[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7469-S7520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3941. Mr. GRAHAM submitted an amendment intended to be proposed by 
him 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 XXVII, add the following:

     SEC. 2703. PROHIBITION ON CLOSING OR REALIGNMENT OF MARINE 
                   CORPS RECRUIT DEPOT LOCATED AT PARRIS ISLAND, 
                   SOUTH CAROLINA.

       (a) Findings.--Congress finds the following:
       (1) The Marine Corps Recruit Depot located at Parris 
     Island, South Carolina (in this subsection referred to as 
     ``Parris Island''), has served the United States as a home to 
     the Marine Corps since 1891.
       (2) Parris Island was the first facility to integrate women 
     in boot camp training for the Marine Corps in the United 
     States.
       (3) Female recruits have trained at Parris Island since 
     1949.
       (4) The first integrated company of male and female 
     recruits graduated from Parris Island in 2019.
       (5) Parris Island has cultivated a legacy of excellence and 
     faithful service to the United States.
       (6) Parris Island is and shall remain the physical home of 
     the Eastern Recruiting Region for the Marine Corps.
       (b) Prohibition.--No Federal funds may be used to close or 
     realign Marine Corps Recruit Depot, Parris Island, South 
     Carolina, or to conduct any planning or other activity 
     related to such closure or realignment.
                                 ______
                                 
  SA 3942. Mr. GRAHAM (for himself, Mr. Tuberville, Mr. Leahy, Mr. 
Scott of South Carolina, Ms. Baldwin, Mr. Wyden, Mr. Young, Mr. Thune, 
and Mr. Johnson) 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 145.
                                 ______
                                 
  SA 3943. Mr. HEINRICH (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him 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 IX, add the following:

     SEC. 906. CHIEF DIGITAL RECRUITING OFFICER.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     designate a chief digital recruiting officer within the 
     office of the Under Secretary of Defense for Personnel and 
     Readiness to carry out the responsibilities set forth in 
     subsection (b).
       (b) Responsibilities.--The chief digital recruiting officer 
     shall be responsible for--
       (1) identifying Department of Defense needs for, and skills 
     gaps in, specific types of civilian digital talent;
       (2) recruiting individuals with the skills that meet the 
     needs and skills gaps identified under paragraph (1), in 
     partnership with the military departments and the components 
     of the Department of Defense, including by attending 
     conferences and career fairs and actively recruiting on 
     university campuses and from the private sector;
       (3) ensuring Federal scholarship for service programs are 
     incorporated into civilian recruiting strategies;
       (4) when appropriate and within authority granted under 
     other Federal law, offering recruitment and referral bonuses; 
     and
       (5) partnering with human resource teams in the military 
     departments and the components of the Department of Defense 
     to help train all Department of Defense human resources staff 
     on the available hiring flexibilities to accelerate the 
     hiring of individuals with the skills that fill the needs and 
     skills gaps identified under paragraph (1).
       (c) Resources.--The Secretary of Defense shall ensure that 
     the chief digital recruiting officer is provided with 
     personnel and resources sufficient to carry out the duties 
     set forth in subsection (b).
       (d) Role of Chief Human Capital Officer.--
       (1) In general.--The chief digital recruiting officer shall 
     report directly to the Chief Human Capital Officer of the 
     Department of Defense.
       (2) Incorporation.--The Chief Human Capital Officer shall 
     ensure that the chief digital recruiting officer is 
     incorporated into the human capital operating plan and 
     recruitment strategy of the Department of Defense. In 
     carrying out this paragraph, the Chief Human Capital Officer 
     shall ensure that the chief digital recruiting officer's 
     responsibilities are deconflicted with any other recruitment 
     initiatives and programs.
       (e) Digital Talent Defined.--In this section, the term 
     ``digital talent'' includes positions and capabilities in, or 
     related to--
       (1) software development, engineering, and product 
     management;
       (2) data science;
       (3) artificial intelligence;
       (4) distributed ledger technologies;
       (5) autonomy;
       (6) data management;
       (7) product and user experience design; and
       (8) cybersecurity.
                                 ______
                                 
  SA 3944. Mr. INHOFE 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 511.

                                 ______
                                 
  SA 3945. 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 CONTINUING SUPPORT FOR ESTONIA, 
                   LATVIA, AND LITHUANIA.

       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 United States should continue to prioritize support 
     for efforts by the Baltic states of Estonia, Latvia, and 
     Lithuania to build and invest in critical security areas, as 
     such efforts are important to achieving United States 
     national security objectives, including deterring Russian 
     aggression and bolstering the security of North Atlantic 
     Treaty Organization allies;
       (2) robust support to accomplish United States strategic 
     objectives, including by providing assistance to the Baltic 
     countries through security cooperation referred to as the 
     Baltic Security Initiative pursuant to sections 332 and 333 
     of title 10, United States Code, should be prioritized in the 
     years to come;
       (3) Estonia, Latvia, and Lithuania play a crucial role in 
     strategic efforts--
       (A) to deter the Russian Federation; and
       (B) to maintain the collective security of the North 
     Atlantic Treaty Organization alliance;
       (4) the United States should continue to pursue efforts 
     consistent with the comprehensive, multilateral assessment of 
     the military requirements of Estonia, Latvia, and Lithuania 
     provided to Congress in December 2020;
       (5) the Baltic security cooperation roadmap has proven to 
     be a successful model to enhance intraregional Baltic 
     planning and cooperation, particularly with respect to 
     longer-term regional capability projects, including--
       (A) integrated air defense;
       (B) maritime domain awareness;
       (C) command, control, communications, computers, 
     intelligence, surveillance, and reconnaissance; and
       (D) Special Operations Forces development;
       (6) Estonia, Latvia, and Lithuania are to be commended for 
     their efforts to pursue joint procurement of select defense 
     capabilities and should explore additional areas for joint 
     collaboration; and

[[Page S7470]]

       (7) the Department of Defense should--
       (A) continue robust, comprehensive investment in Baltic 
     security efforts consistent with the assessment described in 
     paragraph (4);
       (B) continue efforts to enhance interoperability among 
     Estonia, Latvia, and Lithuania and in support of North 
     Atlantic Treaty Organization efforts;
       (C) encourage infrastructure and other host-country support 
     improvements that will enhance United States and allied 
     military mobility across the region;
       (D) invest in efforts to improve resilience to hybrid 
     threats and cyber defenses in Estonia, Latvia, and Lithuania; 
     and
       (E) support planning and budgeting efforts of Estonia, 
     Latvia, and Lithuania that are regionally synchronized.
                                 ______
                                 
  SA 3946. Mr. CARDIN (for himself and Ms. Hirono) 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. __. REAUTHORIZATION OF SBIR AND STTR PROGRAMS.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended by striking ``September 30, 2022'' 
     and inserting ``September 30, 2023''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``2022'' and 
     inserting ``2023''.
                                 ______
                                 
  SA 3947. Mr. SCOTT of South Carolina (for himself and Mr. Blumenthal) 
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__. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON 
                   USE OF ALTERNATIVE CREDIT SCORING INFORMATION 
                   OR CREDIT SCORING MODELS.

       (a) Pilot Program Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall commence carrying out a pilot program that will assess 
     the feasibility and advisability of--
       (A) using alternative credit scoring information or credit 
     scoring models using alternative credit scoring methodology 
     for an individual described in paragraph (2)--
       (i) to improve the determination of creditworthiness of 
     such an individual; and
       (ii) to increase the number of such individuals who are 
     able to obtain a loan guaranteed or insured under chapter 37 
     of title 38, United States Code; and
       (B) in consultation with such entities as the Secretary 
     considers appropriate, establishing criteria for acceptable 
     commercially available credit scoring models to be used by 
     lenders for the purpose of guaranteeing or insuring a loan 
     under chapter 37 of title 38, United State Code.
       (2) Individual described.--An individual described in this 
     paragraph is a veteran or a member of the Armed Forces who--
       (A) is eligible for a loan under chapter 37 of title 38, 
     United States Code; and
       (B) has an insufficient credit history for a lender or the 
     Secretary to determine the creditworthiness of the 
     individual.
       (3) Alternative credit scoring information.--Alternative 
     credit scoring information described in paragraph (1)(A) may 
     include proof of rent, utility, and insurance payment 
     histories, and such other information as the Secretary 
     considers appropriate.
       (b) Voluntary Participation.--
       (1) In general.--The Secretary shall ensure that any 
     participation in the pilot program is voluntary on an opt-in 
     basis for a lender, a borrower, and an individual described 
     in subsection (a)(2).
       (2) Notice of participation.--Subject to paragraph (3), any 
     lender who participates in the pilot program shall--
       (A) notify each individual described in subsection (a)(2) 
     who, during the pilot program, applies for a loan under 
     chapter 37 of title 38, United States Code, from such lender, 
     of the lender's participation in the pilot program; and
       (B) offer such individual the opportunity to participate in 
     the pilot program.
       (3) Limitation.--
       (A) In general.--The Secretary may establish a limitation 
     on the number of individuals and lenders that may participate 
     in the pilot program.
       (B) Report.--If the Secretary limits participation in the 
     pilot program under subparagraph (A), the Secretary shall, 
     not later than 15 days after establishing such limitation, 
     submit to Congress a report setting forth the reasons for 
     establishing such limitation.
       (c) Approval of Credit Scoring Models.--
       (1) In general.--A lender participating in the pilot 
     program may not use a credit scoring model under subsection 
     (a)(1)(A) until the Secretary has reviewed and approved such 
     credit scoring model for purposes of the pilot program.
       (2) Publication of criteria.--The Secretary shall publish 
     in the Federal Register any criteria established under 
     subsection (a)(1)(B) for acceptable commercially available 
     credit scoring models that use alternative credit scoring 
     information described in subsection (a)(1)(A) to be used for 
     purposes of the pilot program.
       (3) Considerations; approval of certain models.--In 
     selecting credit scoring models to approve under this 
     section, the Secretary shall --
       (A) consider the criteria for credit score assessments 
     under section 1254.7 of title 12, Code of Federal 
     Regulations; and
       (B) approve any commercially available credit scoring model 
     that has been approved pursuant to section 302(b)(7) of the 
     Federal National Mortgage Association Charter Act (12 U.S.C. 
     1717(b)(7)) or section 305(d) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1454)(d)).
       (d) Outreach.--To the extent practicable, the Secretary 
     shall conduct outreach to lenders and individuals described 
     in subsection (a)(2) to inform such persons of the pilot 
     program.
       (e) Report.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the pilot program.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) The findings of the Secretary with respect to the 
     feasibility and advisability of using alternative credit 
     scoring information or credit scoring models using 
     alternative credit scoring methodology for individuals 
     described in subsection (a)(2).
       (B) A description of the efforts of the Secretary to assess 
     the feasibility and advisability of using alternative credit 
     scoring information or credit scoring models as described in 
     subparagraph (A).
       (C) To the extent practicable, the following:
       (i) The rate of participation in the pilot program.
       (ii) An assessment of whether participants in the pilot 
     program benefitted from such participation.
       (D) An assessment of the effect of the pilot program on the 
     subsidy rate for loans guaranteed or insured by the Secretary 
     under chapter 37 of title 38, United States Code.
       (E) Such other information as the Secretary considers 
     appropriate.
       (f) Termination.--
       (1) In general.--The Secretary shall complete the pilot 
     program required by subsection (a)(1) not later than 
     September 30, 2025.
       (2) Effect on loans and applications.--The termination of 
     the pilot program under paragraph (1) shall not affect a loan 
     guaranteed, or for which loan applications have been received 
     by a participating lender, on or before the date of the 
     completion of the pilot program.
       (g) Insufficient Credit History Defined.--In this section, 
     the term ``insufficient credit history'', with respect to an 
     individual described in subsection (a)(2), means that the 
     individual does not have a credit record with one of the 
     national credit reporting agencies or such credit record 
     contains insufficient credit information to assess 
     creditworthiness.
                                 ______
                                 
  SA 3948. Mr. PORTMAN 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. 576. MILITARY TRAINING ON EMERGING TECHNOLOGIES.

       (a) Integrating Digital Skill Sets and Computational 
     Thinking Into Military Junior Leader Education.--Not later 
     than 270 days after the date of the enactment of this Act, 
     the Chief of Staff of the Army, the Chief of Naval 
     Operations, the Chief of Staff of the Air Force, and the 
     Commandant of the Marine Corps shall expand the curriculum 
     for military junior leader education to incorporate 
     appropriate training material related to problem definition 
     and curation, a conceptual understanding of the artificial 
     intelligence lifecycle, data collection and management, 
     probabilistic reasoning and data visualization, and data-
     informed decisionmaking. Whenever possible, the new training 
     and education should include the use of existing artificial 
     intelligence-enabled systems and tools.
       (b) Integration of Material on Emerging Technologies Into 
     Professional Military

[[Page S7471]]

     Education.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Joint Chiefs of Staff, shall ensure 
     that the curriculum for professional military education is 
     revised in each of the military services to incorporate 
     periodic courses on militarily significant emerging 
     technologies that increasingly build the knowledge base, 
     vocabulary, and skills necessary to intelligently analyze and 
     utilize emerging technologies in the tactical, operational, 
     and strategic levels of warfighting and warfighting support.
       (c) Emerging Technology-coded Billets Within the Department 
     of Defense.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     ensure that the military services--
       (A) code appropriate billets to be filled by emerging 
     technology-qualified officers; and
       (B) develop a process for officers to become qualified in 
     emerging technologies.
       (2) Appropriate positions.--Emerging technology-coded 
     positions may include, as appropriate--
       (A) positions responsible for assisting with acquisition of 
     emerging technologies;
       (B) positions responsible for helping integrate technology 
     into field units;
       (C) positions responsible for developing organizational and 
     operational concepts;
       (D) positions responsible for developing training and 
     education plans; and
       (E) leadership positions at the operational and tactical 
     levels within the military services.
       (3) Qualification process.--The process for qualifying 
     officers for emerging technology-coded billets shall be 
     modeled on a streamlined version of the joint qualification 
     process and may include credit for serving in emerging 
     technology focused fellowships, emerging technology focused 
     talent exchanges, emerging technology focused positions 
     within government, and educational courses focused on 
     emerging technologies.
                                 ______
                                 
  SA 3949. Mr. PORTMAN 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. __. SUPPORT FOR INDUSTRY PARTICIPATION IN INTERNATIONAL 
                   STANDARDS ORGANIZATIONS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
       (3) Covered entity.--The term ``covered entity'' means a 
     small business concern that is incorporated and maintains a 
     primary place of business in the United States.
       (4) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator shall establish a 
     program to support participation by covered entities in 
     meetings and proceedings of standards development 
     organizations in the development of voluntary technical 
     standards.
       (c) Activities.--In carrying out the program established 
     under subsection (b), the Administrator shall award 
     competitive, merit-reviewed grants to covered entities to 
     cover the reasonable costs, up to a specified ceiling, of 
     participation of employees of those covered entities in 
     meetings and proceedings of standards development 
     organizations, including--
       (1) regularly attending meetings;
       (2) contributing expertise and research;
       (3) proposing new work items; and
       (4) volunteering for leadership roles such as a convener or 
     editor.
       (d) Award Criteria.--The Administrator may only provide a 
     grant under this section to a covered entity that--
       (1) demonstrates deep technical expertise in key emerging 
     technologies and technical standards, including artificial 
     intelligence and related technologies;
       (2) commits personnel with such expertise to regular 
     participation in international bodies responsible for 
     developing standards for such technologies over the period of 
     the grant; and
       (3) agrees to participate in efforts to coordinate between 
     the Federal Government and industry to ensure protection of 
     national security interests in the setting of international 
     standards.
       (e) No Matching Contribution.--A recipient of an award 
     under this section shall not be required to provide a 
     matching contribution.
       (f) Evaluation.--In making awards under this section, the 
     Administrator shall coordinate with the Director of the 
     National Institute of Standards and Technology, who shall 
     provide support in the assessment of technical expertise in 
     emerging technologies and standards setting needs.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 2022 and each fiscal year 
     thereafter $1,000,000 to carry out the program established 
     under this section.
                                 ______
                                 
  SA 3950. Mr. WICKER (for himself, Mr. Warnock, Ms. Duckworth, Mr. 
Toomey, Mrs. Capito, Mr. Scott of South Carolina, Mr. Casey, and Mr. 
Booker) 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 of division A, add the 
     following:

     SEC. 10__. WILLIAM T. COLEMAN, JR., FEDERAL BUILDING 
                   DESIGNATION.

       (a) In General.--The headquarters building of the 
     Department of Transportation located at 1200 New Jersey 
     Avenue, SE, in Washington, DC, shall be known and designated 
     as the ``William T. Coleman, Jr., Federal Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``William T. Coleman, Jr., Federal 
     Building''.
                                 ______
                                 
  SA 3951. 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:

       Strike section 853 and insert the following:

     SEC. 853. DETERMINATION WITH RESPECT TO OPTICAL FIBER FOR 
                   DEPARTMENT OF DEFENSE PURPOSES.

       (a) Determination.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     review access, metro, and long-haul passive optical fiber and 
     optical fiber cable that is manufactured or produced by an 
     entity owned or controlled by the People's Republic of China 
     for potential inclusion on the list of covered communications 
     equipment pursuant to section 2 of the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1601).
       (2) Applicability.--If the Secretary of Defense makes a 
     determination that any such optical fiber or optical fiber 
     cable would pose an unacceptable risk to the national 
     security of the United States or the security and safety of 
     United States persons and should be included on the list, any 
     such inclusion shall apply to such optical fiber or optical 
     fiber cable deployed after such determination.
       (b) Notification Requirement.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall notify the congressional defense committees of 
     the findings of the review and determination required under 
     subsection (a).
       (c) Definitions.--In this section:
       (1) The term ``access'' means optical fiber and optical 
     fiber cable that connects subscribers (residential and 
     business) and radio sites to a service provider.
       (2) The term ``long haul'' means optical fiber and optical 
     fiber cable that connects cities and metropolitan areas.
       (3) The term ``metro'' means optical fiber and optical 
     fiber cable that connects city business districts and central 
     city and suburban areas.
       (4) The term ``passive'' means unpowered optical fiber and 
     optical fiber cable.
                                 ______
                                 
  SA 3952. 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:

     SEC. __. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN 
                   FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.

       (a) Prohibition on Agency Operation or Procurement.--Except 
     as provided in subsection (b) and subsection (c)(3), the 
     Secretary of Defense and the Secretary of Homeland Security 
     may not operate, provide financial assistance for, or enter 
     into or renew a contract for the procurement of--

[[Page S7472]]

       (1) an unmanned aircraft system (referred to in this 
     section as ``UAS'') that--
       (A) is manufactured in a covered foreign country or by a 
     corporation domiciled in a covered foreign country;
       (B) uses flight controllers, radios, data transmission 
     devices, cameras, or gimbals manufactured in a covered 
     foreign country or by a corporation domiciled in a covered 
     foreign country;
       (C) uses a ground control system or operating software 
     developed in a covered foreign country or by a corporation 
     domiciled in a covered foreign country; or
       (D) uses network connectivity or data storage located in a 
     covered foreign country or administered by a corporation 
     domiciled in a covered foreign country;
       (2) a software operating system associated with a UAS that 
     uses network connectivity or data storage located in a 
     covered foreign country or administered by a corporation 
     domiciled in a covered foreign country; or
       (3) a system for the detection or identification of a UAS, 
     which system is manufactured in a covered foreign country or 
     by a corporation domiciled in a covered foreign country.
       (b) Waiver.--
       (1) In general.--The Secretary of Defense or the Secretary 
     of Homeland Security may waive the prohibition under 
     subsection (a) if the Secretary submits a written 
     certification described in paragraph (2) to--
       (A) in the case of the Secretary of Defense, the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives; and
       (B) in the case of the Secretary of Homeland Security, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
       (2) Contents.--A certification described in this paragraph 
     shall certify that a UAS, a software operating system 
     associated with a UAS, or a system for the detection or 
     identification of a UAS described in any of subparagraphs (A) 
     through (C) of subsection (a)(1) that is the subject of a 
     waiver under paragraph (1) is required--
       (A) in the national interest of the United States;
       (B) for counter-UAS surrogate research, testing, 
     development, evaluation, or training; or
       (C) for intelligence, electronic warfare, or information 
     warfare operations, testing, analysis, and or training.
       (3) Notice.--The certification described in paragraph (1) 
     shall be submitted to the Committees specified in such 
     paragraph by not later than the date that is 14 days after 
     the date on which a waiver is issued under such paragraph.
       (c) Effective Dates.--
       (1) In general.--This Act shall take effect on the date 
     that is 120 days after the date of the enactment of this Act.
       (2) Waiver process.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Homeland Security shall each establish a 
     process by which the head of an office or component of the 
     Department of Defense or Department of Homeland Security, 
     respectively, may request a waiver under subsection (b).
       (3) Exception.--Notwithstanding the prohibition under 
     subsection (a), the head of an office or component of the 
     Department of Defense or Department of Homeland Security may 
     continue to operate a UAS, a software operating system 
     associated with a UAS, or a system for the detection or 
     identification of a UAS described in any of subparagraphs (1) 
     through (3) of subsection (a) that was in the inventory of 
     such office or component on the day before the effective date 
     of this Act until, the later of--
       (A) the date on which the Secretary of Defense or Secretary 
     of Homeland Security, as the case may be
       (i) grants a waiver relating thereto under subsection (b); 
     or
       (ii) declines to grant such a waiver, or
       (B) 1 year after the date of the enactment of this Act.
       (d) Drone Origin Security Report to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of Homeland Security shall each submit to the 
     congressional committees described in paragraph (2) a 
     terrorism threat assessment and report that contains 
     information relating to the following:
       (A) The extent to which the Department of Defense or 
     Department of Homeland Security, as the case may be, has 
     previously analyzed the threat that a UAS, a software 
     operating system associated with a UAS, or a system for the 
     detection or identification of a UAS from a covered foreign 
     country operating in the United States poses, and the results 
     of such analysis.
       (B) The number of UAS, software operating systems 
     associated with a UAS, or systems for the detection or 
     identification of a UAS from a covered foreign country in 
     operation by the Department of Defense or Department of 
     Homeland Security, as the case may be, including an 
     identification of the component or office of the Department 
     at issue, as of such date.
       (C) The extent to which information gathered by such a UAS, 
     a software operating system associated with a UAS, or a 
     system for the detection or identification of a UAS from a 
     covered foreign country could be employed to harm the 
     national or economic security of the United States.
       (2) Committees described.--The congressional committees 
     described in this paragraph are--
       (A) in the case of the Secretary of Defense, the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives; and
       (B) in the case of the Secretary of Homeland Security, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
       (e) Definitions.--In this section:
       (1) Covered foreign country.--The term ``covered foreign 
     country'' means a country that--
       (A) the intelligence community has identified as a foreign 
     adversary in its most recent Annual Threat Assessment; or
       (B) the Secretary of Homeland Security, in coordination 
     with the Director of National Intelligence, has identified as 
     a foreign adversary that is not included in such Annual 
     Threat Assessment.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (3) Unmanned aircraft system; uas.--The terms ``unmanned 
     aircraft system'' and ``UAS'' have the meaning given the term 
     ``unmanned aircraft system'' in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 44802 note).
                                 ______
                                 
  SA 3953. 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 G of title X, add the following:

     SEC. 1064. PROHIBITION ON THE USE OF THE DIGITAL YUAN.

       (a) Definitions.--In this section--
       (1) the term ``digital yuan'' means the digital currency of 
     the People's Bank of China, or any successor digital currency 
     of the People's Republic of China;
       (2) the term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code; and
       (3) the term ``information technology'' has the meaning 
     given that term in section 11101 of title 40, United States 
     Code.
       (b) Prohibition on the Use of Digital Yuan.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     of General Services, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the Director of National 
     Intelligence, and the Secretary of Defense, and consistent 
     with the information security requirements under subchapter 
     II of chapter 35 of title 44, United States Code, shall 
     develop standards and guidelines for executive agencies 
     requiring the removal of any digital yuan from information 
     technology.
       (2) National security and research exceptions.--The 
     standards and guidelines developed under paragraph (1) shall 
     include--
       (A) exceptions for law enforcement activities, national 
     security interests and activities, and security researchers; 
     and
       (B) for any authorized use of digital yuan under an 
     exception, requirements for agencies to develop and document 
     risk mitigation actions for such use.
                                 ______
                                 
  SA 3954. Mrs. BLACKBURN (for herself and Mr. Lujan) 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. ____. STUDY ON NATIONAL LABORATORY CONSORTIUM FOR CYBER 
                   RESILIENCE.

       (a) Study Required.--The Secretary of Homeland Security 
     shall, in coordination with the Secretary of Energy and the 
     Secretary of Defense, conduct a study to analyze the 
     feasibility of authorizing a consortia within the National 
     Laboratory system to address information technology and 
     operational technology cybersecurity vulnerabilities in 
     critical infrastructure (as defined in section 1016(e) of the 
     Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
     5195c(e)).
       (b) Elements.--The study required under subsection (a) 
     shall include the following:
       (1) An analysis of any additional authorities needed to 
     establish a research and development program to leverage the 
     expertise at

[[Page S7473]]

     the Department of Energy National Laboratories to accelerate 
     development and delivery of advanced tools and techniques to 
     defend critical infrastructure against cyber intrusions and 
     enable resilient operations during a cyber attack.
       (2) Evaluation of potential pilot programs in research, 
     innovation transfer, academic partnerships, and industry 
     partnerships for critical infrastructure protection research.
       (3) Identification of and assessment of near-term actions, 
     and cost estimates, necessary for the proposed consortia to 
     be established and effective at a broad scale expeditiously.
       (c) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate committees of Congress a 
     report on the findings of the Secretary with respect to the 
     study conducted under subsection (a).
       (2) Form.--The report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) Committee on Armed Services, the Committee Energy and 
     Natural Resources, and the Committee on Homeland Security and 
     Government Affairs of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Energy and Commerce, and the Committee on Homeland Security 
     of the House of Representatives.
                                 ______
                                 
  SA 3955. 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 XXXI, add the following:

     SEC. 3157. LIMITATION ON USE OF FUNDS FOR NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION FACILITY-DIRECTED 
                   RESEARCH AND DEVELOPMENT.

       (a) In General.--Subtitle B of title XLVIII of the Atomic 
     Energy Defense Act (50 U.S.C. 2791 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 4815. LIMITATION ON USE OF FUNDS FOR NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION FACILITY-DIRECTED 
                   RESEARCH AND DEVELOPMENT.

       ``(a) Authorization.--The Administrator may authorize the 
     director of each covered nuclear weapons production facility 
     to allocate not more than 5 percent of amounts made available 
     to the facility for a fiscal year pursuant to a DOE national 
     security authorization (as defined in section 4701) to engage 
     in research, development, and demonstration activities in 
     order to maintain and enhance the engineering and 
     manufacturing capabilities at the facility.
       ``(b) Definition.--In this section, the term `covered 
     nuclear weapons production facility' means the following:
       ``(1) The Kansas City National Security Campus, Kansas 
     City, Missouri, as well as related satellite locations.
       ``(2) The Y-12 National Security Complex, Oak Ridge, 
     Tennessee.
       ``(3) The Pantex Plant, Amarillo, Texas.
       ``(4) The Savannah River Site, Aiken, South Carolina.''.
       (b) Clerical Amendment.--The table of contents for the 
     Atomic Energy Defense Act is amended by inserting after the 
     item relating to section 4814 the following new item:

``Sec. 4815. Limitation on use of funds for National Nuclear Security 
              Administration facility-directed research and 
              development.''.
                                 ______
                                 
  SA 3956. Mr. BENNET (for himself 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:

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

     SEC. __. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD 
                   PROGRAM.

       The Secretary of Defense shall continue to support the 
     FireGuard program with National Guard personnel to aggregate, 
     analyze, and assess multi-source remote sensing information 
     for interagency partnerships in the initial detection and 
     monitoring of wildfires until September 30, 2026. After such 
     date, the Secretary may not reduce such support, or transfer 
     responsibility for such support to an interagency partner, 
     until 30 days after the date on which the Secretary submits 
     to the Committees on Armed Services of the Senate and House 
     of Representatives written notice of such proposed change, 
     and reasons for such change.
                                 ______
                                 
  SA 3957. Mr. CARPER (for himself, Mr. Merkley, and Ms. Duckworth) 
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 XI, add the following:

                          Subtitle B--PLUM Act

     SEC. 1121. SHORT TITLE.

