivors were 
     transferred to other units.
       (10) In the United States, and later in Scotland, the 2d 
     and 5th Ranger Battalions were formed to undertake operations 
     in Western Europe. Those Battalions were engaged on D-Day, 
     assaulting German positions at the Pointe du Hoc coastal 
     battery, and remained in combat through September of 1944. 
     Specifically, Rangers in the 2d Battalion, under the command 
     of Lieutenant Colonel James E. Rudder--
       (A) overcame mines, machine gun fire, and enemy artillery 
     while scaling the 100-foot high cliffs at Pointe du Hoc;
       (B) held against intense German efforts to retake the 
     position; and
       (C) after reaching the top of the cliffs, moved inland 
     roughly 1 mile and sustained heavy casualties while searching 
     for, and ultimately destroying, a German heavy artillery 
     battery.
       (11) During June, July, and August of 1944, the 2d and 5th 
     Ranger Battalions were engaged in the campaign in Brest, 
     which included close-range fighting in hedgerows and numerous 
     villages. Later, in operations in Western Germany, the 
     Battalions were frequently used to attack in darkness and 
     gain vital positions to pave the way for the main Army 
     attacks.
       (12) During the final drive into Germany in late February 
     and early March 1945, the 5th Ranger Battalion was cited for 
     battle honors for outstanding performance. Under the cover of 
     darkness, the unit drove into German lines and blocked the 
     main German supply route in the sector. The Germans attacked 
     the position of the Rangers from both sides, resulting in 
     heavy Ranger casualties during 5 days of fighting. As a 
     result of the actions of the Rangers, the main Army attack 
     was able to overcome German defenses more easily, occupy the 
     vital city of Trier, and reach the Rhine River.
       (13) The 6th Ranger Battalion operated in the Pacific. In 
     the most notable exploit of the 6th Ranger Battalion, in 
     January and February of 1945, the Battalion formed the 
     nucleus of a rescue force that liberated more than 500 Allied 
     prisoners, including prisoners from the United States, from 
     the Cabanatuan prisoner of war camp in the Philippines. With 
     the help of local Filipino guerillas, the Rangers, led by 
     Lieutenant Colonel Henry A. Mucci, demonstrated extraordinary 
     heroism by infiltrating Japanese-held territory to reach the 
     prisoners of war and prevent them from being killed by the 
     Japanese. After a 25-mile march at night through the jungle, 
     the unit killed all Japanese sentries with no loss of life of 
     the prisoners of war. The unit successfully returned to 
     American lines having lost only 2 soldiers killed and having 
     another 2 wounded.
       (14) The 1st Ranger Infantry Battalion--
       (A) participated in the campaigns of--
       (i) Algeria-French Morocco (with arrowhead);
       (ii) Tunisia;
       (iii) Sicily (with arrowhead);
       (iv) Naples-Foggia (with arrowhead);
       (v) Anzio (with arrowhead); and
       (vi) Rome-Arno; and
       (B) for its contributions, received--
       (i) the Presidential Unit Citation (Army) and streamer 
     embroidered with ``EL GUETTAR''; and
       (ii) the Presidential Unit Citation (Army) and streamer 
     embroidered with ``SALERNO''.
       (15) The 2d Ranger Infantry Battalion--
       (A) participated in the campaigns of--
       (i) Normandy (with arrowhead);
       (ii) Northern France;
       (iii) Rhineland;
       (iv) Ardennes-Alsace; and
       (v) Central Europe; and
       (B) for its contributions, received--
       (i) the Presidential Unit Citation (Army) and streamer 
     embroidered with ``POINTE DU HOE''; and
       (ii) the French Croix de Guerre with Silver-Gilt Star, 
     World War II, and streamer embroidered with ``POINTE DU 
     HOE''.
       (16) The 3d Ranger Infantry Battalion--
       (A) participated in the campaigns of--
       (i) Sicily (with arrowhead);
       (ii) Naples-Foggia (with arrowhead);
       (iii) Anzio (with arrowhead); and
       (iv) Rome-Arno; and
       (B) for its contributions, received the Presidential Unit 
     Citation (Army) and streamer embroidered with ``SALERNO''.
       (17) The 4th Ranger Infantry Battalion--
       (A) participated in the campaigns of--
       (i) Sicily (with arrowhead);
       (ii) Naples-Foggia (with arrowhead);
       (iii) Anzio (with arrowhead); and
       (iv) Rome-Arno; and
       (B) for its contributions, received the Presidential Unit 
     Citation (Army) and streamer embroidered with ``SALERNO''.
       (18) The 5th Ranger Infantry Battalion--
       (A) participated in the campaigns of--
       (i) Normandy (with arrowhead);
       (ii) Northern France;
       (iii) Rhineland;
       (iv) Ardennes-Alsace; and
       (v) Central Europe; and
       (B) for its contributions, received--
       (i) the Presidential Unit Citation (Army) and streamer 
     embroidered with ``NORMANDY BEACHHEAD'';
       (ii) the Presidential Unit Citation (Army) and streamer 
     embroidered with ``SAAR RIVER AREA''; and
       (iii) the French Croix de Guerre with Silver-Gilt Star, 
     World War II, and streamer embroidered with ``NORMANDY''.
       (19) The 6th Ranger Infantry Battalion--
       (A) participated in the campaigns of--
       (i) New Guinea;
       (ii) Leyte (with arrowhead); and
       (iii) Luzon; and
       (B) for its contributions, received--
       (i) the Presidential Unit Citation (Army) and streamer 
     embroidered with ``CEBU, LUZON''; and
       (ii) the Philippine Presidential Unit Citation and streamer 
     embroidered with ``17 OCTOBER 1944 TO 4 JULY 1945''.
       (20) The United States will be forever indebted to the 
     United States Army Rangers Veterans of World War II, whose 
     bravery and sacrifice in combat contributed greatly to the 
     military success of the United States and the allies of the 
     United States.

     SEC. 4. CONGRESSIONAL GOLD MEDAL.

       (a) Award Authorized.--The President pro tempore of the 
     Senate and the Speaker of the House of Representatives shall 
     make appropriate arrangements for the award, on behalf of 
     Congress, of a single gold medal of appropriate design to the 
     United States Army Rangers Veterans of World War II, in 
     recognition of their dedicated service during World War II.
       (b) Design and Striking.--For the purposes of the award 
     described in subsection (a), the Secretary shall strike the 
     gold medal with suitable emblems, devices, and inscriptions, 
     to be determined by the Secretary.
       (c) Smithsonian Institution.--
       (1) In general.--Following the award of the gold medal in 
     honor of the United States Army Rangers Veterans of World War 
     II, the gold medal shall be given to the Smithsonian 
     Institution, where the medal shall be--
       (A) available for display, as appropriate; and
       (B) made available for research.
       (2) Sense of congress.--It is the sense of Congress that 
     the Smithsonian Institution should make the gold medal 
     received under paragraph (1) available for display elsewhere, 
     particularly at other locations associated with--
       (A) the United States Army Rangers Veterans of World War 
     II; or
       (B) World War II.
       (d) Duplicate Medals.--
       (1) In general.--The Secretary may strike and sell 
     duplicates in bronze of the gold medal struck under this 
     section, at a price sufficient to cover the cost of the 
     medals, including the cost of labor, materials, dies, use of 
     machinery, and overhead expenses.
       (2) Proceeds of sales.--The amounts received from the sale 
     of duplicate medals under paragraph (1) shall be deposited in 
     the United States Mint Public Enterprise Fund.
       (e) Authority to Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund such amounts as may be necessary to pay for the costs of 
     the medals struck under this Act.

[[Page S7389]]

  


     SEC. 5. STATUS OF MEDAL.

       (a) National Medal.--The gold medal struck under section 4 
     shall be a national medal for the purposes of chapter 51 of 
     title 31, United States Code.
       (b) Numismatic Items.--For the purposes of section 5134 of 
     title 31, United States Code, all medals struck under section 
     4 shall be considered to be numismatic items.
                                 ______
                                 
  SA 3913. Mr. CASEY 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 G of title X, add the following:

     SEC. 1064. NATIONAL CRITICAL CAPABILITIES REVIEWS.

       (a) In General.--The Trade Act of 1974 (19 U.S.C. 2101 et 
     seq.) is amended by adding at the end the following:

           ``TITLE X--NATIONAL CRITICAL CAPABILITIES REVIEWS

     ``SEC. 1001. DEFINITIONS.