       This subtitle may be cited as the ``Periodically Listing 
     Updates to Management Act'' or the ``PLUM Act''.

     SEC. 1122. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT 
                   POLICY AND SUPPORTING POSITIONS.

       (a) Establishment.--
       (1) In general.--Subchapter I of chapter 33 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3330f. Government policy and supporting position data

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means--
       ``(A) any Executive agency, the United States Postal 
     Service, and the Postal Regulatory Commission;
       ``(B) the Architect of the Capitol, the Government 
     Accountability Office, the Government Publishing Office, and 
     the Library of Congress; and
       ``(C) the Executive Office of the President and any 
     component within such Office (including any successor 
     component), including--
       ``(i) the Council of Economic Advisors;
       ``(ii) the Council on Environmental Quality;
       ``(iii) the National Security Council;
       ``(iv) the Office of the Vice President;
       ``(v) the Office of Policy Development;
       ``(vi) the Office of Administration;
       ``(vii) the Office of Management and Budget;
       ``(viii) the Office of the United States Trade 
     Representative;
       ``(ix) the Office of Science and Technology Policy;
       ``(x) the Office of National Drug Control Policy; and
       ``(xi) the White House Office, including the White House 
     Office of Presidential Personnel.
       ``(2) Appointee.--The term `appointee'--
       ``(A) means an individual serving in a policy and 
     supporting position; and
       ``(B) includes an individual serving in such a position 
     temporarily in an acting capacity in accordance with--
       ``(i) sections 3345 through 3349d (commonly referred to as 
     the `Federal Vacancies Reform Act of 1998');
       ``(ii) any other statutory provision described in section 
     3347(a)(1); or
       ``(iii) a Presidential appointment described in section 
     3347(a)(2).
       ``(3) Covered website.--The term `covered website' means 
     the website established and maintained by the Director under 
     subsection (b).
       ``(4) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(5) Policy and supporting position.--The term `policy and 
     supporting position' means--
       ``(A) a position that requires appointment by the 
     President, by and with the advice and consent of the Senate;
       ``(B) a position that requires or permits appointment by 
     the President or Vice President, without the advice and 
     consent of the Senate;
       ``(C) a position occupied by a limited term appointee, 
     limited emergency appointee, or noncareer appointee in the 
     Senior Executive Service, as defined under paragraphs (5), 
     (6), and (7), respectively, of section 3132(a);
       ``(D) a position of a confidential or policy-determining 
     character under schedule C of subpart C of part 213 of title 
     5, Code of Federal Regulations, or any successor regulation;
       ``(E) a position in the Senior Foreign Service;
       ``(F) any career position at an agency that, but for this 
     section and section 1122(b)(3) of the PLUM Act, would be 
     included in the publication entitled `United States 
     Government Policy and Supporting Positions', commonly 
     referred to as the `Plum Book'; and
       ``(G) any other position classified at or above level GS-14 
     of the General Schedule (or equivalent) that is excepted from 
     the competitive service by law because of the confidential or 
     policy-determining nature of the position duties.
       ``(b) Establishment of Website.--Not later than 1 year 
     after the date of enactment of the PLUM Act, the Director 
     shall establish, and thereafter maintain, a public website 
     containing the following information for the President then 
     in office and for each subsequent President:
       ``(1) Each policy and supporting position in the Federal 
     Government, including any such position that is vacant.

[[Page S7474]]

       ``(2) The name of each individual who--
       ``(A) is serving in a position described in paragraph (1); 
     or
       ``(B) previously served in a position described in such 
     paragraph under the applicable President.
       ``(3) Information on--
       ``(A) any Government-wide or agency-wide limitation on the 
     total number of positions in the Senior Executive Service 
     under section 3133 or 3132 or the total number of positions 
     under schedule C of subpart C of part 213 of title 5, Code of 
     Federal Regulations; and
       ``(B) the total number of individuals occupying such 
     positions.
       ``(c) Contents.--With respect to any policy and supporting 
     position listed on the covered website, the Director shall 
     include--
       ``(1) the agency, and agency component, (including the 
     agency and bureau code used by the Office of Management and 
     Budget) in which the position is located;
       ``(2) the name of the position;
       ``(3) the name of the individual occupying such position 
     (if any);
       ``(4) the geographic location of the position, including 
     the city, State or province, and country;
       ``(5) the pay system under which the position is paid;
       ``(6) the level, grade, or rate of pay;
       ``(7) the term or duration of the appointment (if any);
       ``(8) the expiration date, in the case of a time-limited 
     appointment;
       ``(9) a unique identifier for each appointee to enable 
     tracking such appointee across positions;
       ``(10) whether the position is vacant; and
       ``(11) for any position that is vacant--
       ``(A) for a position for which appointment is required to 
     be made by the President by and with the advice and consent 
     of the Senate, the name of the acting official; and
       ``(B) for other positions, the name of the official 
     performing the duties of the vacant position.
       ``(d) Current Data.--For each agency, the Director shall 
     indicate in the information on the covered website the date 
     that the agency last updated the data.
       ``(e) Format.--The Director shall make the data on the 
     covered website available to the public at no cost over the 
     internet in a searchable, sortable, downloadable, and 
     machine-readable format so that the data qualifies as an open 
     Government data asset, as defined in section 3502 of title 
     44.
       ``(f) Authority of Director.--
       ``(1) Information required.--Each agency shall provide to 
     the Director any information that the Director determines 
     necessary to establish and maintain the covered website, 
     including the information uploaded under paragraph (4).
       ``(2) Requirements for agencies.--Not later than 1 year 
     after the date of enactment of the PLUM Act, the Director 
     shall issue instructions to agencies with specific 
     requirements for the provision or uploading of information 
     required under paragraph (1), including--
       ``(A) specific data standards that an agency shall follow 
     to ensure that the information is complete, accurate, and 
     reliable;
       ``(B) data quality assurance methods; and
       ``(C) the timeframe during which an agency shall provide or 
     upload the information, including the timeframe described 
     under paragraph (4).
       ``(3) Public accountability.--The Director shall identify 
     on the covered website any agency that has failed to 
     provide--
       ``(A) the information required by the Director;
       ``(B) complete, accurate, and reliable information; or
       ``(C) the information during the timeframe specified by the 
     Director.
       ``(4) Monthly updates.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the covered website is established, and not less than 
     once during each 30-day period thereafter, the head of each 
     agency shall upload to the covered website updated 
     information (if any) on--
       ``(i) the policy and supporting positions in the agency;
       ``(ii) the appointees occupying such positions in the 
     agency; and
       ``(iii) the former appointees who served in such positions 
     in the agency under the President then in office.
       ``(B) Supplement not supplant.--Information provided under 
     subparagraph (A) shall supplement, not supplant, previously 
     provided information under such subparagraph.
       ``(5) OPM help desk.--The Director shall establish a 
     central help desk, to be operated by not more than 1 full-
     time employee, to assist any agency with implementing this 
     section.
       ``(6) Coordination.--The Director may designate 1 or more 
     agencies to participate in the development, establishment, 
     operation, and support of the covered website. With respect 
     to any such designation, the Director may specify the scope 
     of the responsibilities of the agency so designated.
       ``(7) Data standards and timing.--The Director shall make 
     available on the covered website information regarding on 
     data collection standards, quality assurance methods, and 
     time frames for reporting data to the Director.
       ``(8) Regulations.--The Director may prescribe regulations 
     necessary for the administration of this section.
       ``(g) Responsibility of Agencies.--
       ``(1) Provision of information.--Each agency shall comply 
     with the instructions and guidance issued by the Director to 
     carry out this section, and, upon request of the Director, 
     shall provide appropriate assistance to the Director to 
     ensure the successful operation of the covered website in the 
     manner and within the timeframe specified by the Director 
     under subsection (f)(2).
       ``(2) Ensuring completeness, accuracy, and reliability.--
     With respect to any submission of information described in 
     paragraph (1), the head of an agency shall include--
       ``(A) an explanation of how the agency ensured the 
     information is complete, accurate, and reliable; and
       ``(B) a certification that such information is complete, 
     accurate, and reliable.
       ``(h) Information Verification.--
       ``(1) Semiannual confirmation.--
       ``(A) In general.--Not less frequently than semiannually, 
     the Director, in coordination with the White House Office of 
     Presidential Personnel, shall confirm that the information on 
     the covered website is complete, accurate, reliable, and up-
     to-date.
       ``(B) Certification.--On the date on which the Director 
     makes a confirmation under subparagraph (A), the Director 
     shall publish on the covered website a certification that the 
     confirmation has been made.
       ``(2) Authority of director.--In carrying out paragraph 
     (1), the Director may--
       ``(A) request additional information from an agency; and
       ``(B) use any additional information provided to the 
     Director or the White House Office of Presidential Personnel 
     for the purposes of verification.
       ``(3) Public comment.--The Director shall establish a 
     process under which members of the public may provide 
     feedback regarding the accuracy of the information on the 
     covered website.
       ``(i) Data Archiving.--
       ``(1) In general.--As soon as practicable after a 
     transitional inauguration day (as defined in section 3349a), 
     the Director, in consultation with the Archivist of the 
     United States, shall archive the data that was compiled on 
     the covered website for the preceding presidential 
     administration.
       ``(2) Public availability.--The Director shall make the 
     data described in paragraph (1) publicly available over the 
     internet--
       ``(A) on, or through a link on, the covered website;
       ``(B) at no cost; and
       ``(C) in a searchable, sortable, downloadable, and machine-
     readable format.
       ``(j) Reports.--
       ``(1) In general.--Not later than 1 year after the covered 
     website is established, and every year thereafter, the 
     Director, in coordination with the White House Office of 
     Presidential Personnel, shall publish a report on the covered 
     website that--
       ``(A) contains summary level information on the 
     demographics of each appointee;
       ``(B) provide the information in a structured data format 
     that--
       ``(i) is searchable, sortable, and downloadable;
       ``(ii) makes use of common identifiers wherever possible; 
     and
       ``(iii) contains current and historical data regarding such 
     information.
       ``(2) Contents.--
       ``(A) In general.--Each report published under paragraph 
     (1) shall--
       ``(i) include self-identified data with respect to each 
     type of appointee on race, ethnicity, tribal affiliation, 
     gender, disability, sexual orientation, veteran status, and 
     whether the appointee is over the age of 40; and
       ``(ii) allow for users of the covered website to view the 
     type of appointee by agency or component, along with the data 
     described in clause (i), alone and in combination, to the 
     greatest level detail possible without allowing the 
     identification of individual appointees.
       ``(B) Option to not specify.--When collecting each category 
     of data described in subparagraph (A)(i), each appointee 
     shall be allowed an option to not specify with respect to any 
     such category.
       ``(C) Consultation.--The Director shall consult with the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Reform of the 
     House of Representatives regarding reports published under 
     this subsection and the information in such reports to 
     determine whether the intent of this section is being 
     fulfilled and if additional information or other changes are 
     needed for such reports.
       ``(3) Exclusion of career positions.--For purposes of 
     applying the term `appointee' in this subsection, such term 
     does not include any individual appointed to a position 
     described in subsection (a)(5)(F).''.
       (2) Clerical amendment.--The table of sections for 
     subchapter I of chapter 33 of title 5, United States Code, is 
     amended by adding at the end the following:

``3330f. Government policy and supporting position data.''.
       (b) Other Matters.--
       (1) Definitions.--In this subsection, the terms ``agency'', 
     ``covered website'', ``Director'', and ``policy and 
     supporting position'' have the meanings given those terms in 
     section 3330f(b) of title 5, United States Code, as added by 
     subsection (a).
       (2) GAO review and report.--Not later than 1 year after the 
     date on which the Director establishes the covered website, 
     the Comptroller General shall conduct a review,

[[Page S7475]]

     and issue a briefing or report, on the implementation of this 
     subtitle and the amendments made by this subtitle, which 
     shall include--
       (A) the quality of data required to be collected and 
     whether the data is complete, accurate, timely, and reliable;
       (B) any challenges experienced by agencies in implementing 
     this subtitle and the amendments made by this subtitle; and
       (C) any suggestions or modifications to enhance compliance 
     with this subtitle and the amendments made by this subtitle, 
     including best practices for agencies to follow.
       (3) Sunset of plum book.--Beginning on January 1, 2024--
       (A) the covered website shall serve as the public directory 
     for policy and supporting positions in the Government; and
       (B) the publication entitled ``United States Government 
     Policy and Supporting Positions'', commonly referred to as 
     the ``Plum Book'', shall no longer be issued or published.
                                 ______
                                 
  SA 3958. Mr. PORTMAN (for himself and Mrs. Shaheen) 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 XV, insert the 
     following:

     SEC. ___. REPORT ON UKRAINIAN CAPABILITIES TO COUNTER AIR 
                   BASED THREATS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     and the Secretary of State shall jointly submit to the 
     appropriate committees of Congress a report on the 
     capabilities of Ukraine to counter air based threats.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) An assessment of the risk to the armed forces of 
     Ukraine posed by aerial threats, including current threats 
     from weaponized unmanned aerial vehicles and missile and 
     rocket attacks.
       (2) Current defensive capabilities of Ukraine to counter 
     the threats described in paragraph (1) and assessed gaps in 
     capabilities to address such threats.
       (3) Current efforts to build the defensive capabilities of 
     Ukraine, an assessment of potential options for additional 
     United States security assistance to address shortfalls 
     identified in subparagraph (2), and any considerations with 
     regard to absorption capacity, maintenance, and sustainment.
       (c) 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 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 3959. 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 end of subtitle C of title VII, add the following:

     SEC. 744. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS 
                   OF THE ARMED FORCES SERVING ON ACTIVE DUTY.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the incidence of breast cancer among members of the Armed 
     Forces serving on active duty.
       (b) Elements.--The study under subsection (a) shall include 
     the following:
       (1) A determination of the number of members of the Armed 
     Forces who served on active duty at any time during the 
     period beginning on January 1, 2011, and ending on the date 
     of the enactment of this Act who were diagnosed with breast 
     cancer during such period.
       (2) A determination of demographic information regarding 
     such members, including race, ethnicity, sex, age, military 
     occupational specialty, and rank.
       (3) A comparison of the rates of members of the Armed 
     Forces serving on active duty who have breast cancer to 
     civilian populations with comparable demographic 
     characteristics.
       (4) An identification of potential factors associated with 
     service in the Armed Forces that could increase the risk of 
     breast cancer for members of the Armed Forces serving on 
     active duty.
       (5) An identification of overseas locations associated with 
     airborne hazards, such as burn pits, and members of the Armed 
     Forces diagnosed with breast cancer.
       (6) An assessment of the effectiveness of outreach by the 
     Department of Defense to members of the Armed Forces to 
     identify risks of, prevent, detect, and treat breast cancer.
       (7) An assessment of the feasibility and advisability of 
     changing the current mammography screening policy of the 
     Department to incorporate all members of the Armed Forces who 
     deployed overseas to an area associated with airborne 
     hazards, such as burn pits.
       (8) An assessment of the feasibility and advisability of 
     conducting digital breast tomosynthesis at facilities of the 
     Department that provide mammography services.
       (9) Such recommendations as the Secretary may have for 
     changes to policy or law that could improve the prevention, 
     early detection, awareness, and treatment of breast cancer 
     among members of the Armed Forces serving on active duty, 
     including any additional resources needed.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the findings and 
     recommendations of the study under subsection (a), including 
     a description of any further unique military research needed 
     with respect to breast cancer.
                                 ______
                                 
  SA 3960. Mr. BOOZMAN (for himself and Mr. Cotton) 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 COLD WAR CENTER.

       (a) Findings.-- Congress makes the following findings:
       (1) The BAFB Cold War Museum, Inc., a nonprofit corporation 
     under section 501(c)(3) of the Internal Revenue Code of 1986, 
     is responsible for the finances and management of the 
     National Cold War Museum at Blytheville/Eaker Air Force Base 
     in Blytheville, Arkansas.
       (2) The National Cold War Center, located on the 
     Blytheville/Eaker Air Force Base, will be recognized as a 
     major tourist attraction in Arkansas that will provide an 
     immersive and authoritative experience in informing, 
     interpreting, and honoring the legacy of the Cold War.
       (3) The Blytheville/Eaker Air Force Base has the only 
     intact, publicly accessible Alert Facility and Weapons 
     Storage Facility in the United States.
       (4) There is an urgent need to preserve the stories, 
     artifacts, and heroic achievements of the Cold War.
       (5) The United States has a need to preserve forever the 
     knowledge and history of the United Stats' achievements in 
     the Cold War century and to portray that history to citizens, 
     visitors, and school children for centuries to come.
       (6) The National Cold War Center seeks to educate a diverse 
     group of audiences through its collection of artifacts, 
     photographs, and firsthand personal accounts of the 
     participants in the war on the home front.
       (b) Purposes.--The purposes of this section are--
       (1) to authorize references to the museum located at 
     Blytheville/Eaker Air Force Base in Blytheville, Arkansas, 
     including its future and expanded exhibits, collections, and 
     educational programs, as the ``National Cold War Center'';
       (2) to ensure the continuing preservation, maintenance, and 
     interpretation of the artifacts, documents, images, and 
     history collected by the Center;
       (3) to enhance the knowledge of the American people of the 
     experience of the United States during the Cold War years;
       (4) to provide and support a facility for the public 
     display of the artifacts, photographs, and personal histories 
     of the Cold War years; and
       (5) to ensure that all future generations understand the 
     sacrifices made to preserve freedom and democracy, and the 
     benefits of peace for all future generations in the 21st 
     century and beyond.
       (c) Reference to America's Cold War Center.--The museum 
     located at Blytheville/Eaker Air Force Base in Blytheville, 
     Arkansas, is hereby authorized to be referred to as the 
     ``National Cold War Center''.
                                 ______
                                 
  SA 3961. 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 end of subtitle G of title X, add the following:

[[Page S7476]]

  


     SEC. 1064. MODIFICATION OF DEPARTMENT OF DEFENSE THRESHOLD 
                   FOR THE DISINTERMENT OF UNIDENTIFIED REMAINS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall amend section 
     4.1a.(1) of Department of Defense Instruction (DoDI) 1300.29, 
     dated June 28, 2021, or any successor regulation, to provide 
     that the threshold for disinterring commingled remains 
     interred as group remains unknown is individual 
     identification of 50 percent of the service members 
     associated with the group.
                                 ______
                                 
  SA 3962. Mr. ROMNEY (for himself, Mr. Kaine, Mr. Young, and Mr. 
Markey) 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. DIPLOMATIC BOYCOTT OF THE XXIV OLYMPIC WINTER 
                   GAMES AND THE XIII PARALYMPIC WINTER GAMES.

       (a) Statement of Policy.--It shall be the policy of the 
     United States--
       (1) to implement a diplomatic boycott of the XXIV Olympic 
     Winter Games and the XIII Paralympic Winter Games in the 
     People's Republic of China; and
       (2) to call for an end to the Chinese Communist Party's 
     ongoing human rights abuses, including the Uyghur genocide.
       (b) Funding Prohibition.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of State may not obligate or expend any 
     Federal funds to support or facilitate the attendance of the 
     XXIV Olympic Winter Games or the XIII Paralympic Winter Games 
     by any employee of the United States Government.
       (2) Exception.--Paragraph (1) shall not apply to the 
     obligation or expenditure of Federal funds necessary--
       (A) to support--
       (i) the United States Olympic and Paralympic Committee;
       (ii) the national governing bodies of amateur sports; or
       (iii) athletes, employees, or contractors of the Olympic 
     and Paralympic Committee or such national governing bodies; 
     or
       (B) to provide consular services or security to, or 
     otherwise protect the health, safety, and welfare of, United 
     States persons, employees, contractors, and their families.
       (3) Waiver.--The Secretary of State may waive the 
     applicability of paragraph (1) in a circumstance in which the 
     Secretary determines a waiver is the national interest.
                                 ______
                                 
  SA 3963. Ms. HIRONO 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. ___. COLLECTION OF DEMOGRAPHIC INFORMATION FOR PATENT 
                   INVENTORS.

       (a) Amendment.--Chapter 11 of title 35, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 124. Collection of demographic information for patent 
       inventors

       ``(a) Voluntary Collection.--The Director shall provide for 
     the collection of demographic information, including gender, 
     race, military or veteran status, and any other demographic 
     category that the Director determines appropriate, related to 
     each inventor listed with an application for patent, that may 
     be submitted voluntarily by that inventor.
       ``(b) Protection of Information.--The Director shall--
       ``(1) keep any information submitted under subsection (a) 
     confidential and separate from the application for patent; 
     and
       ``(2) establish appropriate procedures to ensure--
       ``(A) the confidentiality of any information submitted 
     under subsection (a); and
       ``(B) that demographic information is not made available to 
     examiners or considered in the examination of any application 
     for patent.
       ``(c) Relation to Other Laws.--
       ``(1) Freedom of information act.--Any demographic 
     information submitted under subsection (a) shall be exempt 
     from disclosure under section 552(b)(3) of title 5.
       ``(2) Federal information policy law.--Subchapter I of 
     chapter 35 of title 44 shall not apply to the collection of 
     demographic information under subsection (a).
       ``(d) Publication of Demographic Information.--
       ``(1) Report required.--Not later than 1 year after the 
     date of enactment of this section, and not later than January 
     31 of each year thereafter, the Director shall make publicly 
     available a report that, except as provided in paragraph 
     (3)--
       ``(A) includes the total number of patent applications 
     filed during the previous year disaggregated--
       ``(i) by demographic information described in subsection 
     (a); and
       ``(ii) by technology class number, technology class title, 
     country of residence of the inventor, and State of residence 
     of the inventor in the United States;
       ``(B) includes the total number of patents issued during 
     the previous year disaggregated--
       ``(i) by demographic information described in subsection 
     (a); and
       ``(ii) by technology class number, technology class title, 
     country of residence of the inventor, and State of residence 
     of the inventor in the United States; and
       ``(C) includes a discussion of the data collection 
     methodology and summaries of the aggregate responses.
       ``(2) Data availability.--In conjunction with issuance of 
     the report under paragraph (1), the Director shall make 
     publicly available data based on the demographic information 
     collected under subsection (a) that, except as provided in 
     paragraph (3), allows the information to be cross-tabulated 
     to review subgroups.
       ``(3) Privacy.--The Director--
       ``(A) may not include personally identifying information 
     in--
       ``(i) the report made publicly available under paragraph 
     (1); or
       ``(ii) the data made publicly available under paragraph 
     (2); and
       ``(B) in making publicly available the report under 
     paragraph (1) and the data under paragraph (2), shall 
     anonymize any personally identifying information related to 
     the demographic information collected under subsection (a).
       ``(e) Biennial Report.--Not later than 2 years after the 
     date of enactment of this section, and every 2 years 
     thereafter, the Director shall submit to Congress a biennial 
     report that evaluates the data collection process under this 
     section, ease of access to the information by the public, and 
     recommendations on how to improve data collection.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections at the beginning of chapter 11 of title 35, United 
     States Code, is amended by adding at the end the following:

``124. Collection of demographic information for patent inventors.''.
                                 ______
                                 
  SA 3964. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. APPLICABILITY OF WINDOW FALL PREVENTION 
                   REQUIREMENTS TO ALL MILITARY FAMILY HOUSING 
                   WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND 
                   GOVERNMENT-CONTROLLED.

       (a) Transfer of Window Fall Prevention Section to Military 
     Family Housing Administration Subchapter.--
       (1) In general.--Section 2879 of title 10, United States 
     Code--
       (A) is transferred to appear after section 2856 of such 
     title; and
       (B) is redesignated as section 2857.
       (2) Clerical amendments.--
       (A) Alternative authority.--The table of sections at the 
     beginning of subchapter IV of chapter 169 of such title is 
     amended by striking the item relating to section 2879.
       (B) Administration.--The table of sections at the beginning 
     of subchapter III of chapter 169 of such title is amended by 
     inserting after the item relating to section 2856 the 
     following new item:

``2857. Window fall prevention devices in military family housing 
              units.''.
       (b) Applicability of Section to All Military Family 
     Housing.--Section 2857 of title 10, United States Code, as 
     transferred and redesignated by subsection (a)(1), is 
     amended--
       (1) in subsection (a)(1), by striking ``acquired or 
     constructed under this chapter'';
       (2) in subsection (b)(1), by striking ``acquired or 
     constructed under this chapter''; and
       (3) by adding at the end the following new subsection:
       ``(e) Applicability to All Military Family Housing.--This 
     section applies to military family housing under the 
     jurisdiction of the Department of Defense and military family 
     housing acquired or constructed under subchapter IV of this 
     chapter.''.
       (c) Implementation Plan.--In the report required to be 
     submitted in 2022 pursuant to subsection (d) of section 2857 
     of title 10, United States Code, as transferred and 
     redesignated by subsection (a)(1) and amended by subsection 
     (b), the Secretary of Defense shall include a plan for 
     implementation of the fall

[[Page S7477]]

     protection devices described in subsection (a)(3) of such 
     section as required by such section.
       (d) Limitation on Use of Funds Pending Submission of 
     Overdue Report.--Of the funds authorized to be appropriated 
     by this Act or otherwise made available for fiscal year 2022 
     for the Office of the Assistant Secretary of Defense for 
     Energy, Installations, and Environment, not more than 50 
     percent may be obligated or expended until the date on which 
     the Secretary of Defense certifies to the congressional 
     defense committees that--
       (1) the independent assessment required by section 2817(b) 
     of the Military Construction Authorization Act of 2018 
     (division B of Public Law 115-91; 131 Stat. 1852) has been 
     initiated; and
       (2) the Secretary expects the report containing the results 
     of that assessment to be submitted to the congressional 
     defense committees by September 1, 2022.
                                 ______
                                 
  SA 3965. Ms. HIRONO (for herself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following 
     new section:

     SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT 
                   JOINT BASE PEARL HARBOR-HICKAM IN HAWAI`I, 
                   INCLUDING RED HILL BULK FUEL STORAGE FACILITY.

       (a) Sense of Congress.--In order to fully effectuate 
     national security, assure the maximum safe utilization of the 
     Red Hill Bulk Fuel Storage Facility, and fully address 
     concerns as to potential impacts of the facility on public 
     health, it is the sense of Congress that the Secretary of the 
     Navy and the Director of the Defense Logistics Agency 
     should--
       (1) operate and maintain the Red Hill Bulk Fuel Storage 
     Facility to the highest standard possible; and
       (2) require safety inspections to be conducted more 
     frequently based on the corrosion rate of the piping and 
     overall condition of the pipeline system and support 
     equipment at the facility.
       (b) Inspection Requirement.--
       (1) Inspection required.--The Secretary of the Navy shall 
     direct the Naval Facilities Engineering Command to conduct an 
     inspection of the pipeline system, supporting infrastructure, 
     and appurtenances, including valves and any other corrosion 
     prone equipment, for the fuel system at Joint Base Pearl 
     Harbor-Hickam, Hawai`i, including at the Red Hill Bulk Fuel 
     Storage Facility.
       (2) Inspection agent; standards.--The inspection required 
     by paragraph (1) shall be performed--
       (A) by an independent inspector certified by the American 
     Petroleum Institute who will present findings of the 
     inspection and options to the Secretary of the Navy for 
     improving the integrity of the fuel system at Joint Base 
     Pearl Harbor-Hickam, including Red Hill Bulk Fuel Storage 
     Facility and its appurtenances; and
       (B) in accordance with the Unified Facilities Criteria 
     (UFC-3-460-03) and American Petroleum Institute 570 
     inspection standards.
       (3) Exception.--The inspection required by this paragraph 
     (1) excludes the fuel tanks at the Red Hill Bulk Fuel Storage 
     Facility.
       (c) Life-cycle Sustainment Plan.--In conjunction with the 
     inspection required by subsection (b), the Naval Facilities 
     Engineering Command shall prepare a life-cycle sustainment 
     plan for the Red Hill Bulk Fuel Storage Facility, which shall 
     consider the current condition and service life of the tanks, 
     pipeline system, and support equipment.
       (d) Submission of Results and Plan.--Not later than one 
     year after the date of the enactment of this Act, the 
     Secretary of the Navy shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report containing--
       (1) the results of the inspection conducted under 
     subsection (b);
       (2) the life-cycle sustainment plan prepared under 
     subsection (c); and
       (3) options on improving the security and maintenance of 
     the Red Hill Bulk Fuel Storage Facility.
                                 ______
                                 
  SA 3966. Ms. HIRONO (for herself and Ms. Murkowski) 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__. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CHILDREN 
                   OF CERTAIN FILIPINO WORLD WAR II VETERANS.