       ``In this title:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Finance, the Committee on Armed 
     Services, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, the Committee on Health, Education, Labor, 
     and Pensions, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       ``(B) the Committee on Ways and Means, the Committee on 
     Armed Services, the Committee on Education and Labor, the 
     Committee on Financial Services, the Committee on Homeland 
     Security, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       ``(2) Committee.--The term `Committee' means the Committee 
     on National Critical Capabilities established under section 
     1002.
       ``(3) Control.--The term `control' means the power, direct 
     or indirect, whether exercised or not exercised, to 
     determine, direct, or decide important matters affecting an 
     entity, subject to regulations prescribed by the Committee.
       ``(4) Country of concern.--The term `country of concern'--
       ``(A) has the meaning given the term `foreign adversary' in 
     section 8(c)(2) of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and
       ``(B) may include a nonmarket economy country (as defined 
     in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
     1677(18))) identified by the Committee for purposes of this 
     paragraph by regulation.
       ``(5) Covered transaction.--
       ``(A) In general.--Except as otherwise provided, the term 
     `covered transaction' means any of the following 
     transactions, proposed or pending on or after the date of the 
     enactment of this title:
       ``(i) Any transaction by a United States business that--

       ``(I) shifts or relocates to a country of concern, or 
     transfers to an entity of concern, the design, development, 
     production, manufacture, fabrication, supply, servicing, 
     testing, management, operation, investment, ownership, or any 
     other essential elements involving one or more national 
     critical capabilities identified under subparagraph (B)(ii); 
     or
       ``(II) could result in an unacceptable risk to a national 
     critical capability.

       ``(ii) Any other transaction, transfer, agreement, or 
     arrangement, the structure of which is designed or intended 
     to evade or circumvent the application of this title, subject 
     to regulations prescribed by the Committee.
       ``(B) Regulations.--
       ``(i) In general.--The Committee shall prescribe 
     regulations further defining the term `covered transaction' 
     in accordance with subchapter II of chapter 5, and chapter 7, 
     of title 5, United States Code (commonly known as the 
     `Administrative Procedure Act').
       ``(ii) Identification of national critical capabilities.--
     For purposes of subparagraph (A)(I), the regulations 
     prescribed by the Committee under clause (i) shall--

       ``(I) identify the national critical capabilities subject 
     to that subparagraph based on criteria intended to limit 
     application of that subparagraph to the subset of national 
     critical capabilities that is likely to pose an unacceptable 
     risk to the national security and crisis preparedness of the 
     United States; and
       ``(II) enumerate, quantify, prioritize, and set forth 
     sufficient allowances of, specific types and examples of such 
     capabilities.

       ``(6) Crisis preparedness.--The term `crisis preparedness' 
     means preparedness for--
       ``(A) a public health emergency declared under section 319 
     of the Public Health Service Act (42 U.S.C. 247d); or
       ``(B) a major disaster declared under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170).
       ``(7) Critical infrastructure.--The term `critical 
     infrastructure' means systems and assets, whether physical or 
     virtual, so vital to the United States that the incapacity or 
     destruction of such systems and assets would have a 
     debilitating impact on national security, national economic 
     security, national public health or safety, or any 
     combination of those matters.
       ``(8) Entity of concern.--The term `entity of concern' 
     means an entity--
       ``(A) the ultimate parent entity of which is domiciled in a 
     country of concern; or
       ``(B) that is directly or indirectly controlled by, owned 
     by, or subject to the influence of a foreign person that has 
     a substantial nexus with a country of concern.
       ``(9) Foreign entity.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     the term `foreign entity' means any branch, partnership, 
     group or sub-group, association, estate, trust, corporation 
     or division of a corporation, or organization organized under 
     the laws of a foreign country if--
       ``(i) its principal place of business is outside the United 
     States; or
       ``(ii) its equity securities are primarily traded on one or 
     more foreign exchanges.
       ``(B) Exception.--The term `foreign entity' does not 
     include any entity described in subparagraph (A) that can 
     demonstrate that a majority of the equity interest in such 
     entity is ultimately owned by nationals of the United States.
       ``(10) Foreign person.--The term `foreign person' means--
       ``(A) any foreign national, foreign government, or foreign 
     entity;
       ``(B) any entity over which control is exercised or 
     exercisable by a foreign national, foreign government, or 
     foreign entity; or
       ``(C) any entity over which control is exercised or 
     exercisable by a person described in subparagraph (A) or (B).
       ``(11) National critical capabilities.--The term `national 
     critical capabilities', subject to regulations prescribed by 
     the Committee--
       ``(A) means systems and assets, whether physical or 
     virtual, so vital to the United States that the inability to 
     develop such systems and assets or the incapacity or 
     destruction of such systems or assets would have a 
     debilitating impact on national security or crisis 
     preparedness; and
       ``(B) includes the following:
       ``(i) The production, in sufficient quantities, of any of 
     the following articles:

       ``(I) Medical supplies, medicines, and personal protective 
     equipment.
       ``(II) Articles essential to the operation, manufacture, 
     supply, service, or maintenance of critical infrastructure.
       ``(III) Articles critical to infrastructure construction 
     after a natural or manmade disaster.
       ``(IV) Articles that are components of systems critical to 
     the operation of weapons systems, intelligence collection 
     systems, or items critical to the conduct of military or 
     intelligence operations.
       ``(V) Any other articles identified in regulations 
     prescribed under section 1007.

       ``(ii) Supply chains for the production of articles 
     described in clause (i).
       ``(iii) Essential supply chains for the Department of 
     Defense.
       ``(iv) Any other supply chains identified in regulations 
     prescribed under section 1007.
       ``(v) Services critical to the production of articles 
     described in clause (i) or a supply chain described in clause 
     (ii), (iii), or (iv).
       ``(vi) Medical services.
       ``(vii) Services critical to the maintenance of critical 
     infrastructure.
       ``(viii) Services critical to infrastructure construction 
     after a natural or manmade disaster.
       ``(ix) Any other services identified in regulations 
     prescribed under section 1007.
       ``(12) National security.--The term `national security' 
     includes--
       ``(A) national security, as defined in section 721(a) of 
     the Defense Production Act of 1950 (50 U.S.C. 4565(a));
       ``(B) national defense, as defined in section 702 of that 
     Act (50 U.S.C. 4552); and
       ``(C) agricultural security and natural resources security.
       ``(13) Party.--The term `party', with respect to a 
     transaction, has the meaning given that term in regulations 
     prescribed by the Committee.
       ``(14) United states.--The term `United States' means the 
     several States, the District of Columbia, and any territory 
     or possession of the United States.
       ``(15) United states business.--The term `United States 
     business' means a person engaged in interstate commerce in 
     the United States.

     ``SEC. 1002. COMMITTEE ON NATIONAL CRITICAL CAPABILITIES.

       ``(a) In General.--There is established a committee, to be 
     known as the `Committee on National Critical Capabilities', 
     which shall carry out this title and such other assignments 
     as the President may designate.
       ``(b) Membership.--
       ``(1) In general.--The Committee shall be comprised of the 
     head, or a designee of the head, of each of the following:
       ``(A) The Office of the United States Trade Representative.
       ``(B) The Department of Commerce.
       ``(C) The Office of Science and Technology Policy.
       ``(D) The Department of the Treasury.
       ``(E) The Department of Homeland Security.
       ``(F) The Department of Defense.
       ``(G) The Department of State.
       ``(H) The Department of Justice.
       ``(I) The Department of Energy.

[[Page S7390]]

       ``(J) The Department of Health and Human Services.
       ``(K) The Department of Agriculture.
       ``(L) The Department of Labor.
       ``(M) Any other Federal agency the President determines 
     appropriate, generally or on a case-by-case basis.
       ``(2) Ex officio members.--
       ``(A) In general.--In addition to the members of the 
     Committee specified in paragraph (1), the following shall, 
     except as provided in subparagraph (B), be nonvoting, ex 
     officio members of the Committee:
       ``(i) The Director of National Intelligence.
       ``(ii) The Administrator of the Federal Emergency 
     Management Agency.
       ``(iii) The Director of the National Institute of Standards 
     and Technology.
       ``(iv) The Director of the Centers for Disease Control and 
     Prevention.
       ``(v) The Director of the National Institute of Allergy and 
     Infectious Diseases.
       ``(vi) The Chairperson of the Federal Communications 
     Commission.
       ``(vii) The Chairperson of the Securities and Exchange 
     Commission.
       ``(viii) The Chairperson of the Commodity Futures Trading 
     Commission.
       ``(ix) The Administrator of the Federal Aviation 
     Administration.
       ``(B) Designation as voting members.--The chairperson of 
     the Committee may designate any of the officials specified in 
     clauses (ii) through (ix) of subparagraph (A) as voting 
     members of the Committee.
       ``(c) Chairperson.--
       ``(1) In general.--The United States Trade Representative 
     shall serve as the chairperson of the Committee.
       ``(2) Consultations with secretaries of defense and 
     commerce.--In carrying out the duties of the chairperson of 
     the Committee, the United States Trade Representative shall 
     consult with the Secretary of Defense and the Secretary of 
     Commerce.
       ``(d) Designation of Officials to Carry Out Duties Related 
     to Committee.--The head of each agency represented on the 
     Committee shall designate an official, at or equivalent to 
     the level of Assistant Secretary in the Department of the 
     Treasury, who is appointed by the President, by and with the 
     advice and consent of the Senate, to carry out such duties 
     related to the Committee as the head of the agency may 
     assign.

     ``SEC. 1003. REVIEW OF COVERED TRANSACTIONS.

       ``(a) Mandatory Notification.--A United States business 
     that engages in a covered transaction shall submit a written 
     notification of the transaction to the Committee.
       ``(b) Review.--
       ``(1) In general.--Not later than 60 days after receiving 
     written notification under subsection (a) of a covered 
     transaction, the Committee may--
       ``(A) review the transaction to determine if the 
     transaction is likely to result in an unacceptable risk to 
     one or more national critical capabilities, including by 
     considering factors specified in section 1005; and
       ``(B) if the Committee determines under subparagraph (A) 
     that the transaction poses a risk described in that 
     subparagraph, make recommendations--
       ``(i) to the President for appropriate action that may be 
     taken under this title or under other existing authorities to 
     address or mitigate that risk; and
       ``(ii) to Congress for the establishment or expansion of 
     Federal programs to support the production or supply of 
     articles and services described in section 1001(a)(11)(B) in 
     the United States.
       ``(2) Unilateral initiation of review.--The Committee may 
     initiate a review under paragraph (1) of a covered 
     transaction for which written notification is not submitted 
     under subsection (a).
       ``(3) Initiation of review by request from congress.--The 
     Committee shall initiate a review under paragraph (1) of a 
     covered transaction if the chairperson and the ranking member 
     of one of the appropriate congressional committees jointly 
     request the Committee to review the transaction.
       ``(c) Treatment of Business Confidential Information.--A 
     United States business shall submit each notification 
     required by subsection (a) to the Committee--
       ``(1) in a form that includes business confidential 
     information; and
       ``(2) in a form that omits business confidential 
     information and is appropriate for disclosure to the public.

     ``SEC. 1004. ACTION BY THE PRESIDENT.

       ``(a) In General.--Subject to subsection (d), the President 
     may take such action for such time as the President considers 
     appropriate to address or mitigate any unacceptable risk 
     posed by a covered transaction to one or more national 
     critical capabilities, including suspending or prohibiting 
     the covered transaction.
       ``(b) Announcement by the President.--The President shall 
     announce the decision on whether or not to take action 
     pursuant to subsection (a) with respect to a covered 
     transaction not later than 15 days after the date on which 
     the review of the transaction under section 1003 is 
     completed.
       ``(c) Enforcement.--The President may direct the Attorney 
     General of the United States to seek appropriate relief, 
     including divestment relief, in the district courts of the 
     United States, in order to implement and enforce this 
     section.
       ``(d) Findings of the President.--The President may 
     exercise the authority conferred by subsection (a) to suspend 
     or prohibit a covered transaction only if the President finds 
     that--
       ``(1) there is credible evidence that leads the President 
     to believe that the transaction poses an unacceptable risk to 
     one or more national critical capabilities; and
       ``(2) provisions of law (other than this section) do not, 
     in the judgment of the President, provide adequate and 
     appropriate authority for the President to protect such 
     capabilities.
       ``(e) Factors To Be Considered.--For purposes of 
     determining whether to take action under subsection (a), the 
     President shall consider, among other factors, each of the 
     factors described in section 1005, as appropriate.