       Section 201(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(1)) is amended by adding at the end the 
     following:
       ``(F) Aliens who--
       ``(i) are eligible for a visa under paragraph (1) or (3) of 
     section 203(a); and
       ``(ii) have a parent (regardless of whether the parent is 
     living or dead) who was naturalized pursuant to--
       ``(I) section 405 of the Immigration Act of 1990 (Public 
     Law 101-649; 8 U.S.C. 1440 note); or
       ``(II) title III of the Act of October 14, 1940 (54 Stat. 
     1137, chapter 876), as added by section 1001 of the Second 
     War Powers Act, 1942 (56 Stat. 182, chapter 199).''.
                                 ______
                                 
  SA 3967. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title V, insert the following:

     SEC. 530C. INVESTIGATIONS OF SEXUAL HARASSMENT.

       (a) In General.--Section 1561 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 1561. Complaints of sexual harassment: independent 
       investigation

       ``(a) Action on Complaints Alleging Sexual Harassment.--A 
     commanding officer or officer in charge of a unit, vessel, 
     facility, or area of an armed force under the jurisdiction of 
     the Secretary of a military department, who receives, from a 
     member of the command or a member under the supervision of 
     the officer, a formal complaint alleging sexual harassment by 
     a member of the armed forces shall, as soon as practicable 
     after such receipt, forward the complaint to an independent 
     investigator.
       ``(b) Commencement of Investigation.--To the extent 
     practicable, an independent investigator shall commence an 
     investigation of a formal complaint of sexual harassment not 
     later than 72 hours after--
       ``(1) receiving a formal complaint of sexual harassment 
     forwarded by a commanding officer or officer in charge under 
     subsection (a); or
       ``(2) receiving a formal complaint of sexual harassment 
     directly from a member of the armed forces; and
       ``(c) Duration of Investigation.--To the extent 
     practicable, an investigation under subsection (b) shall be 
     completed not later than 14 days after the date on which the 
     investigation commences.
       ``(d) Report on Investigation.--(1) If the investigation 
     cannot be completed within 14 days, not later than the 14th 
     day after the investigation commences, and every 14 days 
     thereafter until the investigation is complete, the 
     independent investigator shall submit to the officer 
     described in subsection (a) a report on the progress made in 
     completing the investigation.
       ``(2) To the extent practicable, and as soon as practicable 
     upon completion of the investigation, the officer described 
     in subsection (a) shall notify the complainant of the final 
     results of the investigation, including any action taken, or 
     planned to be taken, as a result of the investigation.
       ``(e) Definitions.--In this section:
       ``(1) The term `formal complaint' means a complaint that an 
     individual files in writing and attests to the accuracy of 
     the information contained in the complaint.
       ``(2) The term `independent investigator' means a member of 
     the armed forces or employee of the Department of Defense 
     who--
       ``(A) is outside the chain of command of the complainant 
     and the subject of the investigation; and
       ``(B) is trained in the investigation of sexual harassment, 
     as determined by--
       ``(i) the Secretary concerned, in the case of a member of 
     the armed forces; or
       ``(ii) the Secretary of Defense, in the case of a civilian 
     employee of the Department of Defense.
       ``(3) The term `sexual harassment' has the meaning given 
     that term in section 920d(b) of this title (article 120d of 
     the Uniform Code of Military Justice).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 80 of title 10, United States Code, is 
     amended by striking the item relating to section 1561 and 
     inserting the following new item:

``1561. Complaints of sexual harassment: independent investigation.''.
       (c) Effective Date.--The amendment to section 1561 of such 
     title made by this section shall--
       (1) take effect on the day that is two years after the date 
     of the enactment of this Act; and
       (2) apply to any investigation of a formal complaint of 
     sexual harassment (as those terms are defined in such 
     section, as amended) made on or after that date.
       (d) Report on Implementation.--

[[Page S7478]]

       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to the appropriate congressional committees a report 
     on preparation of that Secretary to implement section 1561 of 
     title 10, United States Code, as amended by subsection (a).
       (2) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
                                 ______
                                 
  SA 3968. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 530C. PETITION FOR DNA TESTING UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) In General.--Subchapter IX of chapter 47 of title 10, 
     United States Code (the Uniform Code of Military Justice), is 
     amended by inserting after section 873 (article 73) the 
     following new section:

     ``Sec. 873a. Art 73a. Petition for DNA testing

       ``(a) In General.--Upon a written petition by an accused 
     sentenced to imprisonment or death pursuant to a conviction 
     under this chapter (referred to in this section as the 
     `applicant'), the Judge Advocate General shall order DNA 
     testing of specific evidence if the Judge Advocate General 
     finds that all of the following apply:
       ``(1) The applicant asserts, under penalty of perjury, that 
     the applicant is actually innocent of the offense for which 
     the applicant is sentenced to imprisonment or death.
       ``(2) The specific evidence to be tested was secured in 
     relation to the investigation or prosecution of the offense 
     referenced in the applicant's assertion under paragraph (1).
       ``(3) The specific evidence to be tested--
       ``(A) was not previously subjected to DNA testing and the 
     applicant did not knowingly fail to request DNA testing of 
     that evidence in a prior motion for postconviction DNA 
     testing; or
       ``(B) was previously subjected to DNA testing and the 
     applicant is requesting DNA testing using a new method or 
     technology that is substantially more probative than the 
     prior DNA testing.
       ``(4) The specific evidence to be tested is in the 
     possession of the Government and has been subject to a chain 
     of custody and retained under conditions sufficient to ensure 
     that such evidence has not been substituted, contaminated, 
     tampered with, replaced, or altered in any respect material 
     to the proposed DNA testing.
       ``(5) The proposed DNA testing is reasonable in scope, uses 
     scientifically sound methods, and is consistent with accepted 
     forensic practices.
       ``(6) The applicant identifies a theory of defense that--
       ``(A) is not inconsistent with an affirmative defense 
     presented at trial; and
       ``(B) would establish the actual innocence of the applicant 
     of the offense referenced in the applicant's assertion under 
     paragraph (1).
       ``(7) If the applicant was convicted following a trial, the 
     identity of the perpetrator was at issue in the trial.
       ``(8) The proposed DNA testing of the specific evidence may 
     produce new material evidence that would--
       ``(A) support the theory of defense referenced in paragraph 
     (6); and
       ``(B) raise a reasonable probability that the applicant did 
     not commit the offense.
       ``(9) The applicant certifies that the applicant will 
     provide a DNA sample for purposes of comparison.
       ``(10) The petition is made in a timely fashion, subject to 
     the following conditions:
       ``(A) There shall be a rebuttable presumption of timeliness 
     if the petition is made within five years of the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2022 or within three years after the date of the 
     entry of judgment under section 860c of this title (article 
     60c), whichever comes later. Such presumption may be rebutted 
     upon a showing--
       ``(i) that the applicant's petition for a DNA test is based 
     solely upon information used in a previously denied motion; 
     or
       ``(ii) of clear and convincing evidence that the 
     applicant's filing is done solely to cause delay or harass.
       ``(B) There shall be a rebuttable presumption against 
     timeliness for any petition not satisfying subparagraph (A). 
     Such presumption may be rebutted upon the Judge Advocate 
     General's finding--
       ``(i) that the applicant was or is incompetent and such 
     incompetence substantially contributed to the delay in the 
     applicant's motion for a DNA test;
       ``(ii) the evidence to be tested is newly discovered DNA 
     evidence;
       ``(iii) that the applicant's petition is not based solely 
     upon the applicant's own assertion of innocence and, after 
     considering all relevant facts and circumstances surrounding 
     the petition, a denial would result in a manifest injustice; 
     or
       ``(iv) upon good cause shown.
       ``(C) For purposes of this paragraph--
       ``(i) the term `incompetence' has the meaning given that 
     term in section 876b of this chapter (article 76b); and
       ``(ii) the term `manifest' means that which is 
     unmistakable, clear, plain, or indisputable and requires that 
     the opposite conclusion be clearly evident.
       ``(b) Appeal of Denial.--The applicant may appeal the Judge 
     Advocate General's denial of the petition of DNA testing to 
     the Court of Appeals for the Armed Forces.
       ``(c) Evidence Inventory; Preservation Order; Appointment 
     of Counsel.--
       ``(1) Inventory.--The Judge Advocate General shall order 
     the preparation of an inventory of the evidence related to 
     the case for which a petition is made under subsection (a), 
     which shall be provided to the applicant.
       ``(2) Preservation order.--To the extent necessary to carry 
     out proceedings under this section, the Judge Advocate 
     General shall direct the preservation of the specific 
     evidence relating to a petition under subsection (a).
       ``(3) Appointment of counsel.--The applicant shall be 
     eligible for representation by appellate defense counsel 
     under section 870 of this chapter (article 70).
       ``(d) Testing Costs.--The costs of any DNA testing ordered 
     under this section shall be paid by the Government.
       ``(e) Time Limitation in Capital Cases.--In any case in 
     which the applicant is sentenced to death--
       ``(1) any DNA testing ordered under this section shall be 
     completed not later than 60 days after the date on which the 
     test is ordered by the Judge Advocate General; and
       ``(2) not later than 120 days after the date on which the 
     DNA testing ordered under this section is completed, the 
     Judge Advocate General shall order any post-testing 
     procedures under subsection (f) or (g), as appropriate.
       ``(f) Disclosure of Test Results.--Reporting of test 
     results shall be simultaneously disclosed to the Government 
     and the applicant.
       ``(g) Post-testing Procedures; Inconclusive and Inculpatory 
     Results.--
       ``(1) Inconclusive results.--If DNA test results obtained 
     under this section are inconclusive, the Judge Advocate 
     General may order further testing, if appropriate, or may 
     deny the applicant relief.
       ``(2) Inculpatory results.--If DNA test results obtained 
     under this section show that the applicant was the source of 
     the DNA evidence, the Judge Advocate General shall--
       ``(A) deny the applicant relief; and
       ``(B) if the DNA test results relate to a State offense, 
     forward the finding to any appropriate State official.
       ``(h) Post-testing Procedures; Motion for New Trial or 
     Resentencing.--
       ``(1) In general.--Notwithstanding any provision of law 
     that would bar a motion under this paragraph as untimely, if 
     DNA test results obtained under this section exclude the 
     applicant as the source of the DNA evidence, the applicant 
     may file a petition for a new trial or resentencing, as 
     appropriate.
       ``(2) Standard for granting motion for new trial or 
     resentencing.--The applicant's petition for a new trial or 
     resentencing, as appropriate, shall be granted if the DNA 
     test results, when considered with all other evidence in the 
     case (regardless of whether such evidence was introduced at 
     trial), establish by compelling evidence that a new trial 
     would result in the acquittal of the applicant.
       ``(i) Relationship to Other Laws.--
       ``(1) Post-conviction relief.--Nothing in this section 
     shall affect the circumstances under which a person may 
     obtain DNA testing or post-conviction relief under any other 
     provision of law.
       ``(2) Habeas corpus.--Nothing in this section shall provide 
     a basis for relief in any Federal habeas corpus 
     proceeding.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 873 (article 73) the following 
     new item:

``873a. Art 73a. Petition for DNA testing.''.
                                 ______
                                 
  SA 3969. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2836. FIVE-YEAR UPDATES OF HAWAI`I MILITARY LAND USE 
                   MASTER PLAN.

       (a) Sense of Congress.--Given the extent and significance 
     of the presence of the Armed Forces and the Department of 
     Defense in Hawai`i and the limited geography of the State, it 
     is the sense of Congress that the Secretary of Defense should 
     do the following:

[[Page S7479]]

       (1) Synchronize all of the training activities, land 
     holdings, and operations of the Armed Forces for the most 
     efficient use and stewardship of land in Hawai`i.
       (2) Ensure that the partnership between the Department and 
     Hawai`i is mutually advantageous and based on the following 
     principles:
       (A) Respect for the land, people, and culture of Hawai`i.
       (B) Commitment to building strong, resilient communities.
       (C) Maximum joint use of land holdings of the Department.
       (D) Optimization of existing training, operational, and 
     administrative facilities of the Armed Forces.
       (E) Synchronized communication from United States Indo-
     Pacific Command across all military components with State 
     government, State agencies, county governments, communities, 
     and Federal agencies on critical land and environmental 
     topics.
       (b) Required Update of Master Plan.--
       (1) Plan update required.--Not later than December 31, 
     2025, and every five years thereafter through December 31, 
     2045, the Deputy Assistant Secretary of Defense for Real 
     Property shall update the Hawai`i Military Land Use Master 
     Plan, which was first produced by the Department of Defense 
     in 1995 and updated in 2002 and 2021.
       (2) Elements.--In updating the Hawai`i Military Land Use 
     Master Plan under paragraph (1), the Deputy Assistant 
     Secretary of Defense for Real Property shall consider, 
     address, and include the following:
       (A) The priorities of each individual Armed Force and joint 
     priorities within the State of Hawai`i.
       (B) The historical background of the use of land in Hawai'i 
     by the Armed Forces and Department of Defense and the 
     cultural significance of the historical land holdings.
       (C) A summary of all leases and easements held by the 
     Department.
       (D) An overview of assets of the Army, Navy, Marine Corps, 
     Air Force, Space Force, Coast Guard, Hawai`i National Guard, 
     and Hawai`i Air National Guard in the State, including the 
     following for each asset:
       (i) The location and size of facilities.
       (ii) Any tenet commands.
       (iii) Training lands.
       (iv) Purpose of the asset.
       (v) Priorities for the asset for the next five years, 
     including any planned divestitures and expansions.
       (E) A summary of encroachment planning efforts.
       (F) A summary of efforts to synchronize the inter-service 
     use of training lands and ranges.
       (3) Cooperation.--The Deputy Assistant Secretary of Defense 
     for Real Property shall carry out this subsection in 
     conjunction with the Commander of United States Indo-Pacific 
     Command.
       (c) Submission of Updated Plan.--Not later than 30 days 
     after the date of the completion of an update to the Hawai`i 
     Military Land Use Master Plan under subsection (b), the 
     Deputy Assistant Secretary of Defense for Real Property shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives the updated master plan.
                                 ______
                                 
  SA 3970. Ms. HIRONO (for herself, Mr. Menendez, and Ms. Duckworth) 
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 X, add the following:

     SEC. 105__. RUNIT DOME REPORT AND MONITORING ACTIVITIES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committees on Natural Resources and Energy 
     and Commerce of the House of Representatives a report 
     prepared by independent experts not employed by the Federal 
     Government that describes--
       (1) the impacts of climate change on the Runit Dome nuclear 
     waste disposal site in Enewetak Atoll in the Republic of the 
     Marshall Islands; and
       (2) other environmental hazards in the vicinity of the 
     Runit Dome.
       (b) Requirements.--The report submitted under subsection 
     (a) shall include--
       (1) a detailed scientific analysis of any threats to the 
     environment and to the health and safety of Enewetak Atoll 
     residents from--
       (A) the Runit Dome nuclear waste disposal site;
       (B) crypts used to contain nuclear waste and other toxins 
     on Enewetak Atoll;
       (C) radionuclides and other toxins in the lagoon of 
     Enewetak Atoll, including areas in the lagoon at which 
     nuclear waste was dumped;
       (D) radionuclides and other toxins, including beryllium, 
     which may be present on the islands of Enewetak Atoll as a 
     result of nuclear tests and other activities of the Federal 
     Government, including--
       (i) tests of chemical and biological warfare agents;
       (ii) rocket tests;
       (iii) contaminated aircraft landing on Enewetak Island; and
       (iv) nuclear cleanup activities;
       (E) radionuclides and other toxins that may be present in--
       (i) the drinking water on Enewetak Atoll; or
       (ii) the water source for the desalination plant for 
     Enewetak Atoll; and
       (F) radionuclides and other toxins that may be present in 
     the groundwater under, and in the vicinity of, the Runit Dome 
     nuclear waste disposal site;
       (2) a detailed scientific analysis of the extent to which 
     rising sea levels, severe weather events, and other effects 
     of climate change might exacerbate any of the threats 
     identified under paragraph (1); and
       (3) a detailed plan, including the costs of implementing 
     the plan, to relocate to a safe, secure facility to be 
     constructed in an uninhabited, unincorporated territory of 
     the United States all of the nuclear waste and other toxic 
     waste contained in--
       (A) the Runit Dome nuclear waste disposal site;
       (B) each of the crypts on Enewetak Atoll containing nuclear 
     waste; and
       (C) the 3 dumping areas in the lagoon of Enewetak Atoll.
       (c) Participation by the Republic of the Marshall 
     Islands.--The Secretary shall allow scientists or other 
     experts selected by the Government of the Republic of the 
     Marshall Islands to participate in all aspects of the 
     preparation of the report required under subsection (a), 
     including--
       (1) developing the plan under subsection (b)(3);
       (2) identifying questions;
       (3) conducting research; and
       (4) collecting and interpreting data.
       (d) Publication.--The report required under subsection (a) 
     shall be published in the Federal Register for public comment 
     for a period of not less than 60 days.
       (e) Public Availability.--The Secretary shall publish on a 
     public website--
       (1) the study required under subsection (a); and
       (2) the results of any research submitted under subsection 
     (b).
       (f) Authorization of Appropriations.--
       (1) Authorization of appropriations for report.--There are 
     authorized to be appropriated to the Assistant Secretary of 
     Insular and International Affairs of the Department of the 
     Interior to complete the report under subsection (a) such 
     sums as are necessary for fiscal year 2022.
       (2) Authorization of appropriations for runit dome 
     monitoring activities.--There are authorized to be 
     appropriated to the Secretary of Energy such sums as are 
     necessary to comply with the requirements of section 
     103(f)(1)(B) of the Compact of Free Association Amendments 
     Act of 2003 (48 U.S.C. 1921b(f)(1)(B)).
                                 ______
                                 
  SA 3971. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. [DAV21M33]. SELECTION PROCESS FOR MEMBERS TO SERVE ON 
                   COURTS-MARTIAL.

       Section 825(e) of title 10, United States Code (article 
     25(e) of the Uniform Code of Military Justice), is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (3), (4), and (5), respectively;
       (2) by inserting after ``(e)'', the following: ``(1) When 
     convening a court-martial, the convening authority shall 
     detail as members thereof members of the armed forces under 
     such regulations as the President may prescribe for the 
     randomized selection of qualified personnel available to the 
     convening authority for detail.
       ``(2) The randomized selection process developed and 
     implemented under paragraph (1) may include parameter 
     controls that--
       ``(A) allow for exclusions based on scheduling 
     availability;
       ``(B) allow for controls based on military rank; and
       ``(C) allow for controls to promote gender, racial, and 
     ethnic diversity and inclusion.''; and
       (3) in paragraph (4), as redesignated by paragraph (1), 
     by--
       (A) striking the first sentence; and
       (B) striking ``when he is'' and inserting ``when the member 
     is''.
                                 ______
                                 
  SA 3972. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be

[[Page S7480]]

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 XII, insert the following:

                Subtitle H--War Powers Resolution Reform

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``War Powers Reform 
     Resolution''.

     SEC. 1292. JOINT RESOLUTIONS AND BILLS AUTHORIZING, 
                   NARROWING, OR REPEALING USE OF MILITARY FORCE.

       The War Powers Resolution (50 U.S.C. 1541 et seq.) is 
     amended by inserting after section 5 the following new 
     section:


``JOINT RESOLUTIONS AND BILLS AUTHORIZING, NARROWING, OR REPEALING USE 
                           OF MILITARY FORCE

       ``Sec. 5A. (a) A joint resolution or bill introduced after 
     the date of the enactment of this section pursuant to section 
     5(b) for a purpose specified in that section shall be 
     eligible for expedited consideration in accordance with 
     section 6(a) if the joint resolution or bill sets forth only 
     the following:
       ``(1) The specific strategic objective of the military 
     force authorized for use by the joint resolution or bill.
       ``(2) A specification that the military force authorized 
     for use by the joint resolution or bill is necessary, 
     appropriate, and proportional to the purpose of the joint 
     resolution or bill.
       ``(3) A specific naming of the nations, organizations, or 
     forces engaged in active hostilities against the United 
     States, its territories or possessions, or United States 
     Armed Forces against which use of military force is 
     authorized by the joint resolution or bill, which may not 
     vest in or delegate to any official in the Executive Branch 
     authority to specify any other nation, organization, or force 
     against which use of military force is authorized by the 
     joint resolution or bill.
       ``(4) A specification of the country or countries, or 
     subdivision of a country or subdivisions of countries, in 
     which military force is authorized for use by the joint 
     resolution or bill, which may not vest in or delegate to any 
     official in the Executive Branch authority to specify any 
     other country or subdivision of a country in which use of 
     military force is authorized by the joint resolution or bill.
       ``(5) A specification to a date certain of the duration of 
     the authorization for use of military force in the joint 
     resolution or bill, which may not exceed two years from the 
     date of the enactment of the joint resolution or bill.
       ``(b) A joint resolution or bill introduced after the date 
     of the enactment of this section to narrow a Joint Resolution 
     or Act authorizing use of military force that is in effect on 
     the date of the introduction of the joint resolution or bill 
     shall be eligible for expedited consideration in accordance 
     with section 6(a) if the joint resolution or bill sets forth 
     only a narrowing or other limitation of the Joint Resolution 
     or Act as follows:
       ``(1) To narrow the specific strategic objective of the 
     military force authorized by the Joint Resolution or Act.
       ``(2) To strike one or more named nations, organizations, 
     or forces against which use of military force is authorized 
     by the Joint Resolution or Act, and to specify a date certain 
     for the effective date of such strike.
       ``(3) To strike one or more countries or subdivisions of a 
     country in which military force is authorized for use by the 
     Joint Resolution or Act, and to specify a date certain for 
     the effective date of such strike.
       ``(4) To reduce the duration of the authorization for use 
     of military force in the Joint Resolution or Act to an 
     earlier date certain specified in the joint resolution or 
     bill.
       ``(c) A joint resolution or bill introduced after the date 
     of the enactment of this section only to repeal one or more 
     Joint Resolutions or Acts authorizing use of military force 
     that is or are in effect on the date of the introduction of 
     the joint resolution or bill shall be eligible for expedited 
     consideration in accordance with section 6(a).
       ``(d) A joint resolution or bill introduced as described in 
     subsection (a) or (b) may also repeal any Joint Resolution or 
     Act authorizing use of military force that is in effect on 
     the date of the introduction of the joint resolution or bill 
     without losing eligibility for expedited consideration in 
     accordance with section 6(a) as otherwise provided in such 
     subsection.''.

     SEC. 1293. EXPEDITED PROCEDURES FOR JOINT RESOLUTIONS AND 
                   BILLS AUTHORIZING, LIMITING, OR REPEALING USE 
                   OF MILITARY FORCE.

       Section 6(a) of the War Powers Resolution (50 U.S.C. 
     1545(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) in paragraph (1), as designated by paragraph (1) of 
     this section--
       (A) by striking ``introduced pursuant to section 5(b) at 
     least thirty calendar days before the expiration of the 
     sixty-day period specified in such section'' and inserting 
     ``introduced pursuant to section 5(b) for purposes of section 
     5A(a) at least thirty calendar days before the expiration of 
     the sixty-day period specified in section 5(b)''; and
       (B) by striking ``sixty-day period specified in such 
     section'' and inserting ``sixty-day period specified in 
     section 5(b)''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) Any joint resolution or bill introduced pursuant 
     to subsection (b) or (c) of section 5A shall be referred to 
     the committee provided for in paragraph (1), and such 
     committee shall report one such joint resolution or bill, 
     together with its recommendations, not later than twenty-four 
     calendar days before the expiration of the thirty-day period 
     beginning on the date of the introduction of such joint 
     resolution or bill, unless such House shall otherwise 
     determine by the yeas and nays.
       ``(B) In the case of any joint resolution or bill described 
     in subparagraph (A), any reference in this section to the 
     sixty-day period specified in section 5(b) shall be deemed to 
     refer instead to the thirty-day period beginning on the date 
     of the introduction of such joint resolution or bill.''.

     SEC. 1294. LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF THE 
                   WAR POWERS RESOLUTION OR OTHER APPLICABLE 
                   RESOLUTIONS AUTHORIZING USE OF MILITARY FORCE.

       The War Powers Resolution (50 U.S.C. 1541 et seq.) is 
     amended--
       (1) by redesignating sections 9 and 10 as sections 10 and 
     11, respectively; and
       (2) by inserting after section 8 the following new section 
     9:


                      ``LIMITATION ON USE OF FUNDS

       ``Sec. 9. Appropriated funds may not be obligated or 
     expended for the introduction or use of United States Armed 
     Forces into or in hostilities or situations where imminent 
     involvement in hostilities is clearly indicated by the 
     circumstances in contravention of the provisions of this 
     joint resolution, or another Joint Resolution or Act 
     authorizing such introduction or use (if applicable).''.

     SEC. 1295. JUSTIFICATION IN REQUESTS FOR AUTHORIZATIONS FOR 
                   USE OF MILITARY FORCE AND IN REPORTS ON USE OF 
                   MILITARY FORCE.

       Section 4 of the War Powers Resolution (50 U.S.C. 1543) is 
     amended by adding at the end the following new subsection:
       ``(d)(1) If in submitting a report under subsection (a) or 
     in connection with an introduction of the United States Armed 
     Forces as described in that subsection the President also 
     submits to Congress a request for an authorization for use of 
     the United States Armed Forces in the hostilities or 
     situation concerned, the President shall include with such 
     request a comprehensive justification for such request, 
     including a justification for--
       ``(A) the nations, organizations, and forces covered by 
     such request;
       ``(B) the countries and subdivisions of countries covered 
     by such request; and
       ``(C) the duration of the request.
       ``(2) Each report under subsection (c) on the status of 
     hostilities or a situation shall include a current 
     comprehensive justification for use of the United States 
     Armed Forces in the hostilities or situation, including a 
     justification for--
       ``(A) the continuing use of the United States Armed Forces 
     against the particular nations, organizations, and forces 
     concerned;
       ``(B) the continuing use of the United States Armed Forces 
     in the particular countries and subdivisions of countries 
     concerned; and
       ``(C) the currently anticipated duration of the use of the 
     United States Armed Forces in the hostilities or situation.
       ``(3)(A) Except as provided in subparagraph (B), any 
     justification submitted pursuant to this subsection shall be 
     in unclassified form to the greatest extent practicable, 
     including in the specification of the countries or 
     subdivisions of countries concerned and in the duration or 
     anticipated duration concerned, but may include a classified 
     annex (and then only to the extent required to protect the 
     national security interests of the United States).
       ``(B) A request described in paragraph (1) shall list or 
     specify the names of the nations, organizations, and forces 
     covered by such request in unclassified form.''.

     SEC. 1296. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY 
                   FORCE.

       (a) Authorization for Use of Military Force.--Effective on 
     the date that is one year after the date of the enactment of 
     this Act, the Authorization for Use of Military Force (Public 
     Law 107-40; 50 U.S.C. 1541 note) is repealed.
       (b) Authorization for Use of Military Force Against Iraq 
     Resolution of 2002.--Effective on the date that is one year 
     after the date of the enactment of this Act, the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public law 107-243; 50 U.S.C. 1541 note) 
     is repealed.
                                 ______
                                 
  SA 3973. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of part II of subtitle B of title V, add the 
     following:

[[Page S7481]]

  


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

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

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

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

``654. Non-discrimination and service in the armed forces.''.
                                 ______
                                 
  SA 3974. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle A of title VII, add the following:

     SEC. 704. MODIFICATIONS TO TRICARE OPERATIONS MANUAL WITH 
                   RESPECT TO COVERAGE OF AUTISM THERAPY.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     modify the operations manual under the TRICARE program, or 
     successor manual of the Department of Defense, with respect 
     to coverage of autism therapy as follows:
       (1) To allow a covered beneficiary one year to obtain a 
     confirmatory diagnosis of autism spectrum disorder.
       (2) To require that the person completing the Pervasive 
     Developmental Disorder Behavior Inventory Teacher Form meet 
     the criteria in the Pervasive Developmental Disorder Behavior 
     Inventory Manual regarding frequency and duration of contact 
     with the client.
       (3) To require that the services provided for autism 
     spectrum disorder focus primarily on measuring outcomes for 
     the covered beneficiary as the primary recipient of services.
       (4) To eliminate the prohibition on billing for services 
     provided outside of the home, clinic, office, school, or via 
     telehealth.
       (5) To require that medically necessary services authorized 
     in a school setting be delivered by a trained behavioral 
     provider as determined by the applied behavior analysis 
     supervisor.
       (b) Definitions.--In this section, the terms ``covered 
     beneficiary'' and ``TRICARE program'' have the meanings given 
     those terms in section 1072 of title 10, United States Code.
                                 ______
                                 
  SA 3975. Mrs. GILLIBRAND (for herself and Mr. Blumenthal) 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. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE 
                   COMPREHENSIVE AUTISM CARE DEMONSTRATION 
                   PROGRAM.

       (a) Agreement.--
       (1) In general.--The Secretary of Defense shall seek to 
     enter into an agreement with the National Academies of 
     Sciences, Engineering, and Medicine (in this section referred 
     to as the ``National Academies'') for the National Academies 
     to carry out the activities described in subsections (b) and 
     (c).
       (2) Timing.--The Secretary shall seek to enter into the 
     agreement described in paragraph (1) not later than 60 days 
     after the date of the enactment of this Act.
       (b) Analysis by the National Academies.--
       (1) Analysis.--Under an agreement between the Secretary and 
     the National Academies entered into under subsection (a), the 
     National Academies shall conduct an analysis of the 
     effectiveness of the Department of Defense Comprehensive 
     Autism Care Demonstration program (in this section referred 
     to as the ``demonstration program'') and develop 
     recommendations for the Secretary based on such analysis.
       (2) Elements.--The analysis conducted and recommendations 
     developed under paragraph (1) shall include the following:
       (A) A review of the use by the Department of Defense of the 
     Pervasive Developmental Disorder Behavior Inventory as an 
     outcome measure, in relation to the goals of intervention, 
     and a determination as to whether the Secretary is applying 
     such inventory appropriately under the demonstration program.
       (B) A review of the raw baseline and follow-up data from 
     providers, including an assessment of how the data were 
     scored and an analysis of the data utilized by the Department 
     in any reports submitted by the Secretary to Congress with 
     respect to the demonstration program.
       (C) An assessment of the methods used under the 
     demonstration program to measure the effectiveness of applied 
     behavior analysis in the treatment of autism spectrum 
     disorder.
       (D) A review of any guidelines or industry standards of 
     care adhered to in the provision of applied behavior analysis 
     services under the demonstration program, including a review 
     of the expected health outcomes for an individual who has 
     received such services.
       (E) A review of the expected health outcomes for an 
     individual who has received applied behavior analysis 
     treatments over time.
       (F) An analysis of the increased utilization of the 
     demonstration program by beneficiaries under the TRICARE 
     program, to improve understanding of such utilization.
       (G) Such other analyses to measure the effectiveness of the 
     demonstration program as may be determined appropriate by the 
     National Academies.
       (H) An analysis on whether the prevalence of autism is 
     higher among the children of military families.
       (I) The development of a list of findings and 
     recommendations related to the measurement, effectiveness, 
     and increased understanding of the demonstration program and 
     its effect on beneficiaries under the TRICARE program.
       (c) Report.--Under an agreement between the Secretary and 
     the National Academies entered into under subsection (a), the 
     National Academies, not later than 270 days after the date of 
     the execution of the agreement, shall--
       (1) submit to the congressional defense committees a report 
     on the findings of the National Academies with respect to the 
     analysis conducted and recommendations developed under 
     subsection (b); and
       (2) make such report available on a public website in 
     unclassified form.
       (d) TRICARE Program Defined.--In this section, the term 
     ``TRICARE program'' has the meaning given that term in 
     section 1072(7) of title 10, United States Code.
                                 ______
                                 
  SA 3976. Ms. DUCKWORTH (for herself, Mrs. Gillibrand, and Ms. 
Baldwin) 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. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       (a) Assessment Required.--
       (1) In general.--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 
     assessing the domestic source content of any procurement 
     carried out in connection with a major defense acquisition 
     program.
       (2) Information repository.--The Secretary of Defense shall 
     establish an information repository for the collection and 
     analysis of information related to domestic source content 
     that can be used for continuous data analysis and program 
     management activities.
       (b) Enhanced Domestic Content Requirement.--
       (1) In general.--Except as provided in paragraph (2), for 
     purposes of chapter 83 of title 41, United States Code, 
     manufactured articles, materials, or supplies procured in 
     connection with a major defense acquisition program are 
     manufactured substantially all from articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States if the cost of such component articles, materials, or 
     supplies--
       (A) supplied not later than the date of the enactment of 
     this Act, exceeds 60 percent of cost of the manufactured 
     articles, materials, or supplies procured;
       (B) supplied during the period beginning January 1, 2024, 
     and ending December 31, 2028, exceeds 65 percent of the cost 
     of the manufactured articles, materials, or supplies; and
       (C) supplied on or after January 1, 2029, exceeds 75 
     percent of the cost of the manufactured articles, materials, 
     or supplies.
       (2) Exclusion for certain manufactured articles.--Paragraph 
     (1) shall not apply to manufactured articles that consist 
     wholly or predominantly of iron, steel, or a combination of 
     iron and steel.
       (3) Rulemaking.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue rules to determine the treatment of the lowest price 
     offered for a foreign end product for which 55 percent or 
     more of the component articles, materials, or supplies of 
     such foreign end

[[Page S7482]]

     product are manufactured substantially all from articles, 
     materials, or supplies mined, produced, or manufactured in 
     the United States if--
       (i) the application paragraph (1) results in an 
     unreasonable cost; or
       (ii) no offers are submitted to supply manufactured 
     articles, materials, or supplies manufactured substantially 
     all from articles, materials, or supplies mined, produced, or 
     manufactured in the United States.
       (B) Termination.--Rules issued under this paragraph shall 
     cease to have force or effect on January 1, 2030.
       (4) Applicability.--The requirements of this subsection 
     shall apply to contracts entered into on or after the date of 
     the enactment of this Act.
       (c) Major Defense Acquisition Program Defined.--The term 
     ``major defense acquisition program'' has the meaning given 
     in section 2430 of title 10, United States Code.
                                 ______
                                 
  SA 3977. Mrs. MURRAY submitted an amendment intended to be proposed 
by her 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. __. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD ANCHOR 
                   AND MOORING CHAIN FOR NAVAL VESSELS.

       Section 2534(a)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Welded shipboard anchor and mooring chain.''.
                                 ______
                                 
  SA 3978. Mrs. MURRAY 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 X, add the following:

     SEC. 10___. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS 
                   AREAS; WILD AND SCENIC RIVER DESIGNATIONS.

       (a) Designation of Olympic National Forest Wilderness 
     Areas.--
       (1) In general.--In furtherance of the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following Federal land in the 
     Olympic National Forest in the State of Washington comprising 
     approximately 126,554 acres, as generally depicted on the map 
     entitled ``Proposed Wild Olympics Wilderness and Wild and 
     Scenic Rivers Act'' and dated April 8, 2019 (referred to in 
     this subsection as the ``map''), is designated as wilderness 
     and as components of the National Wilderness Preservation 
     System:
       (A) Lost creek wilderness.--Certain Federal land managed by 
     the Forest Service, comprising approximately 7,159 acres, as 
     generally depicted on the map, which shall be known as the 
     ``Lost Creek Wilderness''.
       (B) Rugged ridge wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 5,956 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Rugged Ridge Wilderness''.
       (C) Alckee creek wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 1,787 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Alckee Creek Wilderness''.
       (D) Gates of the elwha wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 5,669 
     acres, as generally depicted on the map, which shall be known 
     as the ``Gates of the Elwha Wilderness''.
       (E) Buckhorn wilderness additions.--Certain Federal land 
     managed by the Forest Service, comprising approximately 
     21,965 acres, as generally depicted on the map, is 
     incorporated in, and shall be managed as part of, the 
     ``Buckhorn Wilderness'', as designated by section 3 of the 
     Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-339).
       (F) Green mountain wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 4,790 
     acres, as generally depicted on the map, which shall be known 
     as the ``Green Mountain Wilderness''.
       (G) The brothers wilderness additions.--Certain land 
     managed by the Forest Service, comprising approximately 8,625 
     acres, as generally depicted on the map, is incorporated in, 
     and shall be managed as part of, the ``The Brothers 
     Wilderness'', as designated by section 3 of the Washington 
     State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
     98-339).
       (H) Mount skokomish wilderness additions.--Certain land 
     managed by the Forest Service, comprising approximately 8,933 
     acres, as generally depicted on the map, is incorporated in, 
     and shall be managed as part of, the ``Mount Skokomish 
     Wilderness'', as designated by section 3 of the Washington 
     State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
     98-339).
       (I) Wonder mountain wilderness additions.--Certain land 
     managed by the Forest Service, comprising approximately 
     26,517 acres, as generally depicted on the map, is 
     incorporated in, and shall be managed as part of, the 
     ``Wonder Mountain Wilderness'', as designated by section 3 of 
     the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 
     note; Public Law 98-339).
       (J) Moonlight dome wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 9,117 
     acres, as generally depicted on the map, which shall be known 
     as the ``Moonlight Dome Wilderness''.
       (K) South quinault ridge wilderness.--Certain Federal land 
     managed by the Forest Service, comprising approximately 
     10,887 acres, as generally depicted on the map, which shall 
     be known as the ``South Quinault Ridge Wilderness''.
       (L) Colonel bob wilderness additions.--Certain Federal land 
     managed by the Forest Service, comprising approximately 353 
     acres, as generally depicted on the map, is incorporated in, 
     and shall be managed as part of, the ``Colonel Bob 
     Wilderness'', as designated by section 3 of the Washington 
     State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
     98-339).
       (M) Sam's river wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 13,418 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Sam's River Wilderness''.
       (N) Canoe creek wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 1,378 acres, 
     as generally depicted on the map, which shall be known as the 
     ``Canoe Creek Wilderness''.
       (2) Administration.--
       (A) Management.--Subject to valid existing rights, the land 
     designated as wilderness by paragraph (1) shall be 
     administered by the Secretary of Agriculture (referred to in 
     this subsection as the ``Secretary''), in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
     reference in that Act to the effective date of that Act shall 
     be considered to be a reference to the date of enactment of 
     this Act.
       (B) Map and description.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the land designated as wilderness by 
     paragraph (1) with--

       (I) the Committee on Natural Resources of the House of 
     Representatives; and
       (II) the Committee on Energy and Natural Resources of the 
     Senate.

       (ii) Effect.--Each map and legal description filed under 
     clause (i) shall have the same force and effect as if 
     included in this section, except that the Secretary may 
     correct minor errors in the map and legal description.
       (iii) Public availability.--Each map and legal description 
     filed under clause (i) shall be filed and made available for 
     public inspection in the appropriate office of the Forest 
     Service.
       (3) Potential wilderness.--
       (A) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     managed by the Forest Service, comprising approximately 5,346 
     acres as identified as ``Potential Wilderness'' on the map, 
     is designated as potential wilderness.
       (B) Designation as wilderness.--On the date on which the 
     Secretary publishes in the Federal Register notice that any 
     nonconforming uses in the potential wilderness designated by 
     subparagraph (A) have terminated, the potential wilderness 
     shall be--
       (i) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
       (ii) incorporated into the adjacent wilderness area.
       (4) Adjacent management.--
       (A) No protective perimeters or buffer zones.--The 
     designations in this subsection shall not create a protective 
     perimeter or buffer zone around any wilderness area.
       (B) Nonconforming uses permitted outside of boundaries of 
     wilderness areas.--Any activity or use outside of the 
     boundary of any wilderness area designated under this 
     subsection shall be permitted even if the activity or use 
     would be seen or heard within the boundary of the wilderness 
     area.
       (5) Fire, insects, and diseases.--The Secretary may take 
     such measures as are necessary to control fire, insects, and 
     diseases, in the wilderness areas designated by this 
     subsection, in accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (b) Wild and Scenic River Designations.--
       (1) In general.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) is amended by adding at the end the 
     following:
       ``(231) Elwha river, washington.--The approximately 29.0-
     mile segment of the Elwha River and tributaries from the 
     source to Cat Creek, to be administered by the Secretary of 
     the Interior as a wild river.
       ``(232) Dungeness river, washington.--The segment of the 
     Dungeness River from the headwaters to the State of 
     Washington Department of Natural Resources land in T. 29 N., 
     R. 4 W., sec. 12, to be administered by the Secretary of 
     Agriculture, except that portions of the river within the 
     boundaries of Olympic National Park shall be administered by 
     the Secretary of the Interior, including the following 
     segments of the

[[Page S7483]]

     mainstem and major tributary the Gray Wolf River, in the 
     following classes:
       ``(A) The approximately 5.8-mile segment of the Dungeness 
     River from the headwaters to the 2870 Bridge, as a wild 
     river.
       ``(B) The approximately 2.1-mile segment of the Dungeness 
     River from the 2870 Bridge to Silver Creek, as a scenic 
     river.
       ``(C) The approximately 2.7-mile segment of the Dungeness 
     River from Silver Creek to Sleepy Hollow Creek, as a wild 
     river.
       ``(D) The approximately 6.3-mile segment of the Dungeness 
     River from Sleepy Hollow Creek to the Olympic National Forest 
     boundary, as a scenic river.
       ``(E) The approximately 1.9-mile segment of the Dungeness 
     River from the National Forest boundary to the State of 
     Washington Department of Natural Resources land in T. 29 N., 
     R. 4 W., sec. 12, to be administered as a recreational river 
     through a cooperative management agreement between the State 
     of Washington and the Secretary of Agriculture, as provided 
     in section 10(e).
       ``(F) The approximately 16.1-mile segment of the Gray Wolf 
     River from the headwaters to the 2870 Bridge, as a wild 
     river.
       ``(G) The approximately 1.1-mile segment of the Gray Wolf 
     River from the 2870 Bridge to the confluence with the 
     Dungeness River, as a scenic river.
       ``(233) Big quilcene river, washington.--The segment of the 
     Big Quilcene River from the headwaters to the City of Port 
     Townsend water intake facility, to be administered by the 
     Secretary of Agriculture, in the following classes:
       ``(A) The approximately 4.4-mile segment from the 
     headwaters to the Buckhorn Wilderness boundary, as a wild 
     river.
       ``(B) The approximately 5.3-mile segment from the Buckhorn 
     Wilderness boundary to the City of Port Townsend water intake 
     facility, as a scenic river.
       ``(C) Section 7(a), with respect to the licensing of dams, 
     water conduits, reservoirs, powerhouses, transmission lines, 
     or other project works, shall apply to the approximately 5-
     mile segment from the City of Port Townsend water intake 
     facility to the Olympic National Forest boundary.
       ``(234) Dosewallips river, washington.--The segment of the 
     Dosewallips River from the headwaters to the private land in 
     T. 26 N., R. 3 W., sec. 15, to be administered by the 
     Secretary of Agriculture, except that portions of the river 
     within the boundaries of Olympic National Park shall be 
     administered by the Secretary of the Interior, in the 
     following classes:
       ``(A) The approximately 12.9-mile segment from the 
     headwaters to Station Creek, as a wild river.
       ``(B) The approximately 6.8-mile segment from Station Creek 
     to the private land in T. 26 N., R. 3 W., sec. 15, as a 
     scenic river.
       ``(235) Duckabush river, washington.--The segment of the 
     Duckabush River from the headwaters to the private land in T. 
     25 N., R. 3 W., sec. 1, to be administered by the Secretary 
     of Agriculture, except that portions of the river within the 
     boundaries of Olympic National Park shall be administered by 
     the Secretary of the Interior, in the following classes:
       ``(A) The approximately 19.0-mile segment from the 
     headwaters to the Brothers Wilderness boundary, as a wild 
     river.
       ``(B) The approximately 1.9-mile segment from the Brothers 
     Wilderness boundary to the private land in T. 25 N., R. 3 W., 
     sec. 1, as a scenic river.
       ``(236) Hamma hamma river, washington.--The segment of the 
     Hamma Hamma River from the headwaters to the eastern edge of 
     the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by 
     the Secretary of Agriculture, in the following classes:
       ``(A) The approximately 3.1-mile segment from the 
     headwaters to the Mt. Skokomish Wilderness boundary, as a 
     wild river.
       ``(B) The approximately 5.8-mile segment from the Mt. 
     Skokomish Wilderness boundary to Lena Creek, as a scenic 
     river.
       ``(C) The approximately 6.8-mile segment from Lena Creek to 
     the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W., 
     to be administered as a recreational river through a 
     cooperative management agreement between the State of 
     Washington and the Secretary of Agriculture, as provided in 
     section 10(e).
       ``(237) South fork skokomish river, washington.--The 
     segment of the South Fork Skokomish River from the headwaters 
     to the Olympic National Forest boundary to be administered by 
     the Secretary of Agriculture, in the following classes:
       ``(A) The approximately 6.7-mile segment from the 
     headwaters to Church Creek, as a wild river.
       ``(B) The approximately 8.3-mile segment from Church Creek 
     to LeBar Creek, as a scenic river.
       ``(C) The approximately 4.0-mile segment from LeBar Creek 
     to upper end of gorge in the NW\1/4\ sec. 22, T. 22 N., R. 5 
     W., as a recreational river.
       ``(D) The approximately 6.0-mile segment from the upper end 
     of the gorge to the Olympic National Forest boundary, as a 
     scenic river.
       ``(238) Middle fork satsop river, washington.--The 
     approximately 7.9-mile segment of the Middle Fork Satsop 
     River from the headwaters to the Olympic National Forest 
     boundary, to be administered by the Secretary of Agriculture, 
     as a scenic river.
       ``(239) West fork satsop river, washington.--The 
     approximately 8.2-mile segment of the West Fork Satsop River 
     from the headwaters to the Olympic National Forest boundary, 
     to be administered by the Secretary of Agriculture, as a 
     scenic river.
       ``(240) Wynoochee river, washington.--The segment of the 
     Wynoochee River from the headwaters to the head of Wynoochee 
     Reservoir to be administered by the Secretary of Agriculture, 
     except that portions of the river within the boundaries of 
     Olympic National Park shall be administered by the Secretary 
     of the Interior, in the following classes:
       ``(A) The approximately 2.5-mile segment from the 
     headwaters to the boundary of the Wonder Mountain Wilderness, 
     as a wild river.
       ``(B) The approximately 7.4-mile segment from the boundary 
     of the Wonder Mountain Wilderness to the head of Wynoochee 
     Reservoir, as a recreational river.
       ``(241) East fork humptulips river, washington.--The 
     segment of the East Fork Humptulips River from the headwaters 
     to the Olympic National Forest boundary to be administered by 
     the Secretary of Agriculture, in the following classes:
       ``(A) The approximately 7.4-mile segment from the 
     headwaters to the Moonlight Dome Wilderness boundary, as a 
     wild river.
       ``(B) The approximately 10.3-mile segment from the 
     Moonlight Dome Wilderness boundary to the Olympic National 
     Forest boundary, as a scenic river.
       ``(242) West fork humptulips river, washington.--The 
     approximately 21.4-mile segment of the West Fork Humptulips 
     River from the headwaters to the Olympic National Forest 
     Boundary, to be administered by the Secretary of Agriculture, 
     as a scenic river.
       ``(243) Quinault river, washington.--The segment of the 
     Quinault River from the headwaters to private land in T. 24 
     N., R. 8 W., sec. 33, to be administered by the Secretary of 
     the Interior, in the following classes:
       ``(A) The approximately 16.5-mile segment from the 
     headwaters to Graves Creek, as a wild river.
       ``(B) The approximately 6.7-mile segment from Graves Creek 
     to Cannings Creek, as a scenic river.
       ``(C) The approximately 1.0-mile segment from Cannings 
     Creek to private land in T. 24 N., R. 8 W., sec. 33, as a 
     recreational river.
       ``(244) Queets river, washington.--The segment of the 
     Queets River from the headwaters to the Olympic National Park 
     boundary to be administered by the Secretary of the Interior, 
     except that portions of the river outside the boundaries of 
     Olympic National Park shall be administered by the Secretary 
     of Agriculture, including the following segments of the 
     mainstem and certain tributaries in the following classes:
       ``(A) The approximately 28.6-mile segment of the Queets 
     River from the headwaters to the confluence with Sams River, 
     as a wild river.
       ``(B) The approximately 16.0-mile segment of the Queets 
     River from the confluence with Sams River to the Olympic 
     National Park boundary, as a scenic river.
       ``(C) The approximately 15.7-mile segment of the Sams River 
     from the headwaters to the confluence with the Queets River, 
     as a scenic river.
       ``(D) The approximately 17.7-mile segment of Matheny Creek 
     from the headwaters to the confluence with the Queets River, 
     to be administered as a scenic river through a cooperative 
     management agreement between the State of Washington and the 
     Secretary of Agriculture, as provided in section 10(e).
       ``(245) Hoh river, washington.--The segment of the Hoh 
     River and the major tributary South Fork Hoh from the 
     headwaters to Olympic National Park boundary, to be 
     administered by the Secretary of the Interior, in the 
     following classes:
       ``(A) The approximately 20.7-mile segment of the Hoh River 
     from the headwaters to Jackson Creek, as a wild river.
       ``(B) The approximately 6.0-mile segment of the Hoh River 
     from Jackson Creek to the Olympic National Park boundary, as 
     a scenic river.
       ``(C) The approximately 13.8-mile segment of the South Fork 
     Hoh River from the headwaters to the Olympic National Park 
     boundary, as a wild river.
       ``(D) The approximately 4.6-mile segment of the South Fork 
     Hoh River from the Olympic National Park boundary to the 
     Washington State Department of Natural Resources boundary in 
     T. 27 N., R. 10 W., sec. 29, to be administered as a 
     recreational river through a cooperative management agreement 
     between the State of Washington and the Secretary of 
     Agriculture, as provided in section 10(e).
       ``(246) Bogachiel river, washington.--The approximately 
     25.6-mile segment of the Bogachiel River from the source to 
     the Olympic National Park boundary, to be administered by the 
     Secretary of the Interior, as a wild river.
       ``(247) South fork calawah river, washington.--The segment 
     of the South Fork Calawah River and the major tributary 
     Sitkum River from the headwaters to Hyas Creek to be 
     administered by the Secretary of Agriculture, except those 
     portions of the river within the boundaries of Olympic 
     National Park shall be administered by the Secretary of the 
     Interior, including the following segments in the following 
     classes:
       ``(A) The approximately 15.7-mile segment of the South Fork 
     Calawah River from the headwaters to the Sitkum River, as a 
     wild river.
       ``(B) The approximately 0.9-mile segment of the South Fork 
     Calawah River from the

[[Page S7484]]

     Sitkum River to Hyas Creek, as a scenic river.
       ``(C) The approximately 1.6-mile segment of the Sitkum 
     River from the headwaters to the Rugged Ridge Wilderness 
     boundary, as a wild river.
       ``(D) The approximately 11.9-mile segment of the Sitkum 
     River from the Rugged Ridge Wilderness boundary to the 
     confluence with the South Fork Calawah, as a scenic river.
       ``(248) Sol duc river, washington.--The segment of the Sol 
     Duc River from the headwaters to the Olympic National Park 
     boundary to be administered by the Secretary of the Interior, 
     including the following segments of the mainstem and certain 
     tributaries in the following classes:
       ``(A) The approximately 7.0-mile segment of the Sol Duc 
     River from the headwaters to the end of Sol Duc Hot Springs 
     Road, as a wild river.
       ``(B) The approximately 10.8-mile segment of the Sol Duc 
     River from the end of Sol Duc Hot Springs Road to the Olympic 
     National Park boundary, as a scenic river.
       ``(C) The approximately 14.2-mile segment of the North Fork 
     Sol Duc River from the headwaters to the Olympic Hot Springs 
     Road bridge, as a wild river.
       ``(D) The approximately 0.2-mile segment of the North Fork 
     Sol Duc River from the Olympic Hot Springs Road bridge to the 
     confluence with the Sol Duc River, as a scenic river.
       ``(E) The approximately 8.0-mile segment of the South Fork 
     Sol Duc River from the headwaters to the confluence with the 
     Sol Duc River, as a scenic river.
       ``(249) Lyre river, washington.--The approximately 0.2-mile 
     segment of the Lyre River from Lake Crescent to the Olympic 
     National Park boundary, to be administered by the Secretary 
     of the Interior as a scenic river.''.
       (2) Effect.--The amendment made by paragraph (1) does not 
     affect valid existing water rights.
       (3) Updates to land and resource management plans.--
       (A) In general.--Except as provided in subparagraph (B), 
     not later than 3 years after the date of enactment of this 
     Act, the Secretary of Agriculture shall, with respect to the 
     designations made under paragraph (1) on land under the 
     jurisdiction of the Secretary, incorporate such designations 
     into updated management plans for units of the National 
     Forest System in accordance with applicable laws (including 
     regulations).
       (B) Exception.--The date specified in subparagraph (A) 
     shall be 5 years after the date of enactment of this Act if 
     the Secretary of Agriculture--
       (i) is unable to meet the requirement under that 
     subparagraph by the date specified in such subparagraph; and
       (ii) not later than 3 years after the date of enactment of 
     this Act, includes in the Department of Agriculture annual 
     budget submission to Congress a request for additional sums 
     as may be necessary to meet the requirement of that 
     subparagraph.
       (C) Comprehensive management plan requirements.--Updated 
     management plans under subparagraph (A) or (B) satisfy the 
     requirements under section 3(d) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(d)).
       (c) Existing Rights and Withdrawal.--
       (1) In general.--In accordance with section 12(b) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in 
     this section or the amendment made by subsection (b)(1) 
     affects or abrogates existing rights, privileges, or 
     contracts held by private parties, nor does this section in 
     any way modify or direct the management, acquisition, or 
     disposition of land managed by the Washington Department of 
     Natural Resources on behalf of the State of Washington.
       (2) Withdrawal.--Subject to valid existing rights, the 
     Federal land within the boundaries of the river segments 
     designated by this section and the amendment made by 
     subsection (b)(1) is withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.
       (d) Treaty Rights.--Nothing in this section alters, 
     modifies, diminishes, or extinguishes the reserved treaty 
     rights of any Indian Tribe with hunting, fishing, gathering, 
     and cultural or religious rights as protected by a treaty.
                                 ______
                                 
  SA 3979. Mrs. MURRAY 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 VII, add the following:

     Subtitle D--Reproductive and Fertility Preservation Assistance

     SEC. 751. DEFINITIONS.

       In this subtitle:
       (1) Active duty.--The term ``active duty'' has the meaning 
     given that term in section 101(d)(1) of title 10, United 
     States Code.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101(a)(4) 
     of such title.

     SEC. 752. ESTABLISHMENT OF FERTILITY PRESERVATION PROCEDURES 
                   AFTER AN INJURY OR ILLNESS.

       (a) In General.--The Secretary of Defense, acting through 
     the Assistant Secretary of Defense for Health Affairs, shall 
     establish procedures for the retrieval of gametes, as soon as 
     medically appropriate, from a member of the Armed Forces in 
     cases in which the fertility of such member is potentially 
     jeopardized as a result of an injury or illness incurred or 
     aggravated while serving on active duty in the Armed Forces 
     in order to preserve the medical options of such member.
       (b) Consent for Retrieval of Gametes.--Gametes may be 
     retrieved from a member of the Armed Forces under subsection 
     (a) only--
       (1) with the specific consent of the member; or
       (2) if the member is unable to consent, if a medical 
     professional determines that--
       (A) the future fertility of the member is potentially 
     jeopardized as a result of an injury or illness described in 
     subsection (a) or will be potentially jeopardized as a result 
     of treating such injury or illness;
       (B) the member lacks the capacity to consent to the 
     retrieval of gametes and is likely to regain such capacity; 
     and
       (C) the retrieval of gametes under this section is in the 
     medical interest of the member.
       (c) Consent for Use of Retrieved Gametes.--Gametes 
     retrieved from a member of the Armed Forces under subsection 
     (a) may be used only--
       (1) with the specific consent of the member; or
       (2) if the member has lost the ability to consent 
     permanently, as determined by a medical professional, as 
     specified in an advance directive or testamentary instrument 
     executed by the member.
       (d) Disposal of Gametes.--In accordance with regulations 
     prescribed by the Secretary for purpose of this subsection, 
     the Secretary shall dispose of gametes retrieved from a 
     member of the Armed Forces under subsection (a)--
       (1) with the specific consent of the member; or
       (2) if the member--
       (A) has lost the ability to consent permanently, as 
     determined by a medical professional; and
       (B) has not specified the use of their gametes in an 
     advance directive or testamentary instrument executed by the 
     member.