     ``SEC. 1005. FACTORS TO BE CONSIDERED.

       ``The Committee, in reviewing and making a determination 
     with respect to a covered transaction under section 1003, and 
     the President, in determining whether to take action under 
     section 1004 with respect to a covered transaction, shall 
     consider any factors relating to national critical 
     capabilities that the Committee or the President considers 
     relevant, including--
       ``(1) the long-term strategic economic, national security, 
     and crisis preparedness interests of the United States;
       ``(2) the history of distortive or predatory trade 
     practices in each country in which a foreign person that is a 
     party to the transaction is domiciled;
       ``(3) control and beneficial ownership (as determined in 
     accordance with section 847 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
     U.S.C. 2509 note)) of each foreign person that is a party to 
     the transaction; and
       ``(4) impact on the domestic industry and resulting 
     resiliency, including the domestic skills base, taking into 
     consideration any pattern of foreign investment in the 
     domestic industry.

     ``SEC. 1006. SUPPLY CHAIN SENSITIVITIES.

       ``The Committee shall determine the sensitivities and risks 
     for sourcing of articles described in section 
     1001(a)(11)(B)(i), in accordance with the following:
       ``(1) The sourcing of least concern shall be articles the 
     supply chains for which are housed in whole within countries 
     that are allies of the United States.
       ``(2) The sourcing of greater concern shall be articles the 
     supply chains for which are housed in part within countries 
     of concern or from an entity of concern but for which 
     substitute production is available from elsewhere at required 
     scale.
       ``(3) The sourcing of greatest concern shall be articles 
     the supply chains for which are housed wholly or in part in 
     countries of concern or from an entity of concern and for 
     which substitute production is unavailable elsewhere at 
     required scale.

     ``SEC. 1007. IDENTIFICATION OF ADDITIONAL NATIONAL CRITICAL 
                   CAPABILITIES.

       ``(a) In General.--The Committee should prescribe 
     regulations to identify additional articles, supply chains, 
     and services to recommend for inclusion in the definition of 
     `national critical capabilities' under section 1001(a)(11).
       ``(b) Review of Industries.--
       ``(1) In general.--In identifying under subsection (a) 
     additional articles, supply chains, and services to recommend 
     for inclusion in the definition of `national critical 
     capabilities' under section 1001(a)(11), the Committee should 
     conduct a review of industries identified by Federal 
     Emergency Management Agency as carrying out emergency support 
     functions, including the following industries:
       ``(A) Energy.
       ``(B) Medical.
       ``(C) Communications, including electronic and 
     communications components.
       ``(D) Defense.
       ``(E) Transportation.
       ``(F) Aerospace, including space launch.
       ``(G) Robotics.
       ``(H) Artificial intelligence.
       ``(I) Semiconductors.
       ``(J) Shipbuilding.
       ``(K) Water, including water purification.
       ``(2) Quantification.--In conducting a review of industries 
     under paragraph (1), the Committee should specify the 
     quantity of articles, supply chains, and services, and 
     specific types and examples of transactions, from each 
     industry sufficient to maintain national critical 
     capabilities.

     ``SEC. 1008. REPORTING REQUIREMENTS.

       ``(a) Annual Report to Congress.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, and annually thereafter, the Committee 
     shall submit to the appropriate congressional committees a 
     report--
       ``(A) on the determination under section 1006 with respect 
     to sensitivities and risks for sourcing of articles described 
     in section 1001(a)(11)(B)(i);
       ``(B) assessing whether identification of additional 
     national critical capabilities under section 1007 is 
     necessary; and
       ``(C) describing, for the year preceding submission of the 
     report--
       ``(i) the notifications received under subsection (a) of 
     section 1003 and reviews conducted pursuant to such 
     notifications;
       ``(ii) reviews initiated under paragraph (2) or (3) of 
     subsection (b) of that section;
       ``(iii) actions recommended by the Committee under 
     subsection (b)(1)(B) of that section as a result of such 
     reviews; and
       ``(iv) reviews during which the Committee determined no 
     action was required; and
       ``(D) assessing the overall impact of such reviews on 
     national critical capabilities.
       ``(2) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.