     SEC. 753. CRYOPRESERVATION AND STORAGE OF GAMETES OF MEMBERS 
                   OF THE ARMED FORCES ON ACTIVE DUTY.

       (a) In General.--The Secretary of Defense shall provide 
     members of the Armed Forces on active duty in the Armed 
     Forces with the opportunity to cryopreserve and store their 
     gametes prior to--
       (1) deployment to a combat zone; or
       (2) a duty assignment that includes a hazardous assignment, 
     as determined by the Secretary.
       (b) Period of Time.--
       (1) In general.--The Secretary shall provide for the 
     cryopreservation and storage of gametes of any member of the 
     Armed Forces under subsection (a) in a facility of the 
     Department of Defense or of a private entity and the 
     transportation of such gametes, at no cost to the member, 
     until the date that is one year after the retirement, 
     separation, or release of the member from the Armed Forces.
       (2) Continued cryopreservation and storage.--At the end of 
     the one-year period specified in paragraph (1), the Secretary 
     shall permit an individual whose gametes were cryopreserved 
     and stored in a facility of the Department as described in 
     that paragraph to select, including pursuant to an advance 
     medical directive or military testamentary instrument 
     completed under subsection (c), one of the following options:
       (A) To continue such cryopreservation and storage in such 
     facility with the cost of such cryopreservation and storage 
     borne by the individual.
       (B) To transfer the gametes to a private cryopreservation 
     and storage facility selected by the individual.
       (C) To transfer the gametes to a facility of the Department 
     of Veterans Affairs if cryopreservation and storage is 
     available to the individual at such facility.
       (3) Disposal of gametes.--If an individual described in 
     paragraph (2) does not make a selection under subparagraph 
     (A), (B), or (C) of such paragraph, the Secretary may dispose 
     of the gametes of the individual not earlier than the date 
     that is 90 days after the end of the one-year period 
     specified in paragraph (1) with respect to the individual.
       (c) Advance Medical Directive and Military Testamentary 
     Instrument.--A member of the Armed Forces who elects to 
     cryopreserve and store their gametes under this section must 
     complete an advance medical directive, as defined in section 
     1044c(b) of title 10, United States Code, and a military 
     testamentary instrument, as defined in section 1044d(b) of 
     such title, that explicitly specifies the use of their 
     cryopreserved and stored gametes if such member dies or 
     otherwise loses the capacity to consent to the use of their 
     cryopreserved and stored gametes.

[[Page S7485]]

       (d) Agreements.--To carry out this section, the Secretary 
     may enter into agreements with private entities that provide 
     cryopreservation, transportation, and storage services for 
     gametes.

     SEC. 754. ASSISTANCE WITH AND CONTINUITY OF CARE REGARDING 
                   REPRODUCTIVE AND FERTILITY PRESERVATION 
                   SERVICES.

       The Secretary of Defense shall ensure that employees of the 
     Department of Defense assist members of the Armed Forces--
       (1) in navigating the services provided under this 
     subtitle;
       (2) in finding a provider that meets the needs of such 
     members with respect to such services; and
       (3) in continuing the receipt of such services without 
     interruption during a permanent change of station for such 
     members.

     SEC. 755. COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS ON FURNISHING OF 
                   FERTILITY TREATMENT AND COUNSELING.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall share best practices and facilitate 
     referrals, as they consider appropriate, on the furnishing of 
     fertility treatment and counseling to individuals eligible 
     for the receipt of such counseling and treatment from the 
     Secretaries.
       (b) Memorandum of Understanding.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall enter into a 
     memorandum of understanding--
       (1) providing that the Secretary of Defense will ensure 
     access by the Secretary of Veterans Affairs to gametes of 
     veterans stored by the Department of Defense; and
       (2) authorizing the Department of Veterans Affairs to 
     compensate the Department of Defense for the 
     cryopreservation, transportation, and storage of gametes of 
     veterans under section 753.

     SEC. 756. MODERNIZATION AND EXPANSION OF ASSISTED 
                   REPRODUCTIVE TECHNOLOGY PROGRAM.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall develop and submit 
     to Congress a strategy to modernize and expand the program 
     described in the memorandum on the subject of ``Policy for 
     Assisted Reproductive Services for the Benefit of Seriously 
     or Severely Ill/Injured (Category II or III) Active Duty 
     Service Members'' issued by the Assistant Secretary of 
     Defense for Health Affairs on April 3, 2012.
                                 ______
                                 
  SA 3980. Mr. CARDIN (for himself and Mr. Wicker) 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. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS 
                   WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.

       (a) Definitions.--Section 1262 of the Global Magnitsky 
     Human Rights Accountability Act (Subtitle F of title XII of 
     Public Law 114-328; 22 U.S.C. 2656 note) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Immediate family member.--The term `immediate family 
     member', with respect to a foreign person, means the spouse, 
     parent, sibling, or adult child of the person.''.
       (b) Sense of Congress.--The Global Magnitsky Human Rights 
     Accountability Act (Subtitle F of title XII of Public Law 
     114-328; 22 U.S.C. 2656 note) is amended by inserting after 
     section 1262 the following new section:

     ``SEC. 1262A. SENSE OF CONGRESS.

       ``It is the sense of Congress that the President should 
     establish and regularize information sharing and sanctions-
     related decision making with like-minded governments 
     possessing human rights and anti-corruption sanctions 
     programs similar in nature to those authorized under this 
     subtitle.''.
       (c) Imposition of Sanctions.--
       (1) In general.--Subsection (a) of section 1263 of the 
     Global Magnitsky Human Rights Accountability Act (Subtitle F 
     of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
     amended to read as follows:
       ``(a) In General.--The President may impose the sanctions 
     described in subsection (b) with respect to--
       ``(1) any foreign person that the President determines, 
     based on credible information--
       ``(A) is responsible for or complicit in, or has directly 
     or indirectly engaged in, serious human rights abuse;
       ``(B) is a current or former government official, or a 
     person acting for or on behalf of such an official, who is 
     responsible for or complicit in, or has directly or 
     indirectly engaged in--
       ``(i) corruption, including--

       ``(I) the misappropriation of state assets;
       ``(II) the expropriation of private assets for personal 
     gain;
       ``(III) corruption related to government contracts or the 
     extraction of natural resources; or
       ``(IV) bribery; or

       ``(ii) the transfer or facilitation of the transfer of the 
     proceeds of corruption;
       ``(C) is or has been a leader or official of--
       ``(i) an entity, including a government entity, that has 
     engaged in, or whose members have engaged in, any of the 
     activities described in subparagraph (A) or (B) related to 
     the tenure of the leader or official; or
       ``(ii) an entity whose property and interests in property 
     are blocked pursuant to this section as a result of 
     activities related to the tenure of the leader or official;
       ``(D) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to or in support of--
       ``(i) an activity described in subparagraph (A) or (B) that 
     is conducted by a foreign person;
       ``(ii) a person whose property and interests in property 
     are blocked pursuant to this section; or
       ``(iii) an entity, including a government entity, that has 
     engaged in, or whose members have engaged in, an activity 
     described in subparagraph (A) or (B) conducted by a foreign 
     person; or
       ``(E) is owned or controlled by, or has acted or been 
     purported to act for or on behalf of, directly or indirectly, 
     a person whose property and interests in property are blocked 
     pursuant to this section; and
       ``(2) any immediate family member of a person described in 
     paragraph (1).''.
       (2) Consideration of certain information.--Subsection 
     (c)(2) of such section is amended by inserting ``corruption 
     and'' after ``monitor''.
       (3) Requests by congress.--Subsection (d) of such section 
     is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (a)'' and inserting ``subsection (a)(1)''; and
       (ii) in subparagraph (B)(i), by inserting ``or an immediate 
     family member of the person''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``human rights 
     violations'' and inserting ``serious human rights abuse''; 
     and
       (II) by striking ``described in paragraph (1) or (2) of 
     subsection (a)'' and inserting ``described in subsection 
     (a)(1) relating to serious human rights abuse''; and

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``described in paragraph (3) or (4) of subsection (a)'' and 
     inserting ``described in subsection (a)(1) relating to 
     corruption or the transfer or facilitation of the transfer of 
     the proceeds of corruption''; and
       (II) by striking ``ranking member of'' and all that follows 
     through the period at the end and inserting ``ranking member 
     of one of the appropriate congressional committees''.

       (4) Termination of sanctions.--Subsection (g) of such 
     section is amended, in the matter preceding paragraph (1), by 
     inserting ``and the immediate family members of that person'' 
     after ``a person''.
       (d) Reports to Congress.--Section 1264(a) of the Global 
     Magnitsky Human Rights Accountability Act (Subtitle F of 
     title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
     amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) A description of additional steps taken by the 
     President through diplomacy, international engagement, and 
     assistance to foreign or security sectors to address 
     persistent underlying causes of serious human rights abuse 
     and corruption in each country in which foreign persons with 
     respect to which sanctions have been imposed under section 
     1263 are located.''.
       (e) Repeal of Sunset.--Section 1265 of the Global Magnitsky 
     Human Rights Accountability Act (Subtitle F of title XII of 
     Public Law 114-328; 22 U.S.C. 2656 note) is repealed.
                                 ______
                                 
  SA 3981. Mr. CARDIN (for himself and Mr. Young) 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. COMBATING GLOBAL CORRUPTION.

       (a) Definitions.--In this section:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.

[[Page S7486]]

       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.
       (b) Publication of Tiered Ranking List.--
       (1) In general.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (2) Tier 1 countries.--A country shall be ranked as a tier 
     1 country in the ranking published under paragraph (1) if the 
     government of such country is complying with the minimum 
     standards set forth in subsection (c).
       (3) Tier 2 countries.--A country shall be ranked as a tier 
     2 country in the ranking published under paragraph (1) if the 
     government of such country is making efforts to comply with 
     the minimum standards set forth in subsection (c), but is not 
     achieving the requisite level of compliance to be ranked as a 
     tier 1 country.
       (4) Tier 3 countries.--A country shall be ranked as a tier 
     3 country in the ranking published under paragraph (1) if the 
     government of such country is making de minimis or no efforts 
     to comply with the minimum standards set forth in subsection 
     (c).
       (c) Minimum Standards for the Elimination of Corruption and 
     Assessment of Efforts to Combat Corruption.--
       (1) In general.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (A) has enacted and implemented laws and established 
     government structures, policies, and practices that prohibit 
     corruption, including significant corruption;
       (B) enforces the laws described in subparagraph (A) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (C) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (D) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (2) Factors for assessing government efforts to combat 
     corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (A) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (B) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (C) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (D) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (E) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat 
     corruption, including reporting, investigating, and 
     monitoring;
       (F) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (G) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (H) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (I) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (J) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (K) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (L) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (M) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (3) Assessing government efforts to combat corruption in 
     relation to relevant international commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (A) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (B) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'').
       (C) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (D) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (E) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.
       (d) Imposition of Sanctions Under Global Magnitsky Human 
     Rights Accountability Act.--
       (1) In general.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (A) in all countries identified as tier 3 countries under 
     subsection (b); or
       (B) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (2) Report required.--Not later than 180 days after 
     publishing the list required by subsection (b)(1) and 
     annually thereafter, the Secretary of State shall submit to 
     the committees specified in paragraph (6) a report that 
     includes--
       (A) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     paragraph (1);
       (B) the dates on which such sanctions were imposed;
       (C) the reasons for imposing such sanctions; and
       (D) a list of all foreign persons found to have been 
     engaged in significant corruption in relation to the 
     planning, construction, or operation of the Nord Stream 2 
     pipeline.
       (3) Form of report.--Each report required by paragraph (2) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (4) Briefing in lieu of report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by paragraph (2)(D)) 
     provide a briefing to the committees specified in paragraph 
     (6) instead of submitting a written report required under 
     paragraph (2), if doing so would better serve existing United 
     States anti-corruption efforts or the national interests of 
     the United States.
       (5) Termination of requirements relating to nord stream 
     2.--The requirements under paragraphs (1)(B) and (2)(D) shall 
     terminate on the date that is 5 years after the date of the 
     enactment of this Act.
       (6) Committees specified.--The committees specified in this 
     subsection are--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.
       (e) Designation of Embassy Anti-corruption Points of 
     Contact.--
       (1) In general.--The Secretary of State shall annually 
     designate an anti-corruption point of contact at the United 
     States diplomatic post to each country identified as tier 2 
     or tier 3 under subsection (b), or which the Secretary 
     otherwise determines is in need of such a point of contact. 
     The point of contact shall be the chief of mission or the 
     chief of mission's designee.
       (2) Responsibilities.--Each anti-corruption point of 
     contact designated under subsection (a) shall be responsible 
     for enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (A) promote good governance in foreign countries; and
       (B) enhance the ability of such countries--
       (i) to combat public corruption; and
       (ii) to develop and implement corruption risk assessment 
     tools and mitigation strategies.

[[Page S7487]]

       (3) Training.--The Secretary of State shall implement 
     appropriate training for anti-corruption points of contact 
     designated under paragraph (1).
                                 ______
                                 
  SA 3982. Mr. CARDIN 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 division A, add the following:

     TITLE XVII--COMBATING CORRUPTION AND PROMOTING ACCOUNTABILITY 
                            INTERNATIONALLY

Subtitle A--Transnational Repression Accountability and Prevention Act 
                                of 2021

     SEC. 1701. SHORT TITLE.

       This subtitle may be cited as the ``Transnational 
     Repression Accountability and Prevention Act of 2021'' or as 
     the ``TRAP Act of 2021''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) The International Criminal Police Organization 
     (INTERPOL) works to prevent and fight crime through enhanced 
     cooperation and innovation on police and security matters, 
     including kleptocracy, counterterrorism, cybercrime, 
     counternarcotics, and transnational organized crime.
       (2) United States membership and participation in INTERPOL 
     advances the national security and law enforcement interests 
     of the United States related to combating kleptocracy, 
     terrorism, cybercrime, narcotics, and transnational organized 
     crime.
       (3) Article 2 of INTERPOL's Constitution states that the 
     organization aims ``[to] ensure and promote the widest 
     possible mutual assistance between all criminal police 
     authorities . . . in the spirit of the `Universal Declaration 
     of Human Rights' ''.
       (4) Article 3 of INTERPOL's Constitution states that ``[i]t 
     is strictly forbidden for the Organization to undertake any 
     intervention or activities of a political, military, 
     religious or racial character''.
       (5) These principles provide INTERPOL with a foundation 
     based on respect for human rights and avoidance of 
     politically motivated actions by the organization and its 
     members.
       (6) Some INTERPOL member countries have used INTERPOL's 
     databases and processes, including Notice and Diffusion 
     mechanisms and the Stolen and Lost Travel Document Database, 
     for activities of a political or other unlawful character and 
     in violation of international human rights standards, 
     including making requests to INTERPOL for interventions 
     related to purported charges of ordinary law crimes that are 
     fabricated for political or other unlawful motives.
       (7) According to the Justice Manual of the United States 
     Department of Justice, ``[i]n the United States, national law 
     prohibits the arrest of the subject of a Red Notice issued by 
     another INTERPOL member country, based upon the notice 
     alone'' and requires the existence of a valid extradition 
     treaty between the requesting country and the United States, 
     a valid request for provisional arrest of the subject 
     individual, and an arrest warrant issued by a United States 
     District Court based on a complaint filed by the United 
     States Attorney's Office of the subject jurisdiction.

     SEC. 1703. STATEMENT OF POLICY.

       It is the policy of the United States:
       (1) To use the voice, vote, and influence of the United 
     States, as appropriate, within INTERPOL's General Assembly 
     and Executive Committee to promote the following objectives 
     aimed at improving the transparency of INTERPOL and ensuring 
     its operation consistent with its Constitution, particularly 
     articles 2 and 3, and Rules on the Processing of Data:
       (A) Support INTERPOL's reforms enhancing the screening 
     process for Notices, Diffusions, and other INTERPOL 
     communications to ensure they comply with INTERPOL's 
     Constitution and Rules on the Processing of Data (RPD).
       (B) Support and strengthen INTERPOL's coordination with the 
     Commission for Control of INTERPOL's Files (CCF) in cases in 
     which INTERPOL or the CCF has determined that a member 
     country issued a Notice, Diffusion, or other INTERPOL 
     communication against an individual in violation of articles 
     2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit 
     such member country from seeking the publication or issuance 
     of any subsequent Notices, Diffusions, or other INTERPOL 
     communication against the same individual based on the same 
     set of claims or facts.
       (C) Support candidates for positions within INTERPOL's 
     structures, including the Presidency, Executive Committee, 
     General Secretariat, and CCF who have demonstrated experience 
     relating to and respect for the rule of law.
       (D) Seek to require INTERPOL in its annual report to 
     provide a detailed account of the following information, 
     disaggregated by member country or entity:
       (i) The number of Notice requests, disaggregated by color, 
     that it received.
       (ii) The number of Notice requests, disaggregated by color, 
     that it rejected.
       (iii) The category of violation identified in each instance 
     of a rejected Notice.
       (iv) The number of Diffusions that it cancelled without 
     reference to decisions by the CCF.
       (v) The sources of all INTERPOL income during the reporting 
     period.
       (E) Support greater transparency by the CCF in its annual 
     report by providing a detailed account of the following 
     information, disaggregated by country:
       (i) The number of admissible requests for correction or 
     deletion of data received by the CCF regarding issued 
     Notices, Diffusions, and other INTERPOL communications.
       (ii) The category of violation alleged in each such 
     complaint.
       (2) Put in place procedures, as appropriate, for sharing 
     with relevant departments and agencies credible information 
     of likely attempts by member countries to abuse INTERPOL 
     communications for politically motivated or other unlawful 
     purposes so that, as appropriate, action can be taken in 
     accordance with their respective institutional mandates.

     SEC. 1704. REPORT ON THE ABUSE OF INTERPOL SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General, in 
     coordination with the Secretary of Homeland Secretary, the 
     Secretary of State, and the heads of other relevant United 
     States Government departments or agencies shall submit to the 
     appropriate congressional committees a report containing an 
     assessment of how INTERPOL member countries abuse INTERPOL 
     Red Notices, Diffusions, and other INTERPOL communications 
     for political motives and other unlawful purposes within the 
     past three years.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of the most common tactics employed by 
     member countries in conducting such abuse, including the 
     crimes most commonly alleged and the INTERPOL communications 
     most commonly exploited.
       (2) An assessment of the adequacy of INTERPOL mechanisms 
     for challenging abusive re- quests, including the Commission 
     for the Control of INTERPOL's Files (CCF), and any 
     shortcoming the United States believes should be addressed.
       (3) A description of any incidents in which the Department 
     of Justice assesses that United States courts and executive 
     departments or agencies have relied on INTERPOL 
     communications in contravention of existing law or policy to 
     seek the detention of individuals or render judgments 
     concerning their immigration status or requests for asylum, 
     with holding of removal, or convention against torture claims 
     and any measures the Department of Justice or other executive 
     departments or agencies took in response to these incidents.
       (4) A description of how the United States monitors and 
     responds to likely instances of abuse of INTERPOL 
     communications by member countries that could affect the 
     interests of the United States, including citizens and 
     nationals of the United States, employees of the United 
     States Government, aliens lawfully admitted for permanent 
     residence in the United States, aliens who are lawfully 
     present in the United States, or aliens with pending asylum, 
     withholding of removal, or convention against torture claims, 
     though they may be unlawfully present in the United States.
       (5) A description of what actions the United States takes 
     in response to credible information it receives concerning 
     likely abuse of INTERPOL communications targeting employees 
     of the United States Government for activities they undertook 
     in an official capacity.
       (6) A description of United States advocacy for reform and 
     good governance within INTERPOL.
       (7) A strategy for improving interagency coordination to 
     identify and address instances of INTERPOL abuse that affect 
     the interests of the United States, including international 
     respect for human rights and fundamental freedoms, citizens 
     and nationals of the United States, employees of the United 
     States Government, aliens lawfully admitted for permanent 
     residence in the United States, aliens who are lawfully 
     present in the United States, or aliens with pending asylum, 
     withholding of removal, or convention against torture claims, 
     though they may be unlawfully present in the United States.
       (8) An estimate of the costs involved in establishing such 
     improvements.
       (c) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form and be published in 
     the Federal Register, but may include a classified annex, as 
     appropriate.
       (d) Briefing.--Not later than 180 days after the submission 
     of the report in subsection (a), and every 180 days after for 
     two years, the Department of Justice, in coordination with 
     the Department of Homeland Secretary, the Department of 
     State, and the heads of other relevant United States 
     Government departments and agencies shall brief the 
     appropriate congressional committees on recent instances of 
     INTERPOL abuse by member countries and United States efforts 
     to identify and challenge such abuse, including efforts to 
     promote reform and good governance within INTERPOL.

[[Page S7488]]

  


     SEC. 1705. PROHIBITION ON DENIAL OF SERVICES.

       (a) Arrests.--No United States Government department or 
     agency may arrest an individual for the purpose of 
     extradition who is the subject of an INTERPOL Red Notice or 
     Diffusion issued by another INTERPOL member country, based 
     solely upon the INTERPOL communication without--
       (1) prior verification of the individual's eligibility for 
     extradition under a valid bilateral extradition treaty for 
     the specified crime or crimes;
       (2) receipt of a valid request for provisional arrest from 
     the requesting country; and
       (3) the issuance of an arrest warrant in compliance with 
     section 3184 of title 18, United States Code.
       (b) Removal and Travel Restrictions.--No United States 
     Government department or agency may make use of any INTERPOL 
     Notice, Diffusion, or other INTERPOL communication, or the 
     information contained therein, published on behalf of another 
     INTERPOL member country as the sole basis to detain or 
     otherwise deprive an individual of freedom, to remove an 
     individual from the United States, or to deny a visa, asylum, 
     citizenship, other immigration status, or participation in 
     any trusted traveler program of the Transportation Security 
     Administration, without independent credible evidence 
     supporting such a determination.

     SEC. 1706. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

        The Foreign Assistance Act of 1961 is amended--
       (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
     the following new subsection:
       ``(h) Politically Motivated Reprisal Against Individuals 
     Outside the Country.--The report required by subsection (d) 
     shall include examples from credible reporting of likely 
     attempts by countries to misuse international law enforcement 
     tools, such as INTERPOL communications, for politically-
     motivated reprisal against specific individuals located in 
     other countries.''; and
       (2) in section 502B (22 U.S.C. 2304)--
       (A) by redesignating the second subsection (i) (relating to 
     child marriage status) as subsection (j); and
       (B) by adding at the end the following new subsection:
       ``(k) Politically Motivated Reprisal Against Individuals 
     Outside the Country.--The report required by subsection (b) 
     shall include examples from credible reporting of likely 
     attempts by countries to misuse international law enforcement 
     tools, such as INTERPOL communications, for politically 
     motivated reprisal against specific individuals located in 
     other countries.''.

     SEC. 1707. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on the Judiciary of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on the Judiciary of the 
     House of Representatives.
       (2) INTERPOL communications.--The term ``INTERPOL 
     communications'' means any INTERPOL Notice or Diffusion or 
     any entry into any INTERPOL database or other communications 
     system maintained by INTERPOL.

   Subtitle B--Countering Russian and Other Overseas Kleptocracy Act

     SEC. 1711. SHORT TITLES.

       This subtitle may be cited as the ``Countering Russian and 
     Other Overseas Kleptocracy Act'' or the ``CROOK Act''.

     SEC. 1712. FINDINGS.

       Congress makes the following findings:
       (1) Authoritarian leaders in foreign countries abuse their 
     power to steal assets from state institutions, enrich 
     themselves at the expense of their countries' economic 
     development, and use corruption as a strategic tool both to 
     solidify their grip on power and to undermine democratic 
     institutions abroad.
       (2) Global corruption harms the competitiveness of United 
     States businesses, weakens democratic governance, feeds 
     terrorist recruitment and transnational organized crime, 
     enables drug smuggling and human trafficking, and stymies 
     economic growth.
       (3) Illicit financial flows often penetrate countries 
     through what appear to be legitimate financial transactions, 
     as kleptocrats launder money, use shell companies, amass 
     offshore wealth, and participate in a global shadow economy.
       (4) The Government of the Russian Federation is a leading 
     model of this type of kleptocratic system, using state-
     sanctioned corruption to both erode democratic governance 
     from within and discredit democracy abroad, thereby 
     strengthening the authoritarian rule of Vladimir Putin.
       (5) Corrupt individuals and entities in the Russian 
     Federation, often with the backing and encouragement of 
     political leadership, use stolen money--
       (A) to purchase key assets in other countries, often with a 
     goal of attaining monopolistic control of a sector;
       (B) to gain access to and influence the policies of other 
     countries; and
       (C) to advance Russian interests in other countries, 
     particularly those that undermine confidence and trust in 
     democratic systems.
       (6) Systemic corruption in the People's Republic of China, 
     often tied to, directed by, or backed by the leadership of 
     the Chinese Communist Party and the Chinese Government is 
     used--
       (A) to provide unfair advantage to certain People's 
     Republic of China economic entities;
       (B) to increase other countries' economic dependence on the 
     People's Republic of China to secure greater deference to the 
     People's Republic of China's diplomatic and strategic goals; 
     and
       (C) to exploit corruption in foreign governments and among 
     other political elites to enable People's Republic of China 
     state-backed firms to pursue predatory and exploitative 
     economic practices.
       (7) Thwarting these tactics by Russian, Chinese, and other 
     kleptocratic actors requires the international community to 
     strengthen democratic governance and the rule of law. 
     International cooperation in combating corruption and illicit 
     finance is vital to such efforts, especially by empowering 
     reformers in foreign countries during historic political 
     openings for the establishment of the rule of law in those 
     countries.
       (8) Technical assistance programs that combat corruption 
     and strengthen the rule of law, including through assistance 
     provided by the Department of State's Bureau of International 
     Narcotics and Law Enforcement Affairs and the United States 
     Agency for International Development, and through programs 
     like the Department of Justice's Office of Overseas 
     Prosecutorial Development, Assistance and Training and the 
     International Criminal Investigative Training Assistance 
     Program, can have lasting and significant impacts for both 
     foreign and United States interests.
       (9) There currently exist numerous international 
     instruments to combat corruption, kleptocracy, and illicit 
     finance, including--
       (A) the Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996;
       (B) the Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'');
       (C) the United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000;
       (D) the United Nations Convention against Corruption, done 
     at New York October 31, 2003;
       (E) Recommendation of the Council for Further Combating 
     Bribery of Foreign Public Officials in International Business 
     Transactions, adopted November 26, 2009; and
       (F) recommendations of the Financial Action Task Force 
     comprising the International Standards on Combating Money 
     Laundering and the Financing of Terrorism and Proliferation.

     SEC. 1713. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Finance of the Senate;
       (D) the Committee on the Judiciary of the Senate;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives;
       (F) the Committee on Financial Services of the House of 
     Representatives;
       (G) the Committee on Ways and Means of the House of 
     Representatives; and
       (H) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Foreign assistance.--The term ``foreign assistance'' 
     means foreign assistance authorized under the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2251 et seq.).
       (3) Foreign state.--The term ``foreign state'' has the 
     meaning given such term in section 1603(a) of title 28, 
     United States Code.
       (4) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (5) Public corruption.--The term ``public corruption'' 
     includes the unlawful exercise of entrusted public power for 
     private gain, such as through bribery, nepotism, fraud, 
     extortion, or embezzlement.
       (6) Rule of law.--The term ``rule of law'' means the 
     principle of governance in which all persons, institutions, 
     and entities, whether public or private, including the state, 
     are accountable to laws that are--
       (A) publicly promulgated;
       (B) equally enforced;
       (C) independently adjudicated; and
       (D) consistent with international human rights norms and 
     standards.

     SEC. 1714. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to leverage United States diplomatic engagement and 
     foreign assistance to promote the rule of law;
       (2)(A) to promote international instruments to combat 
     corruption, kleptocracy, and illicit finance, including 
     instruments referred to in section 1712(9), and other 
     relevant international standards and best practices, as such 
     standards and practices develop; and
       (B) to promote the adoption and implementation of such 
     laws, standards, and practices by foreign states;

[[Page S7489]]

       (3) to support foreign states in promoting good governance 
     and combating public corruption;
       (4) to encourage and assist foreign partner countries to 
     identify and close loopholes in their legal and financial 
     architecture, including the misuse of anonymous shell 
     companies, free trade zones, and other legal structures, that 
     are enabling illicit finance to penetrate their financial 
     systems;
       (5) to help foreign partner countries to investigate, 
     prosecute, adjudicate, and more generally combat the use of 
     corruption by malign actors, including authoritarian 
     governments, particularly the Government of the Russian 
     Federation and the Government of the People's Republic of 
     China, as a tool of malign influence worldwide;
       (6) to assist in the recovery of kleptocracy-related stolen 
     assets for victims, including through the use of appropriate 
     bilateral arrangements and international agreements, such as 
     the United Nations Convention against Corruption, done at New 
     York October 31, 2003, and the United Nations Convention 
     against Transnational Organized Crime, done at New York 
     November 15, 2000;
       (7) to use sanctions authorities, such as the Global 
     Magnitsky Human Rights Accountability Act (subtitle F of 
     title XII of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)) 
     and section 7031(c) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2020 
     (division G of Public Law 116-94), to identify and take 
     action against corrupt foreign actors;
       (8) to ensure coordination between relevant Federal 
     departments and agencies with jurisdiction over the 
     advancement of good governance in foreign states; and
       (9) to lead the creation of a formal grouping of like-
     minded states--
       (A) to coordinate efforts to counter corruption, 
     kleptocracy, and illicit finance; and
       (B) to strengthen collective financial defense.

     SEC. 1715. ANTI-CORRUPTION ACTION FUND.

       (a) Establishment.--There is established in the United 
     States Treasury a fund, to be known as the ``Anti-Corruption 
     Action Fund'', only for the purposes of--
       (1) strengthening the capacity of foreign states to prevent 
     and fight public corruption;
       (2) assisting foreign states to develop rule of law-based 
     governance structures, including accountable civilian police, 
     prosecutorial, and judicial institutions;
       (3) supporting foreign states to strengthen domestic legal 
     and regulatory frameworks to combat public corruption, 
     including the adoption of best practices under international 
     law; and
       (4) supplementing existing foreign assistance and diplomacy 
     with respect to efforts described in paragraphs (1), (2), and 
     (3).
       (b) Funding.--
       (1) Transfers.--Beginning on or after the date of the 
     enactment of this Act, if total criminal fines and penalties 
     in excess of $50,000,000 are imposed against a person under 
     the Foreign Corrupt Practices Act of 1977 (Public Law 95-213) 
     or section 13, 30A, or 32 of the Securities Exchange Act of 
     1934 (15 U.S.C. 78m, 78dd-1, and 78ff), whether pursuant to a 
     criminal prosecution, enforcement proceeding, deferred 
     prosecution agreement, nonprosecution agreement, a 
     declination to prosecute or enforce, or any other resolution, 
     the court (in the case of a conviction) or the Attorney 
     General shall impose an additional prevention payment equal 
     to $5,000,000 against such person, which shall be deposited 
     in the Anti-Corruption Action Fund established under 
     subsection (a).
       (2) Availability of funds.--Amounts deposited into the 
     Anti-Corruption Action Fund pursuant to paragraph (1) shall 
     be available to the Secretary of State only for the purposes 
     described in subsection (a), without fiscal year limitation 
     or need for subsequent appropriation.
       (3) Limitation.--None of the amounts made available to the 
     Secretary of State from the Anti-Corruption Action Fund may 
     be used inside the United States, except for administrative 
     costs related to overseas program implementation pursuant to 
     subsection (a).
       (c) Support.--The Anti-Corruption Action Fund--
       (1) may support governmental and nongovernmental parties in 
     advancing the purposes described in subsection (a); and
       (2) shall be allocated in a manner complementary to 
     existing United States foreign assistance, diplomacy, and 
     anti-corruption activities.
       (d) Allocation and Prioritization.--In programming foreign 
     assistance made available through the Anti-Corruption Action 
     Fund, the Secretary of State, in coordination with the 
     Attorney General, shall prioritize projects that--
       (1) assist countries that are undergoing historic 
     opportunities for democratic transition, combating 
     corruption, and the establishment of the rule of law; and
       (2) are important to United States national interests.
       (e) Technical Assistance Providers.--For any technical 
     assistance to a foreign governmental party under this 
     section, the Secretary of State, in coordination with the 
     Attorney General, shall prioritize United States Government 
     technical assistance providers as implementers, in particular 
     the Office of Overseas Prosecutorial Development, Assistance 
     and Training and the International Criminal Investigative 
     Training Assistance Program at the Department of Justice.
       (f) Public Diplomacy.--The Secretary of State shall 
     announce that funds deposited in the Anti-Corruption Action 
     Fund are derived from actions brought under the Foreign 
     Corrupt Practices Act to demonstrate that the use of such 
     funds are--
       (1) contributing to international anti-corruption work; and
       (2) reducing the pressure that United States businesses 
     face to pay bribes overseas, thereby contributing to greater 
     competitiveness of United States companies.
       (g) Reporting.--Not later than 1 year after the date of the 
     enactment of this Act and not less frequently than annually 
     thereafter, the Secretary of State shall submit a report to 
     the appropriate congressional committees that contains--
       (1) the balance of the funding remaining in the Anti-
     Corruption Action Fund;
       (2) the amount of funds that have been deposited into the 
     Anti-Corruption Action Fund; and
       (3) a summary of the obligation and expenditure of such 
     funds.
       (h) Notification Requirements.--None of the amounts made 
     available to the Secretary of State from the Anti-Corruption 
     Action Fund pursuant to this section shall be available for 
     obligation, or for transfer to other departments, agencies, 
     or entities, unless the Secretary of State notifies the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives, not later 
     than 15 days in advance of such obligation or transfer.

     SEC. 1716. INTERAGENCY ANTI-CORRUPTION TASK FORCE.

       (a) In General.--The Secretary of State, in cooperation 
     with the Interagency Anti-Corruption Task Force established 
     pursuant to subsection (b), shall manage a whole-of-
     government effort to improve coordination among Federal 
     departments and agencies and donor organizations with a role 
     in--
       (1) promoting good governance in foreign states; and
       (2) enhancing the ability of foreign states to combat 
     public corruption.
       (b) Interagency Anti-Corruption Task Force.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of State shall establish and convene the 
     Interagency Anti-Corruption Task Force (referred to in this 
     section as the ``Task Force''), which shall be composed of 
     representatives appointed by the President from appropriate 
     departments and agencies, including the Department of State, 
     the United States Agency for International Development, the 
     Department of Justice, the Department of the Treasury, the 
     Department of Homeland Security, the Department of Defense, 
     the Department of Commerce, the Millennium Challenge 
     Corporation, and the intelligence community.
       (c) Additional Meetings.--The Task Force shall meet not 
     less frequently than twice per year.
       (d) Duties.--The Task Force shall--
       (1) evaluate, on a general basis, the effectiveness of 
     existing foreign assistance programs, including programs 
     funded by the Anti-Corruption Action Fund, that have an 
     impact on--
       (A) promoting good governance in foreign states; and
       (B) enhancing the ability of foreign states to combat 
     public corruption;
       (2) assist the Secretary of State in managing the whole-of-
     government effort described in subsection (a);
       (3) identify general areas in which such whole-of-
     government effort could be enhanced; and
       (4) recommend specific programs for foreign states that may 
     be used to enhance such whole-of-government effort.
       (e) Briefing Requirement.--Not later than 1 year after the 
     date of the enactment of this Act and not less frequently 
     than annually thereafter through the end of fiscal year 2026, 
     the Secretary of State shall provide a briefing to the 
     appropriate congressional committees regarding the ongoing 
     work of the Task Force. The briefing shall include the 
     participation of a representative of each of the departments 
     and agencies described in subsection (b), to the extent 
     feasible.

     SEC. 1717. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF 
                   CONTACT.

       (a) Embassy Anti-Corruption Point of Contact.--The chief of 
     mission of each United States embassy shall designate an 
     anti-corruption point of contact for each such embassy.
       (b) Duties.--The designated anti-corruption points of 
     contact designated pursuant to subsection (a) shall--
       (1) coordinate, in accordance with guidance from the 
     Interagency Anti-Corruption Task Force established pursuant 
     to section 1716(b), an interagency approach within United 
     States embassies to combat public corruption in the foreign 
     states in which such embassies are located that is tailored 
     to the needs of such foreign states, including all relevant 
     Federal departments and agencies with a presence in such 
     foreign states, such as the Department of State, the United 
     States Agency for International Development, the Department 
     of Justice, the Department of the Treasury, the Department of 
     Homeland Security, the Department of Defense, the Millennium 
     Challenge Corporation, and the intelligence community;
       (2) make recommendations regarding the use of the Anti-
     Corruption Action Fund and other foreign assistance funding 
     related to

[[Page S7490]]

     anti-corruption efforts in their respective countries of 
     responsibility that aligns with United States diplomatic 
     engagement; and
       (3) ensure that anti-corruption activities carried out 
     within their respective countries of responsibility are 
     included in regular reporting to the Secretary of State and 
     the Interagency Anti-Corruption Task Force, including United 
     States embassy strategic planning documents and foreign 
     assistance-related reporting, as appropriate.
       (c) Training.--The Secretary of State shall develop and 
     implement appropriate training for the designated anti-
     corruption points of contact.

     SEC. 1718. REPORTING REQUIREMENTS.

       (a) Report or Briefing on Progress Toward Implementation.--
     Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter for the following 3 years, 
     the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, the Attorney General, and the Secretary of the 
     Treasury, shall submit a report or provide a briefing to the 
     appropriate congressional committees that summarizes progress 
     made in combating public corruption and in implementing this 
     subtitle, including--
       (1) identifying opportunities and priorities for outreach 
     with respect to promoting the adoption and implementation of 
     relevant international law and standards in combating public 
     corruption, kleptocracy, and illicit finance;
       (2) describing--
       (A) the bureaucratic structure of the offices within the 
     Department of State and the United States Agency for 
     International Development that are engaged in activities to 
     combat public corruption, kleptocracy, and illicit finance; 
     and
       (B) how such offices coordinate their efforts with each 
     other and with other relevant Federal departments and 
     agencies;
       (3) providing a description of how the provisions under 
     subsections (d) and (e) of section 1705 have been applied to 
     each project funded by the Anti-Corruption Action Fund;
       (4) providing an explanation as to why a United States 
     Government technical assistance provider was not used if 
     technical assistance to a foreign governmental entity is not 
     implemented by a United States Government technical 
     assistance provider;
       (5) describing the activities of the Interagency Anti-
     Corruption Task Force established pursuant to section 
     1706(b);
       (6) identifying--
       (A) the designated anti-corruption points of contact for 
     foreign states; and
       (B) any training provided to such points of contact; and
       (7) recommending additional measures that would enhance the 
     ability of the United States Government to combat public 
     corruption, kleptocracy, and illicit finance overseas.
       (b) Online Platform.--The Secretary of State, in 
     conjunction with the Administrator of the United States 
     Agency for International Development, should consolidate 
     existing reports with anti-corruption components into a 
     single online, public platform that includes--
       (1) the Annual Country Reports on Human Rights Practices 
     required under section 116 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151n);
       (2) the Fiscal Transparency Report required under section 
     7031(b) of the Department of State, Foreign Operations and 
     Related Programs Appropriations Act, 2019 (division F of 
     Public Law 116-6);
       (3) the Investment Climate Statement reports;
       (4) the International Narcotics Control Strategy Report;
       (5) any other relevant public reports; and
       (6) links to third-party indicators and compliance 
     mechanisms used by the United States Government to inform 
     policy and programming, as appropriate, such as--
       (A) the International Finance Corporation's Doing Business 
     surveys;
       (B) the International Budget Partnership's Open Budget 
     Index; and
       (C) multilateral peer review anti-corruption compliance 
     mechanisms, such as--
       (i) the Organisation for Economic Co-operation and 
     Development's Working Group on Bribery in International 
     Business Transactions;
       (ii) the Follow-Up Mechanism for the Inter-American 
     Convention Against Corruption; and
       (iii) the United Nations Convention Against Corruption, 
     done at New York October 31, 2003.
                                 ______
                                 
  SA 3983. Mr. TESTER (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him 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. TECHNICAL CORRECTION TO ELIGIBILITY FOR COUNSELING 
                   AND TREATMENT FOR MILITARY SEXUAL TRAUMA TO 
                   INCLUDE ALL FORMER MEMBERS OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       Section 1720D of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``a physical assault of a 
     sexual nature'' and all that follows through the period at 
     the end and inserting ``military sexual trauma.''; and
       (B) in paragraph (2)(A), by striking ``that was suffered by 
     the member while serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10)''; and
       (2) by striking subsections (f) and (g) and inserting the 
     following new subsection (f):
       ``(f) In this section:
       ``(1) The term `former member of the Armed Forces' means a 
     person who served on active duty, active duty for training, 
     or inactive duty training, and who was discharged or released 
     therefrom under any condition that is not--
       ``(A) a discharge by court-martial; or
       ``(B) a discharge subject to a bar to benefits under 
     section 5303 of this title.
       ``(2) The term `military sexual trauma' means, with respect 
     to a former member of the Armed Forces, a physical assault of 
     a sexual nature, battery of a sexual nature, or sexual 
     harassment which occurred while the former member of the 
     Armed Forces was serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10).
       ``(3) The term `sexual harassment' means unsolicited verbal 
     or physical contact of a sexual nature which is threatening 
     in character.''.
                                 ______
                                 
  SA 3984. Mr. TESTER submitted an amendment intended to be proposed by 
him 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:

     SEC. 607. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 
                   20 YEARS OF SERVICE AND A COMBAT-RELATED 
                   DISABILITY FOR CONCURRENT RECEIPT OF VETERANS' 
                   DISABILITY COMPENSATION AND RETIRED PAY.

       (a) Concurrent Receipt in Connection With CSRC.--Section 
     1413a(b)(3)(B) of title 10, United States Code, is amended by 
     striking ``creditable service,'' and all that follows and 
     inserting the following: ``creditable service--
       ``(i) the retired pay of the retiree is not subject to 
     reduction under sections 5304 and 5305 of title 38; and
       ``(ii) no monthly amount shall be paid the retiree under 
     subsection (a).''.
       (b) Concurrent Receipt Generally.--Section 1414(b)(2) of 
     title 10, United States Code, is amended by striking 
     ``Subsection (a)'' and all that follows and inserting the 
     following: ``Subsection (a)--
       ``(A) applies to a member described in paragraph (1) of 
     that subsection who is retired under chapter 61 of this title 
     with less than 20 years of service otherwise creditable under 
     chapter 1405 of this title, or with less than 20 years of 
     service computed under section 12732 of this title, at the 
     time of the member's retirement if the member has a combat-
     related disability (as that term is defined in section 
     1413a(e) of this title), except that in the application of 
     subsection (a) to such a member, any reference in that 
     subsection to a qualifying service-connected disability shall 
     be deemed to be a reference to that combat-related 
     disability; but
       ``(B) does not apply to any member so retired if the member 
     does not have a combat-related disability.''.
       (c) Technical and Conforming Amendments.--
       (1) Amendments reflecting end of concurrent receipt phase-
     in period.--Section 1414 of title 10, United States Code, is 
     further amended--
       (A) in subsection (a)(1)--
       (i) by striking the second sentence; and
       (ii) by striking subparagraphs (A) and (B);
       (B) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively; and
       (C) in subsection (d), as redesignated, by striking 
     paragraphs (3) and (4).
       (2) Section heading.--The heading of such section 1414 is 
     amended to read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       receipt''.

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 1414 and inserting the following 
     new item:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent receipt.''.
       (4) Conforming amendment.--Section 1413a(f) of such title 
     is amended by striking ``Subsection (d)'' and inserting 
     ``Subsection (c)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning after the date of the enactment of this Act and 
     shall apply to payments for months beginning on or after that 
     date.

[[Page S7491]]

  

                                 ______
                                 
  SA 3985. Mr. TESTER submitted an amendment intended to be proposed by 
him 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 X, add the following:

            Subtitle H--Improvement of Veterans Crisis Line

     SEC. 1070. SHORT TITLE.

       This subtitle may be cited as the ``Revising and Expediting 
     Actions for the Crisis Hotline for Veterans Act'' or the 
     ``REACH for Veterans Act''.

     SEC. 1071. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Veterans Affairs.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.
       (3) Veterans crisis line.--the term ``Veterans Crisis 
     Line'' means the toll-free hotline for veterans established 
     under section 1720F(h) of title 38, United States Code.

      PART I--VETERANS CRISIS LINE TRAINING AND QUALITY MANAGEMENT

                       Subpart A--Staff Training

     SEC. 1072. REVIEW OF TRAINING FOR VETERANS CRISIS LINE CALL 
                   RESPONDERS.

       (a) In General.--The Secretary shall enter into an 
     agreement with an organization outside the Department, such 
     as the American Association of Suicidology, to review the 
     training for Veterans Crisis Line call responders on 
     assisting callers in crisis.
       (b) Completion of Review.--The review conducted under 
     subsection (a) shall be completed not later than one year 
     after the date of the enactment of this Act.
       (c) Elements of Review.--The review conducted under 
     subsection (a) shall consist of a review of the training 
     provided by the Department on subjects including risk 
     assessment, lethal means assessment, substance use and 
     overdose risk assessment, safety planning, referrals to care, 
     supervisory consultation, and emergency dispatch.
       (d) Update of Training.--If any deficiencies in the 
     training for Veterans Crisis Line call responders are found 
     pursuant to the review under subsection (a), the Secretary 
     shall update such training and associated standards of 
     practice to correct those deficiencies not later than one 
     year after the completion of the review.

     SEC. 1073. RETRAINING GUIDELINES FOR VETERANS CRISIS LINE 
                   CALL RESPONDERS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall develop 
     guidelines on retraining and quality management for when a 
     Veterans Crisis Line call responder has an adverse event or 
     when a quality review check by a supervisor of such a call 
     responder denotes that the call responder needs improvement.
       (b) Elements of Guidelines.--The guidelines developed under 
     subsection (a) shall specify the subjects and quantity of 
     retraining recommended and how supervisors should implement 
     increased use of silent monitoring or other performance 
     review mechanisms.

                Subpart B--Quality Review and Management

     SEC. 1074. MONITORING OF CALLS ON VETERANS CRISIS LINE.

       (a) In General.--The Secretary shall require that not fewer 
     than two calls per month for each Veterans Crisis Line call 
     responder be subject to supervisory silent monitoring, which 
     is used to monitor the quality of conduct by such call 
     responder during the call.
       (b) Benchmarks.--The Secretary shall establish benchmarks 
     for requirements and performance of Veterans Crisis Line call 
     responders on supervisory silent monitored calls.
       (c) Quarterly Reports.--Not less frequently than quarterly, 
     the Secretary shall submit to the Office of Mental Health and 
     Suicide Prevention of the Department of Veterans Affairs a 
     report on occurrence and outcomes of supervisory silent 
     monitoring of calls on the Veterans Crisis Line.

     SEC. 1075. QUALITY MANAGEMENT PROCESSES FOR VETERANS CRISIS 
                   LINE.

       Not later than one year after the date of the enactment of 
     this Act, the leadership for the Veterans Crisis Line, in 
     partnership with the Office of Mental Health and Suicide 
     Prevention of the Department and the National Center for 
     Patient Safety of the Department, shall establish quality 
     management processes and expectations for staff of the 
     Veterans Crisis Line, including with respect to reporting of 
     adverse events and close calls.

     SEC. 1076. ANNUAL COMMON CAUSE ANALYSIS FOR CALLERS TO 
                   VETERANS CRISIS LINE WHO DIE BY SUICIDE.

       (a) In General.--Not less frequently than annually, the 
     Secretary shall perform a common cause analysis for all 
     identified callers to the Veterans Crisis Line that died by 
     suicide during the one-year period preceding the conduct of 
     the analysis before the caller received contact with 
     emergency services and in which the Veterans Crisis Line was 
     the last point of contact.
       (b) Submittal of Results.--The Secretary shall submit to 
     the Office of Mental Health and Suicide Prevention of the 
     Department the results of each analysis conducted under 
     subsection (a).
       (c) Application of Themes or Lessons.--The Secretary shall 
     apply any themes or lessons learned under an analysis under 
     subsection (a) to updating training and standards of practice 
     for staff of the Veterans Crisis Line.

               Subpart C--Guidance for High-Risk Callers

     SEC. 1077. DEVELOPMENT OF ENHANCED GUIDANCE AND PROCEDURES 
                   FOR RESPONSE TO CALLS RELATED TO SUBSTANCE USE 
                   AND OVERDOSE RISK.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary, in consultation with national 
     experts within the Department on substance use disorder and 
     overdose, shall--
       (1) develop enhanced guidance and procedures to respond to 
     calls to the Veterans Crisis Line related to substance use 
     and overdose risk;
       (2) update training materials for staff of the Veterans 
     Crisis Line in response to such enhanced guidance and 
     procedures; and
       (3) update criteria for monitoring compliance with such 
     enhanced guidance and procedures.

     SEC. 1078. REVIEW AND IMPROVEMENT OF STANDARDS FOR EMERGENCY 
                   DISPATCH.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall--
       (1) review the current emergency dispatch standard 
     operating procedure of the Veterans Crisis Line to identify 
     any additions to such procedure to strengthen communication 
     regarding--
       (A) emergency dispatch for disconnected callers; and
       (B) the role of social service assistants in requesting 
     emergency dispatch and recording such dispatches; and
       (2) update such procedure to include the additions 
     identified under paragraph (1).
       (b) Training.--The Secretary shall ensure that all staff of 
     the Veterans Crisis Line are trained on all updates made 
     under subsection (a)(2) to the emergency dispatch standard 
     operating procedure of the Veterans Crisis Line.

       Subpart D--Oversight and Clarification of Staff Roles and 
                            Responsibilites

     SEC. 1079. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS 
                   AND CLARIFICATION OF JOB RESPONSIBILITIES.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary shall--
       (1) establish oversight mechanisms to ensure that social 
     service assistants and supervisory social service assistants 
     working with the Veterans Crisis Line are appropriately 
     trained and implementing guidance of the Department regarding 
     the Veterans Crisis Line; and
       (2) refine standard operating procedures to delineate roles 
     and responsibilities for all levels of supervisory social 
     service assistants working with the Veterans Crisis Line.

      PART II--PILOT PROGRAMS AND RESEARCH ON VETERANS CRISIS LINE

                       Subpart A--Pilot Programs

     SEC. 1080. EXTENDED SAFETY PLANNING PILOT PROGRAM FOR 
                   VETERANS CRISIS LINE.

       (a) In General.--Commencing not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     carry out a pilot program to determine whether a lengthier, 
     templated safety plan used in clinical settings could be 
     applied in call centers for the Veterans Crisis Line.
       (b) Briefing.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall brief Congress 
     on the findings of the Secretary under the pilot program 
     under subsection (a), including such recommendations as the 
     Secretary may have for continuation or discontinuation of the 
     pilot program.

     SEC. 1081. CRISIS LINE FACILITATION PILOT PROGRAM.

       (a) In General.--Commencing not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     carry out a pilot program on the use of crisis line 
     facilitation to increase use of the Veterans Crisis Line 
     among high-risk veterans.
       (b) Briefing.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall brief Congress 
     on the findings of the Secretary under the pilot program 
     under subsection (a), including such recommendations as the 
     Secretary may have for continuation or discontinuation of the 
     pilot program.
       (c) Definitions.--In this section:
       (1) Crisis line facilitation.--The term ``crisis line 
     facilitation'', with respect to a high-risk veteran, means 
     the presentation by a therapist of psychoeducational 
     information about the Veterans Crisis Line and a discussion 
     of the perceived barriers and facilitators to future use of 
     the Veterans Crisis Line for the veteran, which culminates in 
     the veteran calling the Veterans Crisis Line with the 
     therapist to provide firsthand experiences that may counter 
     negative impressions of the Veterans Crisis Line.
       (2) High-risk veteran.--The term ``high-risk veteran'' 
     means a veteran receiving inpatient mental health care 
     following a suicidal crisis.

[[Page S7492]]

  


                  Subpart B--Research on Effectiveness

     SEC. 1082. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON 
                   EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVEMENT 
                   OF VETERANS CRISIS LINE.

       There is authorized to be appropriated to the Secretary 
     $5,000,000 for the Mental Illness Research, Education, and 
     Clinical Centers of the Department to conduct research on the 
     effectiveness of the Veterans Crisis Line and areas for 
     improvement for the Veterans Crisis Line.

               PART III--TRANSITION OF CRISIS LINE NUMBER

     SEC. 1083. FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.

       (a) In General.--The Secretary shall solicit feedback from 
     veterans service organizations on how to conduct outreach to 
     members of the Armed Forces, veterans, their family members, 
     and other members of the military and veterans community on 
     the move to 988 as the new, national three-digit suicide and 
     mental health crisis hotline, which is expected to be 
     implemented by July 2022, to minimize confusion and ensure 
     veterans are aware of their options for reaching the Veterans 
     Crisis Line.
       (b) Nonapplication of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to any feedback solicited 
     under subsection (a).
       (c) Veterans Service Organization Defined.--In this 
     section, the term ``veterans service organization'' means an 
     organization recognized by the Secretary for the 
     representation of veterans under section 5902 of title 38, 
     United States Code.
                                 ______
                                 
  SA 3986. Mr. TESTER submitted an amendment intended to be proposed by 
him 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 VIII, add the following:

     SEC. 807. EXTENSION OF AUTHORITY FOR THE ENHANCED TRANSFER OF 
                   TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE 
                   LABORATORIES.

       Section 801(e) of the National Defense Authorization Act 
     for Fiscal Year 2014 (Public Law 113-66), as amended by 
     section 818 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328), is amended by striking 
     ``2021'' and inserting ``2026''.
                                 ______
                                 
  SA 3987. Mr. TESTER submitted an amendment intended to be proposed by 
him 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. __. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee for Indigenous Peoples of the 
     United States of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the

[[Page S7493]]

     regulations described in item (aa) as a barrier to 
     implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.
                                 ______
                                 
  SA 3988. Mrs. MURRAY submitted an amendment intended to be proposed 
by her 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 I, add the following:

     SEC. 138. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF MARK 
                   VI PATROL BOATS.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2022 for the Navy may be obligated or expended to 
     retire, prepare to retire, or place in storage any Mark VI 
     patrol boat.
       (b) Report.--Not later than February 15, 2022, the 
     Secretary of the Navy, in consultation with the Commandant of 
     the Marine Corps, shall submit to the congressional defense 
     committees a report that includes each of the following:
       (1) The rationale for the retirement of existing Mark VI 
     patrol boats, including an operational analysis of the effect 
     of such retirements on the warfighting requirements of the 
     combatant commanders.
       (2) A review of operating concepts for escorting high value 
     units without the Mark VI patrol boat.
       (3) A description of the manner and concept of operations 
     in which the Marine Corps could use the Mark VI patrol boat 
     to support distributed maritime operations, advanced 
     expeditionary basing operations, and persistent presence near 
     maritime choke points and strategic littorals in the Indo-
     Pacific region.
       (4) An assessment of the potential for modification, and 
     the associated costs, of the Mark VI patrol boat for the 
     inclusion of loitering munitions or antiship cruise missiles, 
     such as the Long Range Anti Ship Missile and the Naval Strike 
     Missile, particularly to support the concept of operations 
     described in paragraph (3).
       (5) A description of resources required for the Marine 
     Corps to possess, man, train, and maintain the Mark VI patrol 
     boat in the performance of the concept of operations 
     described in paragraph (3) and modifications described in 
     paragraph (4).
       (6) At the discretion of the Commandant of the Marine 
     Corps, a plan for the Marine Corps to take possession of the 
     Mark VI patrol boat not later than September 30, 2022.
       (7) Such other matters as the Secretary determines 
     appropriate.
                                 ______
                                 
  SA 3989. Mrs. MURRAY submitted an amendment intended to be proposed 
by her 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:

     SEC. 607. IMPROVEMENTS TO FINANCIAL LITERACY TRAINING.