[[Page S7391]]

       ``(b) Use of Defense Production Act of 1950 Authorities.--
     Not later than 180 days after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2022, 
     the Committee shall submit to Congress a report that includes 
     recommendations relating to use the authorities under title 
     III of the Defense Production Act of 1950 (50 U.S.C. 4531 et 
     seq.) to make investments to enhance national critical 
     capabilities and reduce dependency on materials and services 
     imported from foreign countries.

     ``SEC. 1009. REQUIREMENT FOR REGULATIONS.

       ``(a) In General.--The Committee shall prescribe 
     regulations to carry out this title.
       ``(b) Elements.--Regulations prescribed to carry out this 
     title shall--
       ``(1) provide for the imposition of civil penalties for any 
     violation of this title, including any mitigation agreement 
     entered into, conditions imposed, or order issued pursuant to 
     this title; and
       ``(2) include specific examples of the types of--
       ``(A) the transactions that will be considered to be 
     covered transactions; and
       ``(B) the articles, supply chains, and services that will 
     be considered to be national critical capabilities.
       ``(c) Coordination.--In prescribing regulations to carry 
     out this title, the Committee shall coordinate with the 
     United States Trade Representative, the Under Secretary of 
     Commerce for Industry and Security, and the Committee on 
     Foreign Investment in the United States to avoid duplication 
     of effort.

     ``SEC. 1010. REQUIREMENTS RELATED TO GOVERNMENT PROCUREMENT.

       ``(a) In General.--Not later than 90 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, the Federal Acquisition Regulation shall be 
     revised to require each person that is a prospective 
     contractor for an executive agency to disclose the supply 
     chains the person would use to carry out the contract and the 
     extent to which the person would depend on articles and 
     services imported from foreign countries, including the 
     percentage of such materials and services imported from 
     countries of concern.
       ``(b) Materiality.--The head of an executive agency shall 
     consider the failure of a person to make the disclosures 
     required by subsection (a) to be material determinants in 
     awarding a contract to that person.
       ``(c) Applicability.--The revisions to the Federal 
     Acquisition Regulation required under subsection (a) shall 
     apply with respect to contracts for which solicitations are 
     issued on or after the date that is 90 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022.
       ``(d) Definitions.--In this section:
       ``(1) Executive agency.--The term `executive agency' has 
     the meaning given that term in section 133 of title 41, 
     United States Code.
       ``(2) Federal acquisition regulation.--The term `Federal 
     Acquisition Regulation' means the regulation issued pursuant 
     to section 1303(a)(1) of title 41, United States Code.

     ``SEC. 1011. MULTILATERAL ENGAGEMENT AND COORDINATION.

       ``The United States Trade Representative--
       ``(1) should, in coordination and consultation with 
     relevant Federal agencies, conduct multilateral engagement 
     with the governments of countries that are allies of the 
     United States to secure coordination of protocols and 
     procedures with respect to covered transactions with 
     countries of concern; and
       ``(2) upon adoption of protocols and procedures described 
     in paragraph (1), shall work with those governments to 
     establish information sharing regimes.

     ``SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this title, including to provide 
     outreach to industry and persons affected by this title.

     ``SEC. 1013. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND 
                   FAIR COMMERCE.

       ``Nothing in this title may be construed as prohibiting or 
     limiting the free and fair flow of commerce outside of the 
     United States that does not pose an unacceptable risk to a 
     national critical capability.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by adding at the end the 
     following:

           ``TITLE X--NATIONAL CRITICAL CAPABILITIES REVIEWS

``Sec. 1001. Definitions.
``Sec. 1002. Committee on National Critical Capabilities.
``Sec. 1003. Review of covered transactions.
``Sec. 1004. Action by the President.
``Sec. 1005. Factors to be considered.
``Sec. 1006. Supply chain sensitivities.
``Sec. 1007. Identification of additional national critical 
              capabilities.
``Sec. 1008. Reporting requirements.
``Sec. 1009. Requirement for regulations.
``Sec. 1010. Requirements related to government procurement.
``Sec. 1011. Multilateral engagement and coordination.
``Sec. 1012. Authorization of appropriations.
``Sec. 1013. Rule of construction with respect to free and fair 
              commerce.''.

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