       (a) Improvements to Financial Literacy Training.--
       (1) In general.--Subsection (a) of section 992 of title 10, 
     United States Code, is amended--
       (A) in paragraph (2)(C), by striking ``grade E-4'' and 
     inserting ``grade E-6'';
       (B) by adding at the end the following new paragraph:
       ``(5) In carrying out the program to provide training under 
     this subsection, the Secretary concerned shall--
       ``(A) require the development of a standard curriculum 
     across all military departments for such training that--
       ``(i) focuses on ensuring that members of the armed forces 
     who receive such training develop proficiency in financial 
     literacy rather than focusing on completion of training 
     modules;
       ``(ii) is based on best practices in the financial services 
     industry, such as the use of a social learning approach and 
     the incorporation of elements of behavioral economics or 
     gamification; and
       ``(iii) is designed to address the needs of members and 
     their families;
       ``(B) ensure that such training--
       ``(i) is conducted by a financial services counselor who is 
     qualified as described in paragraph (3) of subsection (b) or 
     by other means as described in paragraph (2)(A)(ii) of that 
     subsection;
       ``(ii) is provided, to the extent practicable--
       ``(I) in a class held in person with fewer than 50 
     attendees; or
       ``(II) one-on-one between the member and a financial 
     services counselor or a qualified representative described in 
     subclause (III) or (IV) of subsection (b)(2)(A)(ii); and
       ``(iii) is provided using computer-based methods only if 
     methods described in clause (ii) are impractical or 
     unavailable;
       ``(C) ensure that--
       ``(i) an in-person class described in subparagraph 
     (B)(i)(I) is available to the spouse of a member; and
       ``(ii) if a spouse of a member is unable to attend such a 
     class in person--
       ``(I) training is available to the spouse through Military 
     OneSource; and
       ``(II) the member is informed during the in-person training 
     of the member under subparagraph (B)(i) with respect to how 
     the member's spouse can access the training;
       ``(D) ensure that such training, and all documents and 
     materials provided in relation to such training, are 
     presented or written in manner that the Secretary determines 
     can be understood by the average enlisted member.''.
       (2) Qualified representatives for counseling for members 
     and spouses.--Subsection (b)(2)(A)(ii) of such section is 
     amended by adding at the end the following:
       ``(IV) Through qualified representatives of banks or credit 
     unions operating on military installations pursuant to an 
     operating agreement with the Department of Defense or a 
     military department.''.
       (3) Provision of retirement information.--Such section is 
     further amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (g), respectively; and
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Provision of Retirement Information.--In each 
     training under subsection (a) and in each meeting to provide 
     counseling under subsection (b), a member of the armed forces 
     shall be provided with--
       ``(1) all forms relating to retirement that are relevant to 
     the member, including with respect to the Thrift Savings 
     Plan;
       ``(2) information with respect to how to find additional 
     information; and
       ``(3) contact information for counselors provided through--
       ``(A) the Personal Financial Counselor program, the 
     Personal Financial Management program, or Military OneSource; 
     or
       ``(B) nonprofit organizations or agencies that have in 
     effect agreements with the Department of Defense to provide 
     financial services counseling.''.
       (4) Advisory council on financial readiness.--Such section 
     is further amended by inserting after subsection (e), as 
     redesignated by paragraph (3)(A), the following new 
     subsection:
       ``(f) Advisory Council on Financial Readiness.--
       ``(1) Establishment.--There is established an Advisory 
     Council on Financial Readiness (in this section referred to 
     as the `Council').
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of 12 members 
     appointed by the Secretary of Defense, as follows:
       ``(i) Three shall be representatives of military support 
     organizations.
       ``(ii) Three shall be representatives of veterans service 
     organizations.
       ``(iii) Three shall be representatives of private, 
     nonprofit organizations with a vested interest in education 
     and communication of financial education and financial 
     services.
       ``(iv) Three shall be representatives of governmental 
     entities with a vested interest in education and 
     communication of financial education and financial services.
       ``(B) Qualifications.--The Secretary shall appoint members 
     to the Council from among individuals qualified to appraise 
     military compensation, military retirement, and financial 
     literacy training.
       ``(C) Terms.--Members of the Council shall serve for terms 
     of three years, except that, of the members first appointed--
       ``(i) four shall be appointed for terms of one year;
       ``(ii) four shall be appointed for terms of two years; and
       ``(iii) four shall be appointed for terms of three years.
       ``(D) Reappointment.--A member of the Council may be 
     reappointed for additional terms.
       ``(E) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term of office for 
     which such member's predecessor was appointed shall be 
     appointed only for the remainder of such term.
       ``(3) Duties and functions.--The Council shall--
       ``(A) advise the Secretary with respect to matters relating 
     to the financial literacy and financial readiness of members 
     of the armed forces; and
       ``(B) submit to the Secretary recommendations with respect 
     to those matters.
       ``(4) Meetings.--
       ``(A) In general.--The Council shall meet not less 
     frequently than twice each year and at such other times as 
     the Secretary requests.
       ``(B) Quorum.--A majority of members shall constitute a 
     quorum and action shall be taken only by a majority vote of 
     the members present and voting.
       ``(5) Support services.--The Secretary--
       ``(A) shall provide to the Council an executive secretary 
     and such secretarial, clerical, and other support services as 
     the Council considers necessary to carry out the duties of 
     the Council; and
       ``(B) may request that other Federal agencies provide 
     statistical data, reports, and other information that is 
     reasonably accessible to assist the Council in the 
     performance of the duties of the Council.

[[Page S7494]]

       ``(6) Compensation.--While away from their homes or regular 
     places of business in the performance of services for the 
     Council, members of the Council shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5.
       ``(7) Annual report.--Not less frequently than annually, 
     the Secretary shall submit to Congress a report that--
       ``(A) describes each recommendation received from the 
     Council during the preceding year; and
       ``(B) includes a statement, with respect to each such 
     recommendation, of whether the Secretary has implemented the 
     recommendation and, if not, a description of why the 
     Secretary has not implemented the recommendation.
       ``(8) Termination.--Section 14(a) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) (relating to termination) shall 
     not apply to the Council.
       ``(9) Definitions.--In this subsection:
       ``(A) Military support organization.--The term `military 
     support organization' means an organization that provides 
     support to members of the armed forces and their families 
     with respect to education, finances, health care, employment, 
     and overall well-being.
       ``(B) Veterans service organization.--The term `veterans 
     service organization' means any organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38.''.
       (5) Report on effectiveness of financial services 
     counseling.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees (as defined in 
     section 101 of title 10, United States Code) a report on 
     financial literacy training and financial services counseling 
     provided under section 992 of title 10, United States Code, 
     as amended by this subsection, that assesses--
       (A) the effectiveness of such training and counseling, 
     which shall be determined using actual localized data similar 
     to the Unit Risk Inventory Survey of the Army; and
       (B) whether additional training or counseling is necessary 
     for enlisted members of the Armed Forces or for officers.
       (b) Modifications to Lump Sum Payments of Certain Retired 
     Pay.--
       (1) Spousal consent to lump sum payment.--Subsection (b) of 
     section 1415 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(7) Spousal consent for election of lump sum payment.--An 
     eligible person who is married may not elect to receive a 
     lump sum payment under this subsection without the 
     concurrence of the person's spouse, unless the eligible 
     person establishes to the satisfaction of the Secretary 
     concerned--
       ``(A) that the spouse's whereabouts cannot be determined; 
     or
       ``(B) that, due to exceptional circumstances, requiring the 
     person to seek the spouse's consent would otherwise be 
     inappropriate.''.
       (2) Disclosures relating to offer of lump sum payment.--
     Such section is further amended--
       (A) by redesignating subsection (e) as subsection (g); and
       (B) by inserting after subsection (d) the following new 
     subsections:
       ``(e) Disclosures Relating to Offer of Lump Sum Payment.--
       ``(1) In general.--Not later than 90 days before offering 
     an eligible person a lump sum payment under this section, the 
     Secretary of Defense shall provide a notice to the person, 
     and the person's spouse, if married, that includes the 
     following:
       ``(A) A description of the available retirement benefit 
     options, including--
       ``(i) the monthly covered retired pay that the person would 
     receive after the person attains retirement age if the person 
     is not already receiving such pay;
       ``(ii) the monthly covered retired pay that the person 
     would receive if payments begin immediately; and
       ``(iii) the amount of the lump sum payment the person would 
     receive if the person elects to receive the lump sum payment.
       ``(B) An explanation of how the amount of the lump sum 
     payment was calculated, including the interest rate and 
     mortality assumptions used in the calculation, and whether 
     any additional benefits were included in the amount.
       ``(C) A description of how the option to take the lump sum 
     payment compares to the value of the covered retired pay the 
     person would receive if the person elected not to take the 
     lump sum payment.
       ``(D) A statement of whether, by purchasing a retail 
     annuity using the lump sum payment, it would be possible to 
     replicate the stream of payments the person would receive if 
     the person elected not to take the lump sum payment.
       ``(E) A description of the potential implications of 
     accepting the lump sum payment, including possible benefits 
     and reductions in such benefits, investment risks, longevity 
     risks, and loss of protection from creditors.
       ``(F) A description of the tax implications of accepting 
     the lump sum payment, including rollover options, early 
     distribution penalties, and associated tax liabilities.
       ``(G) Instructions for how to accept or reject the offer of 
     the lump sum payment and the date by which the person is 
     required to accept or reject the offer.
       ``(H) Contact information for the person to obtain more 
     information or ask questions about the option to accept the 
     lump sum payment, including the opportunity for a one-on-one 
     meeting with a counselor provided through the Personal 
     Financial Counselor program or the Personal Financial 
     Management program.
       ``(I) A statement that--
       ``(i) financial advisers (other than financial services 
     counselors provided through the Personal Financial Counselor 
     program or the Personal Financial Management program) may not 
     be required to act in the best interests of the person or the 
     person's beneficiaries with respect to determining whether to 
     take the lump sum payment; and
       ``(ii) if the person or a beneficiary of the person is 
     seeking financial advice from a financial adviser not 
     affiliated with the armed forces, the person or beneficiary 
     should obtain written confirmation that the adviser is acting 
     as a fiduciary to the person or beneficiary.
       ``(J) Such other information as the Secretary considers to 
     be necessary or relevant.
       ``(2) Form.--The Secretary shall ensure that any notice 
     provided to an eligible person under paragraph (1)--
       ``(A) is written in manner that the Secretary determines 
     can be understood by the average enlisted member of the armed 
     forces; and
       ``(B) is presented in a manner that is not biased for or 
     against acceptance of the offer of the lump sum payment.
       ``(f) Report Required.--Not later than one year after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2022, and annually thereafter, the 
     Secretary shall submit to the congressional defense 
     committees report that--
       ``(1) sets forth the number of members of the armed forces 
     who take a lump sum payment under this section; and
       ``(2) describes the details of the arrangements relating to 
     taking such a payment, including--
       ``(A) whether members have taken a lump sum payment in 
     exchange for reduced future benefits; and
       ``(B) information relating to the members who have taken a 
     lump sum payment, such as the age and rank of such 
     members.''.
       (c) Training of Certain Officers Relating to Blended 
     Retirement System.--The Secretary of Defense shall ensure 
     that each member of the Armed Forces in pay grade E-9 or 
     below or in pay grade O-6 or below receives training with 
     respect to the features of the Blended Retirement System.
       (d) Report on Improved Access to Thrift Savings Plan.--Not 
     later than 18 months after the date of the enactment of this 
     Act, the Federal Retirement Thrift Investment Board shall 
     submit to Congress a plan for improving the access of members 
     of the Armed Forces to information about the Thrift Savings 
     Plan that--
       (1) takes into account the time likely to pass between the 
     mailing of account information to a member of the Armed 
     Forces and the time the member is likely to receive the 
     information; and
       (2) makes recommendations for statutory changes necessary 
     to improve such access.
       (e) Regulations.--The Secretary of Defense may prescribe 
     such regulations as are necessary to carry out the amendments 
     made by this section.
                                 ______
                                 
  SA 3990. Ms. ERNST (for herself, Mr. Kelly, Mr. Daines, Mr. 
Hickenlooper, Mr. Cramer, Mr. Ossoff, Ms. Collins, Mr. Bennet, Mr. 
Grassley, Mr. King, Mr. Tillis, Mrs. Gillibrand, Mr. Risch, Mr. Blunt, 
Mr. Sullivan, Mr. Menendez, Mr. Crapo, Mr. Van Hollen, Mr. Marshall, 
Mr. Wyden, Mr. Padilla, Mrs. Shaheen, Ms. Rosen, Ms. Hirono, Ms. 
Klobuchar, Mr. Graham, Mr. Scott of Florida, Mr. Tuberville, Mr. 
Hoeven, Mr. Brown, Ms. Hassan, and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle B of title VII, add the following:

     SEC. 728. EVALUATION AND STANDARDIZATION OF SUICIDE 
                   PREVENTION EFFORTS BY THE DEPARTMENT OF 
                   DEFENSE.

       Not later than one year after the date of the enactment of 
     this Act, the Under Secretary of Defense for Personnel and 
     Readiness shall--
       (1) direct the Defense Suicide Prevention Office to 
     collaborate with each Secretary of a military department--
       (A) to develop and implement a process to ensure that 
     individual non-clinical suicide prevention efforts are 
     assessed for effectiveness among members of the Armed Forces; 
     and
       (B) to develop consistent suicide-related definitions to be 
     used throughout the Department of Defense;

[[Page S7495]]

       (2) require the use of suicide-related definitions 
     developed under paragraph (1)(B) to be used in any updated 
     policies of the Department of Defense or any military 
     department; and
       (3) enhance collaboration between the Defense Suicide 
     Prevention Office and the Psychological Health Center of 
     Excellence on the production of annual suicide reports to 
     minimize duplication of efforts by the Department of Defense.
                                 ______
                                 
  SA 3991. Ms. ERNST (for herself, Mr. Cotton, Mr. Grassley, Mr. 
Marshall, 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 appropriate place in title X, insert the following:

     SEC. ___. PROHIBITION ON FEDERAL FUNDING TO ECOHEALTH 
                   ALLIANCE, INC.

       No funds authorized under this Act may be made available 
     for any purpose to EcoHealth Alliance, Inc.
                                 ______
                                 
  SA 3992. Ms. ERNST (for herself, Mrs. Feinstein, Mr. Cotton, and Mr. 
Padilla) 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 MUSEUM OF THE SURFACE NAVY.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Surface Navy represents the millions 
     of sailors and thousands of ships that sail on oceans around 
     the world to ensure the safety and freedom of Americans and 
     all people.
       (2) The Battleship IOWA is an iconic Surface Navy vessel 
     that--
       (A) served as home to hundreds of thousands of sailors from 
     all 50 States; and
       (B) is recognized as a transformational feat of engineering 
     and innovation.
       (3) In 2012, the Navy donated the Battleship IOWA to the 
     Pacific Battleship Center, a nonprofit organization pursuant 
     to section 501(c)(3) of the Internal Revenue Code of 1986, 
     after which the Center established the Battleship IOWA Museum 
     at the Port of Los Angeles in Los Angeles, California.
       (4) The Battleship IOWA Museum is a museum and educational 
     institution that--
       (A) has welcomed millions of visitors from across the 
     United States and receives support from thousands of 
     Americans throughout the United States to preserve the legacy 
     of those who served on the Battleship IOWA and all Surface 
     Navy ships;
       (B) is home to Los Angeles Fleet Week, which has the 
     highest public engagement of any Fleet Week in the United 
     States and raises awareness of the importance of the Navy to 
     defending the United States, maintaining safe sea lanes, and 
     providing humanitarian assistance;
       (C) hosts numerous military activities, including 
     enlistments, re-enlistments, commissionings, promotions, and 
     community service days, with participants from throughout the 
     United States;
       (D) is a leader in museum engagement with innovative 
     exhibits, diverse programming, and use of technology;
       (E) is an on-site training platform for Federal, State, and 
     local law enforcement personnel to use for a variety of 
     training exercises, including urban search and rescue and 
     maritime security exercises;
       (F) is a partner with the Navy in carrying out Defense 
     Support of Civil Authorities efforts by supporting training 
     exercises and responses to crises, including the COVID-19 
     pandemic;
       (G) is a science, technology, engineering, and mathematics 
     education platform for thousands of students each year;
       (H) is an instrumental partner in the economic development 
     efforts along the Los Angeles waterfront by attracting 
     hundreds of thousands of visitors annually and improving the 
     quality of life for area residents; and
       (I) provides a safe place for--
       (i) veteran engagement and reintegration into the community 
     through programs and activities that provide a sense of 
     belonging to members of the Armed Forces and veterans; and
       (ii) proud Americans to come together in common purpose to 
     highlight the importance of service to community for the 
     future of the United States.
       (5) In January 2019, the Pacific Battleship Center received 
     a license for the rights of the National Museum of the 
     Surface Navy from the Navy for the purpose of building such 
     museum aboard the Battleship IOWA at the Port of Los Angeles.
       (6) The National Museum of the Surface Navy will--
       (A) be the official museum to honor millions of Americans 
     who have proudly served and continue to serve in the Surface 
     Navy since the founding of the Navy on October 13, 1775;
       (B) be a community-based and future-oriented museum that 
     will raise awareness and educate the public on the important 
     role of the Surface Navy in ensuring international relations, 
     maintaining safe sea transit for free trade, preventing 
     piracy, providing humanitarian assistance, and enhancing the 
     role of the United States throughout the world;
       (C) build on successes of the Battleship IOWA Museum by 
     introducing new exhibits and programs with a focus on 
     education, veterans, and community;
       (D) borrow and exhibit artifacts from the Navy and other 
     museums and individuals throughout the United States; and
       (E) work with individuals from the Surface Navy community 
     and the public to ensure that the story of the Surface Navy 
     community is accurately interpreted and represented.
       (b) Designation.--
       (1) In general.--The Battleship IOWA Museum, located in Los 
     Angeles, California, and managed by the Pacific Battleship 
     Center, shall be designated as the ``National Museum of the 
     Surface Navy''.
       (2) Purposes.--The purposes of the National Museum of the 
     Surface Navy shall be to--
       (A) provide and support--
       (i) a museum dedicated to the United States Surface Navy 
     community; and
       (ii) a platform for education, community, and veterans 
     programs;
       (B) preserve, maintain, and interpret artifacts, documents, 
     images, stories, and history collected by the museum; and
       (C) ensure that the American people understand the 
     importance of the Surface Navy in the continued freedom, 
     safety, and security of the United States.
                                 ______
                                 
  SA 3993. Ms. ERNST 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 X, add the following:

     SECTION 1. EXPANDING THE DEFINITION OF AGGRAVATED FELONIES 
                   UNDER THE IMMIGRATION AND NATIONALITY ACT.

       (a) Short Titles.--This section may be cited as the 
     ``Better Enforcement of Grievous Offenses by unNaturalized 
     Emigrants'' or the ``BE GONE Act''.
       (b) In General.--Section 101(a)(43) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
       (1) in subparagraph (T), by striking ``and'' at the end;
       (2) in subparagraph (U), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(V) sexual assault and aggravated sexual violence.''.
                                 ______
                                 
  SA 3994. Ms. ERNST 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 II, insert the 
     following:

     SEC. 2____. REPORT DETAILING COMPLIANCE WITH DISCLOSURE 
                   REQUIREMENTS FOR RECIPIENTS OF RESEARCH AND 
                   DEVELOPMENT FUNDS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report detailing 
     compliance with the disclosure requirements for recipients of 
     research and development funds required under section 2374b 
     of title 10, United States Code.
                                 ______
                                 
  SA 3995. Ms. ERNST 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

[[Page S7496]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle C of title XII, add the following:

     SEC. 1224. ASSESSMENT OF AND REPORT ON [COUNTER-UAS SYSTEM] 
                   CAPABILITIES OF MILITARY FORCES OF UNITED 
                   STATES PARTNERS IN IRAQ.

       (a) In General.--Not later than March 1, 2022, the 
     Secretary of Defense shall --
       (1) complete an assessment of--
       (A) the current state of [counter-UAS system (as defined in 
     section 44801 of title 49, United States Code) capabilities] 
     of military forces of United States partners in Iraq, 
     including in the Iraqi Kurdistan Region; and
       (B) the implications of such capabilities for the security 
     of the United States and United States partners against 
     attacks by unmanned aircraft systems (as defined in section 
     44801 of title 49, United States Code) in Iraq; and
       (2) submit to the congressional defense committees a report 
     on the findings of the assessment completed under paragraph 
     (1).
       (b) Elements.--The report submitted under subsection (a)(2) 
     shall include--
       (1) the current level of [counter-UAS system] training and 
     amount of equipment available to the military forces of 
     United States partners in Iraq, including in the Iraqi 
     Kurdistan Region;
       (2) a description of the type of additional training and 
     equipment needed to maximize the level of [counter-UAS 
     system] capabilities of such military forces;
       (3) an analysis of the availability of additional training 
     and equipment required to maximize such capabilities; and
       (4) any other matter the Secretary of Defense considers 
     appropriate.
                                 ______
                                 
  SA 3996. Mr. PORTMAN (for himself and Mr. Brown) 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 COSTS AND BENEFITS OF MAINTAINING A 
                   MINIMUM OF 12 PRIMARY AIRCRAFT AUTHORIZED FOR 
                   EACH TYPE OF SPECIALTY MISSION AIRCRAFT.

       (a) Sense of Senate.--It is the sense of the Senate that it 
     is important to maintain safety and increase mission 
     readiness and interoperability of the weather reconnaissance, 
     aerial spray, and firefighting system specialty mission 
     capabilities of the Air Force Reserve Command.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees a report on 
     the costs and benefits of maintaining a minimum of 12 primary 
     aircraft authorized for each type of specialty mission 
     aircraft.
                                 ______
                                 
  SA 3997. Mr. LEE 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. __. REPORT ON THE DEMILITARIZATION ABROAD OF 
                   UNSERVICEABLE MUNITIONS LOCATED OUTSIDE THE 
                   UNITED STATES.

       (a) In General.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth an assessment of the 
     feasibility and advisability of demilitarizing abroad 
     unserviceable munitions that are located outside the United 
     States in order to avoid the costs of transporting such 
     munitions to the United States for demilitarization.
       (b) Considerations.--In preparing the evaluation required 
     for the report, the Secretary shall take into account the 
     following:
       (1) The need for mitigation of adverse environmental 
     impacts, or impacts to the health and safety of local 
     populations, in the demilitarization of unserviceable 
     munitions.
       (2) The availability and ease of use of munitions 
     demilitarization technologies and mechanisms abroad, whether 
     or not currently in use by the Army, including available non-
     incineration technologies.
       (3) Any costs savings achievable through demilitarization 
     of unserviceable munitions abroad.
       (c) Technologies.--If the Secretary determines for purposes 
     of the report that the demilitarization abroad of 
     unserviceable munitions located outside the United States is 
     feasible and advisable, the report shall include a 
     description and assessment of various technologies and other 
     mechanisms that would be suitable for such demilitarization.
                                 ______
                                 
  SA 3998. Mr. LEE 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. __. REPORT ON ENERGY PRODUCT SUPPLY CHAINS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a report on 
     the strength and vitality of United States energy product 
     supply chains, including--
       (1) the level of dependence of the United States on foreign 
     nations for energy products;
       (2) the impact of Federal regulations and statutes, 
     including subtitle II of title 46, United States Code, on 
     United States energy product supply chains; and
       (3) recommendations on how to secure and protect United 
     States energy product supply chains.
                                 ______
                                 
  SA 3999. Mr. LEE 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. ____. PARTICIPATION IN HEALTH SAVINGS ACCOUNTS.

       (a) In General.--Subparagraph (C) of section 223(c)(1) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(C) Special rule for individuals eligible for certain 
     department of defense or veterans benefits.--An individual 
     shall be treated as an eligible individual for any period if 
     the individual--
       ``(i) receives hospital care or medical services under any 
     law administered by the Secretary of Veterans Affairs for a 
     service-connected disability (within the meaning of section 
     101(16) of title 38, United States Code),
       ``(ii) is covered under the TRICARE program (as defined in 
     section 1072 of title 10, United States Code), or
       ``(iii) is enrolled in the system of annual patient 
     enrollment of the Department of Veterans Affairs established 
     and operated under section 1705(a) of title 38, United States 
     Code.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. ____. TREATMENT OF DIETARY SUPPLEMENTS AS MEDICAL 
                   EXPENSES FOR CERTAIN INDIVIDUALS.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Dietary supplements.--In the case of an individual to 
     whom subsection (c)(1)(C) applies, amounts paid for dietary 
     supplements shall be treated as paid for medical care. For 
     purposes of this paragraph, the term `dietary supplement' has 
     the meaning given such term by section 201(ff) of the Federal 
     Food, Drug, and Cosmetic Act.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.
                                 ______
                                 
  SA 4000. Mr. LEE 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. __. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD BUREAU 
                   AS REIMBURSEMENT FROM STATES.

       Section 710 of title 32, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Treatment of Reimbursed Funds.--Any funds received by 
     the National Guard Bureau from a State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands as reimbursement under this section for the use of 
     military property shall be credited to--
       ``(1) the appropriation, fund, or account used in incurring 
     the obligation; or

[[Page S7497]]

       ``(2) an appropriate appropriation, fund, or account 
     currently available for the purposes for which the 
     expenditures were made.''.
                                 ______
                                 
  SA 4001. Mr. LEE 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. ___. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

       (a) Audit and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information and the Secretary of 
     Defense shall jointly--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Department of 
     Defense as of the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (b) Contents of Report.--The Assistant Secretary of 
     Commerce for Communications and Information and the Secretary 
     of Defense shall include in the report submitted under 
     subsection (a)(2), with respect to the electromagnetic 
     spectrum that is assigned or otherwise allocated to the 
     Department of Defense as of the date of the audit--
       (1) each particular band of spectrum being used by the 
     Department of Defense;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the geographic area in which a particular band 
     described in paragraph (1) is being used;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Department of Defense or shared with 
     a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Department of Defense.
       (c) Form of Report.--The report required under subsection 
     (a)(2) shall be submitted in unclassified form but may 
     include a classified annex.
                                 ______
                                 
  SA 4002. Mr. LEE 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__. CONSTRUCTION OF NAVAL VESSELS IN SHIPYARDS IN 
                   NORTH ATLANTIC TREATY ORGANIZATION COUNTRIES.

       Section 8679 of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``subsection (b)'' and 
     inserting ``subsections (b) and (c)'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Construction of Naval Vessels in Shipyards in NATO 
     Countries.--The Secretary of the Navy may construct a naval 
     vessel in a foreign shipyard if--
       ``(1) the shipyard is located within the boundaries of a 
     member country of the North Atlantic Treaty Organization; and
       ``(2) the cost of construction of such vessel in such 
     shipyard will be less than the cost of construction of such 
     vessel in a domestic shipyard.''.
                                 ______
                                 
  SA 4003. Mr. LEE 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 IV, insert the following:

     SEC. __. REPORTING ON END STRENGTH RATIONALES.

       Section 115a(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary'';
       (2) by inserting ``, including an assessment of the most 
     important threats facing the United States by regional 
     command and how personnel end strength level requests address 
     those specific threats'' after ``in effect at the time''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Not later than May 1 each year, the Secretary shall 
     provide a briefing to Congress including--
       ``(A) the rationale for recommended increases or decreases 
     in active, reserve, and civilian personnel for each component 
     of the Department of Defense;
       ``(B) the rationale for recommended increases or decreases 
     in active, reserve, and civilian personnel for each of the 
     regional combatant commands;
       ``(C) the primary functions or missions of military and 
     civilian personnel in each regional combatant command; and
       ``(D) an assessment of any areas in which decreases in 
     active, reserve, or civilian personnel would not result in a 
     decrease in readiness.''.
                                 ______
                                 
  SA 4004. Mr. LEE 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. __. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS.

       (a) Definitions.--In this section:
       (1) Environmental assessment.--The term ``environmental 
     assessment'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (2) Environmental impact statement.--The term 
     ``environmental impact statement'' means a detailed statement 
     required under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (3) Proposed action.--The term ``proposed action'' means an 
     action (within the meaning of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.)) proposed to be 
     carried out by the Secretary under this Act.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (b) Categorical Exclusions.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to paragraph (2), the Secretary may, with respect 
     to a proposed action and without further approval, use a 
     categorical exclusion under title I of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
     that has been approved by--
       (A)(i) another Federal agency; and
       (ii) the Council on Environmental Quality; or
       (B) an Act of Congress.
       (2) Requirements.--The Secretary may use a categorical 
     exclusion described in paragraph (1) if the Secretary--
       (A) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       (B) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.
                                 ______
                                 
  SA 4005. Mr. LEE 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. 12__. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON 
                   DEFENSE.

       (a) Finding.--Congress finds that section 1003 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 63 Stat. 2241)--
       (1) expresses the sense of Congress that, due to threats 
     that are ever-changing, Congress must be informed with 
     respect to allied contributions to the common defense to 
     properly assess the readiness of the United States and the 
     countries described in subsection (c)(2) for threats; and
       (2) requires the Secretary to submit to Congress an annual 
     report on the contributions of allies to the common defense.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the threats facing the United States--
       (A) extend beyond the global war on terror; and
       (B) include near-peer threats; and
       (2) the President should seek from each country described 
     in subsection (c)(2) acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense in accordance with

[[Page S7498]]

     the collective defense agreements or treaties to which such 
     country is a party.
       (c) Reports on Allied Contributions to the Common 
     Defense.--
       (1) In general.--Not later than March 1 each year, the 
     Secretary, in coordination with the heads of other Federal 
     agencies, as the Secretary determines to be necessary, shall 
     submit to the appropriate committees of Congress a report 
     containing a description of--
       (A) the annual defense spending by each country described 
     in paragraph (2), including available data on nominal budget 
     figures and defense spending as a percentage of the gross 
     domestic products of each such country for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant or may be called upon in 
     accordance with a cooperative defense agreement to which the 
     United States is a party;
       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Each member state of the North Atlantic Treaty 
     Organization.
       (B) Each member state of the Gulf Cooperation Council.
       (C) Each country party to the Inter-American Treaty of 
     Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro 
     September 2, 1947, and entered into force December 3, 1948 
     (TIAS 1838).
       (D) Australia.
       (E) Japan.
       (F) New Zealand.
       (G) The Philippines.
       (H) South Korea.
       (I) Thailand.
       (3) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (4) Availability.--A report submitted under paragraph (1) 
     shall be made available on request to any Member of Congress.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4006. Mr. LEE 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. ___. CLARIFICATION OF EMERGENCY WAR FUNDING FOR PURPOSES 
                   OF DETERMINING ELIGIBLE COSTS.

       (a) Definition of Emergency War Funding.--For purposes of 
     determining eligible costs for emergency war funding, the 
     term ``emergency war funding''--
       (1) means a contingency operation (as defined in section 
     101(a) of title 10, United States Code) conducted by the 
     Department of Defense that--
       (A) is conducted in a foreign country;
       (B) has geographical limits;
       (C) is not longer than 60 days; and
       (D) provides only--
       (i) replacement of ground equipment lost or damaged in 
     conflict;
       (ii) equipment modifications;
       (iii) munitions;
       (iv) replacement of aircraft lost or damaged in conflict;
       (v) military construction for short-term temporary 
     facilities;
       (vi) direct war operations; and
       (vii) fuel; and
       (2) does not include any operation that provides for--
       (A) research and development; or
       (B) training, equipment, and sustainment activities for 
     foreign military forces.
       (b) Report to Be Included in the President's Budget 
     Submission to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Director of the Office of Management and Budget shall submit 
     to Congress a report on the effect of the clarified 
     definition of emergency war funding under subsection (a) on 
     the process for determining eligible costs for emergency war 
     funding.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) For the subsequent fiscal year, a plan for transferring 
     to the base budget any activities that do not meet such 
     definition.
       (B) For each of the subsequent five fiscal years, the 
     anticipated emergency war funding based on such clarified 
     definition.
       (c) Point of Order Against Funding for Contingency 
     Operations That Does Not Meet the Requirements for Emergency 
     War Funding.--
       (1) In general.--Title IV of the Congressional Budget Act 
     of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the 
     end the following:

   ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS 
                              LEGISLATION

     ``SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY 
                   OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS 
                   FOR EMERGENCY WAR FUNDING.

       ``(a) Definitions.--In this section--
       ``(1) the term `contingency operation' has the meaning 
     given that term in section 101 of title 10, United States 
     Code; and
       ``(2) the term `emergency war funding' has the meaning 
     given that term in section [___] of the National Defense 
     Authorization Act for Fiscal Year 2022.
       ``(b) Point of Order.--
       ``(1) In general.--In the Senate, it shall not be in order 
     to consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that provides new budget authority for a contingency 
     operation, unless the provision of new budget authority meets 
     the requirements to constitute emergency war funding.
       ``(2) Point of order sustained.--If a point of order is 
     made by a Senator against a provision described in paragraph 
     (1), and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(c) Form of the Point of Order.--A point of order under 
     subsection (b)(1) may be raised by a Senator as provided in 
     section 313(e).
       ``(d) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (b)(1), and such point of order being sustained, such 
     material contained in such conference report or House 
     amendment shall be stricken, and the Senate shall proceed to 
     consider the question of whether the Senate shall recede from 
     its amendment and concur with a further amendment, or concur 
     in the House amendment with a further amendment, as the case 
     may be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(e) Supermajority Waiver and Appeal.--
       ``(1) Waiver.--Subsection (b)(1) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(2) Appeals.--Debate on appeals in the Senate from the 
     decisions of the Chair relating to any provision of this 
     section shall be equally divided between, and controlled by, 
     the appellant and the manager of the bill or joint 
     resolution, as the case may be. An affirmative vote of three-
     fifths of the Members of the Senate, duly chosen and sworn, 
     shall be required to sustain an appeal of the ruling of the 
     Chair on a point of order raised under subsection (b)(1).''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Congressional Budget Act of 
     1974 is amended by inserting after the item relating to 
     section 428 the following:

   ``PART C--Additional Limitations on Budgetary and Appropriations 
                              Legislation

``Sec. 441. Point of order against funding for contingency operations 
              that does not meet the requirements for emergency war 
              funding.''.
                                 ______
                                 
  SA 4007. Mr. LEE 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. ____. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN THE STATE OF UTAH.

       Section 320301(d) of title 54, United States Code, is 
     amended--
       (1) in the heading, by striking ``Wyoming'' and inserting 
     ``the State of Wyoming or Utah''; and
       (2) by striking ``Wyoming'' and inserting ``the State of 
     Wyoming or Utah''.
                                 ______
                                 
  SA 4008. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to

[[Page S7499]]

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. ___. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (2) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (b) Definitions.--In this section:
       (1) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (A) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) a land and resource management plan prepared by the 
     Forest Service for National Forest System land pursuant to 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604).
       (2) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (3) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (c) Protection and Recovery of Greater Sage-grouse.--
       (1) Endangered species act of 1973 findings.--
       (A) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the 10-year period beginning on the date of enactment 
     of this Act.
       (B) Effect on other laws.--The delay required under 
     subparagraph (A) is and shall remain effective without regard 
     to any other statute, regulation, court order, legal 
     settlement, or any other provision of law or in equity.
       (C) Effect on conservation status.--The conservation status 
     of the greater sage-grouse shall be considered not to warrant 
     listing of the greater sage-grouse as an endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) during the 10-year period 
     beginning on the date of enactment of this Act.
       (2) Coordination of federal land management and state 
     conservation and management plans.--
       (A) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (B) Retroactive effect.--In the case of any State that 
     provides notification under subparagraph (A), if any 
     withdrawal was made, modified, or extended or any amendment 
     or modification of a Federal resource management plan 
     applicable to Federal land in the State was issued after June 
     1, 2014, and the withdrawal, amendment, or modification 
     altered the management of the greater sage-grouse or the 
     habitat of the greater sage-grouse--
       (i) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (ii) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.
       (C) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (3) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (4) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through the date that is 10 years after that date of 
     enactment, the Secretary of the Interior and the Secretary of 
     Agriculture shall jointly submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (5) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this subsection, including 
     any determination made under paragraph (2)(C), shall not be 
     subject to judicial review.

     SEC. ___. IMPLEMENTATION OF LESSER PRAIRIE-CHICKEN RANGE-WIDE 
                   CONSERVATION PLAN AND OTHER CONSERVATION 
                   MEASURES.

       (a) Definitions.--In this section:
       (1) Candidate conservation agreement; candidate 
     conservation agreement with assurances.--The terms 
     ``Candidate Conservation Agreement'' and ``Candidate 
     Conservation Agreement with Assurances'' have the meanings 
     given those terms in the announcement of the Department of 
     the Interior and the Department of Commerce entitled 
     ``Announcement of Final Policy for Candidate Conservation 
     Agreements with Assurances'' (64 Fed. Reg. 32726 (June 17, 
     1999)).
       (2) Lesser prairie-chicken.--The term ``lesser prairie-
     chicken'' means a prairie-chicken of the species Tympanuchus 
     pallidicinctus.
       (3) Range-wide plan.--The term ``Range-Wide Plan'' means 
     the lesser prairie-chicken Range-Wide Conservation Plan of 
     the Western Association of Fish and Wildlife Agencies, as 
     described in the proposed rule of the United States Fish and 
     Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Listing the Lesser-Prairie Chicken as a 
     Threatened Species with a Special Rule'' (79 Fed. Reg. 4652 
     (January 29, 2014)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Prohibition on Treatment as Threatened or Endangered 
     Species.--
       (1) In general.--Notwithstanding any prior action by the 
     Secretary, the lesser prairie-chicken shall not be treated as 
     a threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     before the date that is 10 years after the date of enactment 
     of this Act.
       (2) Prohibition on proposal.--Effective beginning on the 
     date that is 10 years after the date of enactment of this 
     Act, the lesser prairie-chicken may not be treated as a 
     threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     unless the Secretary publishes a determination, based on the 
     totality of the scientific evidence, that conservation (as 
     that term is used in that Act) under the Range-Wide Plan and 
     the agreements, programs, and efforts described in subsection 
     (c) have not achieved the conservation goals established by 
     the Range-Wide Plan.
       (c) Monitoring of Progress of Conservation Programs.--The 
     Secretary shall monitor and annually submit to Congress a 
     report on the conservation progress of the lesser prairie-
     chicken under the Range-Wide Plan and all related--
       (1) Candidate Conservation Agreements and Candidate 
     Conservation Agreements with Assurances;
       (2) Federal conservation programs administered by the 
     Director of the United States Fish and Wildlife Service, the 
     Director of the Bureau of Land Management, and the Secretary 
     of Agriculture;
       (3) State conservation programs; and
       (4) private conservation efforts.

     SEC. ___. REMOVAL OF ENDANGERED SPECIES STATUS FOR AMERICAN 
                   BURYING BEETLE.

       Notwithstanding the final rule of the United States Fish 
     and Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Determination of Endangered Status for 
     the American Burying Beetle'' (54 Fed. Reg. 29652 (July 13, 
     1989)), the American burying beetle (Nicrophorus americanus) 
     may not be listed as a threatened species or an endangered 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.).
                                 ______
                                 
  SA 4009. Mr. LEE 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. ___. GUARANTEEING DUE PROCESS FOR UNITED STATES CITIZENS 
                   AND LAWFUL PERMANENT RESIDENTS.

       (a) Short Title.--This section may be cited as the ``Due 
     Process Guarantee Act''.

[[Page S7500]]

       (b) Prohibition on the Indefinite Detention of Citizens and 
     Lawful Permanent Residents.--
       (1) Limitation on detention.--
       (A) In general.--Section 4001(a) of title 18, United States 
     Code, is amended--
       (i) by striking ``No citizen'' and inserting the following:
       ``(1) No citizen or lawful permanent resident of the United 
     States''; and
       (ii) by adding at the end the following:
       ``(2) Any Act of Congress that authorizes an imprisonment 
     or detention described in paragraph (1) shall be consistent 
     with the Constitution and expressly authorize such 
     imprisonment or detention.''.
       (B) Applicability.--Nothing in section 4001(a)(2) of title 
     18, United States Code, as added by subparagraph (A)(i), may 
     be construed to limit, narrow, abolish, or revoke any 
     detention authority conferred by statute, declaration of war, 
     authorization to use military force, or similar authority 
     effective before the date of the enactment of this Act.
       (2) Relationship to an authorization to use military force, 
     declaration of war, or similar authority.--Section 4001 of 
     title 18, United States Code, as amended by paragraph (1), is 
     further amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following:
       ``(b)(1) No United States citizen or lawful permanent 
     resident who is apprehended in the United States may be 
     imprisoned or otherwise detained without charge or trial 
     unless such imprisonment or detention is expressly authorized 
     by an Act of Congress.
       ``(2) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, may 
     not be construed to authorize the imprisonment or detention 
     without charge or trial of a citizen or lawful permanent 
     resident of the United States apprehended in the United 
     States.
       ``(3) Paragraph (2) shall apply to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the Due Process Guarantee Act.
       ``(4) Nothing in this section may be construed to authorize 
     the imprisonment or detention of a citizen of the United 
     States, a lawful permanent resident of the United States, or 
     any other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 4010. Mr. LEE 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 XII, insert the 
     following:

             Subtitle __--Military Humanitarian Operations

     SEC. __. SHORT TITLE.

       This subtitle may be cited as the ``Military Humanitarian 
     Operations Act of 2021''.

     SEC. __. MILITARY HUMANITARIAN OPERATION DEFINED.

       (a) In General.--In this subtitle, the term ``military 
     humanitarian operation'' means a military operation involving 
     the deployment of members or weapons systems of the United 
     States Armed Forces where hostile activities are reasonably 
     anticipated and with the aim of preventing or responding to a 
     humanitarian catastrophe, including its regional 
     consequences, or addressing a threat posed to international 
     peace and security. The term includes--
       (1) operations undertaken pursuant to the principle of the 
     ``responsibility to protect'' as referenced in United Nations 
     Security Council Resolution 1674 (2006);
       (2) operations specifically authorized by the United 
     Nations Security Council, or other international 
     organizations; and
       (3) unilateral deployments and deployments made in 
     coordination with international organizations, treaty-based 
     organizations, or coalitions formed to address specific 
     humanitarian catastrophes.
       (b) Operations Not Included.--The term ``military 
     humanitarian operation'' does not mean a military operation 
     undertaken for the following purposes:
       (1) Responding to or repelling attacks, or preventing 
     imminent attacks, on the United States or any of its 
     territorial possessions, embassies, or consulates, or members 
     of the United States Armed Forces.
       (2) Direct acts of reprisal for attacks on the United 
     States or any of its territorial possessions, embassies, or 
     consulates, or members of the United States Armed Forces.
       (3) Invoking the inherent right to individual or collective 
     self-defense in accordance with Article 51 of the Charter of 
     the United Nations.
       (4) Military missions to rescue United States citizens or 
     military or diplomatic personnel abroad.
       (5) Humanitarian missions in response to natural disasters 
     where no civil unrest or combat with hostile forces is 
     reasonably anticipated, and where such operation is for not 
     more than 30 days.
       (6) Actions to maintain maritime freedom of navigation, 
     including actions aimed at combating piracy.
       (7) Training exercises conducted by the United States Armed 
     Forces abroad where no combat with hostile forces is 
     reasonably anticipated.

     SEC. __. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.

       The President may not deploy members of the United States 
     Armed Forces into the territory, airspace, or waters of a 
     foreign country for a military humanitarian operation not 
     previously authorized by statute unless--
       (1) the President submits to Congress a formal request for 
     authorization to use members of the Armed Forces for the 
     military humanitarian operation; and
       (2) Congress enacts a specific authorization for such use 
     of forces.

     SEC. __. SEVERABILITY.

       If any provision of this subtitle is held to be 
     unconstitutional, the remainder of the subtitle shall not be 
     affected.
                                 ______
                                 
  SA 4011. Mr. LEE 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. __. WAIVER OF COASTWISE ENDORSEMENT REQUIREMENTS.

       Section 12112 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) Waivers In Cases of Product Carrier Scarcity or 
     Unavailability.--
       ``(1) In general.--The head of an agency shall, upon 
     request, temporarily waive the requirements of subsection 
     (a), including the requirement to satisfy section 12103, if 
     the person requesting that waiver reasonably demonstrates to 
     the head of an agency that--
       ``(A) there is no product carrier, with respect to a 
     specified good, that meets such requirements, exists, and is 
     available to carry such good; and
       ``(B) the person made a good faith effort to locate a 
     product carrier that complies with such requirements.
       ``(2) Duration.--Any waiver issued under paragraph (1) 
     shall be limited in duration, and shall expire by a specified 
     date that is not less than 30 days after the date on which 
     the waiver is issued.
       ``(3) Extension.--Upon request, if the circumstances under 
     which a waiver was issued under paragraph (1) have not 
     substantially changed, the head of an agency shall, without 
     delay, grant one or more extensions to a waiver issued under 
     paragraph (1), for periods of not less than 15 days each.
       ``(4) Deadline for waiver response.--
       ``(A) Response deadline.--Not later than 60 days after 
     receiving a request for a waiver under paragraph (1), the 
     head of an agency shall approve or deny such request.
       ``(B) Findings in support of denied waiver.--If the head of 
     an agency denies such a request, the head of an agency shall, 
     not later than 14 days after denying the request, submit to 
     the requester a report that includes the findings that served 
     as the basis for denying the request.
       ``(C) Request deemed granted.--If the head of an agency has 
     neither granted nor denied the request before the response 
     deadline described in subparagraph (A), the request shall be 
     deemed granted on the date that is 61 days after the date on 
     which the head of an agency received the request. A waiver 
     that is deemed granted under this subparagraph shall be valid 
     for a period of 30 days.
       ``(5) Notice to congress.--
       ``(A) In general.--The head of an agency shall notify 
     Congress--
       ``(i) of any request for a temporary waiver under this 
     subsection, not later than 48 hours after receiving such 
     request; and
       ``(ii) of the issuance of any such waiver, not later than 
     48 hours after such issuance.
       ``(B) Contents.--The head of an agency shall include in 
     each notification under subparagraph (A)(ii) a detailed 
     explanation of the reasons the waiver is necessary.
       ``(6) Definitions.--In this subsection:
       ``(A) Product carrier.--The term `product carrier', with 
     respect to a good, means a vessel constructed or adapted 
     primarily to carry such good in bulk in the cargo spaces.
       ``(B) Head of an agency.--The term ``head of an agency'' 
     means an individual, or such individual acting in that 
     capacity, who is responsible for the administration of the 
     navigation or vessel inspection laws.''.
                                 ______
                                 
  SA 4012. Mr. LEE 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

[[Page S7501]]

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. 12__. PROHIBITION ON USE OF FUNDS TO PROVIDE ASSISTANCE 
                   TO VETTED SYRIAN OPPOSITION.

       None of the funds authorized to be appropriated by this Act 
     may be obligated or expended for activities under section 
     1209 of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (Public Law 
     113-291; 127 Stat. 3541), as most recently amended by section 
     1222 of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283).
                                 ______
                                 
  SA 4013. Mr. LEE 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. ___. REPEAL OF LIMITATION ON AWARDING CONTRACTS TO 
                   ENTITIES OPERATING COMMERCIAL TERRESTRIAL 
                   COMMUNICATION NETWORKS THAT CAUSE HARMFUL 
                   INTERFERENCE WITH THE GLOBAL POSITIONING 
                   SYSTEM.

       Section 1662 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) is repealed.
                                 ______
                                 
  SA 4014. Ms. MURKOWSKI 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__. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH 
                   SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN 
                   LAOS FOR INTERMENT IN NATIONAL CEMETERIES.

       (a) In General.--Section 2402(a)(10) of title 38, United 
     States Code, is amended--
       (1) by striking the period at the end and inserting ``; 
     or''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) who--
       ``(i) the Secretary determines served honorably with a 
     special guerrilla unit or irregular forces operating from a 
     base in Laos in support of the Armed Forces at any time 
     during the period beginning on February 28, 1961, and ending 
     on May 7, 1975; and
       ``(ii) at the time of the individual's death--

       ``(I) was a citizen of the United States or an alien 
     lawfully admitted for permanent residence in the United 
     States; and
       ``(II) resided in the United States.''.

       (b) Effective Date.--The amendments made by this section 
     shall have effect as if included in the enactment of section 
     251(a) of title II of the Military Construction, Veterans 
     Affairs, and Related Agencies Appropriations Act, 2018 
     (division J of Public Law 115-141; 132 Stat. 824).
                                 ______
                                 
  SA 4015. 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 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)(2)(B) of title 10, United States Code, is 
     amended by striking ``specified in subsection (a)(2)'' and 
     all that follows through the period at the end and inserting 
     ``shall be $11,000,000 instead of any dollar limitation 
     specified in section 2805 of this title.''.
                                 ______
                                 
  SA 4016. Mr. KELLY (for himself, Mrs. Feinstein, Mr. Wyden, and Ms. 
Sinema) 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. ____ BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN 
                   EDUCATION MODERNIZATION.

       (a) Clarifying Amendments to Definitions.--Section 1403 of 
     the Barry Goldwater Scholarship and Excellence in Education 
     Act (20 U.S.C. 4702) is amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5) The term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the United States Virgin Islands, American Samoa, the 
     Commonwealth of the Northern Marianas, the Republic of the 
     Marshall Islands, the Federated States of Micronesia, and the 
     Republic of Palau.''; and
       (2) in paragraph (6) by inserting ``, a resident of a 
     State,'' after ``national of the United States''.
       (b) Barry Goldwater Scholarship and Excellence in Education 
     Awards.--
       (1) Section 1405(a) of the Barry Goldwater Scholarship and 
     Excellence in Education Program (20 U.S.C. 4704(a)) is 
     amended--
       (A) in the subsection heading, by striking ``Award of 
     Scholarships and Fellowships'' and inserting ``Award of 
     Scholarships, Fellowships, and Research Internships'';
       (B) in paragraph (1)--
       (i) by striking ``scholarships and fellowships'' and 
     inserting ``scholarships, fellowships, and research 
     internships''each place the term appears; and
       (ii) by striking ``science and mathematics'' and inserting 
     ``the natural sciences, engineering, and mathematics'';
       (C) in paragraph (2), by striking ``mathematics and the 
     natural sciences'' and inserting ``the natural sciences, 
     engineering, and mathematics'';
       (D) in paragraph (3), by striking ``mathematics and the 
     natural sciences'' and inserting ``the natural sciences, 
     engineering, and mathematics'';
       (E) by redesignating paragraph (4) as paragraph (5);
       (F) in paragraph (5), as so redesignated, by striking 
     ``scholarships and fellowships'' and inserting 
     ``scholarships, fellowships, and research internships''; and
       (G) by inserting after paragraph (3) the following:
       ``(4) Research internships shall be awarded to outstanding 
     undergraduate students who intend to pursue careers in the 
     natural sciences, engineering, and mathematics, which shall 
     be prioritized for students attending community colleges.''.
       (2) Section 1405(b) of the Barry Goldwater Scholarship and 
     Excellence in Education Program (20 U.S.C. 4704(b)) is 
     amended by adding at the end the following: ``Recipients of 
     research internships under this title shall be known as 
     `Barry Goldwater Interns'.''
       (c) Stipends.--Section 1406 of the Barry Goldwater 
     Scholarship and Excellence in Education Act (20 U.S.C. 4705) 
     is amended by adding at the end the following: ``Each person 
     awarded a research internship under this title shall receive 
     a stipend as may be prescribed by the Board, which shall not 
     exceed the maximum stipend amount awarded for a scholarship 
     or fellowship.''
       (d) Scholarship and Research Internship Conditions.--
     Section 1407 of the Barry Goldwater Scholarship and 
     Excellence in Education Act (20 U.S.C. 4706) is amended--
       (1) in the section heading, by inserting ``and research 
     internship'' after ``scholarship'';
       (2) in subsection (a), by striking the subsection heading 
     and inserting ``Scholarship Conditions'';
       (3) in subsection (b), by striking the subsection heading 
     and inserting ``Reports on Scholarships''; and
       (4) by inserting at the end the following:
       ``(c) Research Internship Conditions.--A person awarded a 
     research internship under this title may receive payments 
     authorized under this title only during such periods as the 
     Foundation finds that the person is maintaining satisfactory 
     proficiency and is not engaging in gainful employment other 
     than employment approved by the Foundation pursuant to 
     regulations of the Board.
       ``(d) Reports on Research Internships.--The Foundation may 
     require reports containing such information in such form and 
     to be filed at such times as the Foundation determines to be 
     necessary from any person awarded a research internship under 
     this title. Such reports may be accompanied by a certificate 
     from an appropriate official at the institution of higher 
     education or internship employer, approved by the Foundation, 
     stating that such person is maintaining satisfactory progress 
     in the internship, and is not engaged in gainful employment, 
     except as otherwise provided in subsection (c).''.
       (e) Sustainable Investments of Funds.--Section 1408 of the 
     Barry Goldwater Scholarship and Excellence in Education Act 
     (20 U.S.C. 4707) is amended--
       (1) in subsection (a), by striking ``subsection (d)'' and 
     inserting ``subsection (f)'';

[[Page S7502]]

       (2) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Investment in Securities.--Notwithstanding subsection 
     (b), the Secretary of the Treasury may invest not more than 
     40 percent of the fund's assets in securities other than 
     public debt securities of the United States, if--
       ``(1) the Secretary receives a determination from the Board 
     that such investments are necessary to enable the Foundation 
     to carry out the purposes of this title; and
       ``(2) the securities in which such funds are invested are 
     traded in established United States markets.
       ``(d) Construction.--Nothing in this section shall be 
     construed to limit the authority of the Board to increase the 
     number of scholarships provided under section 1405, or to 
     increase the amount of the stipend authorized by section 
     1406, as the Board considers appropriate and is otherwise 
     consistent with the requirements of this title.''.
       (f) Administrative Provisions.--Section 1411(a) of the 
     Barry Goldwater Scholarship and Excellence in Education Act 
     (20 U.S.C. 4710(a)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) appoint and fix the rates of basic pay of such 
     personnel (in addition to the Executive Secretary appointed 
     under section 1410) as may be necessary to carry out the 
     provisions of this chapter, without regard to the provisions 
     in chapter 33 of title 5, United States Code, governing 
     appointment in the competitive service or the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title, 
     except that--
       ``(A) a rate of basic pay set under this paragraph may not 
     exceed the maximum rate provided for employees in grade GS-15 
     of the General Schedule under section 5332 of title 5, United 
     States Code; and
       ``(B) the employee shall be entitled to the applicable 
     locality-based comparability payment under section 5304 of 
     title 5, United States Code, subject to the applicable 
     limitation established under subsection (g) of such 
     section;'';
       (2) in paragraph (2) by striking ``grade GS-18 under 
     section 5332 of such title'' and inserting ``level IV of the 
     Executive Schedule'';
       (3) in paragraph (7), by striking ``and'' at the end;
       (4) by redesignating paragraph (8) as paragraph (10); and
       (5) by inserting after paragraph (7) the following:
       ``(8) expend not more than 5 percent of the Foundation's 
     annual operating budget on programs that, in addition to or 
     in conjunction with the Foundation's scholarship financial 
     awards, support the development of Barry Goldwater Scholars 
     and Barry Goldwater interns throughout their professional 
     careers;
       ``(9) expend not more than 5 percent of the Foundation's 
     annual operating budget to pay the costs associated with 
     fundraising activities, including public and private 
     gatherings; and''.
                                 ______
                                 
  SA 4017. Mr. KELLY (for himself, Mr. Cramer, Mr. Durbin, Mrs. 
Gillibrand, Mr. Kaine, Mr. Brown, Mr. Lujan, Mr. Blumenthal, and Mr. 
Hickenlooper) 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. MANDATORY REFERRAL OF MEMBERS OF THE ARMED FORCES 
                   FOR MENTAL HEALTH EVALUATION.

       (a) In General.--Section 1090a of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Process Applicable to Member Disclosure.--The 
     regulations required by subsection (a) shall--
       ``(1) establish a phrase that enables a member of the armed 
     forces to trigger a referral of the member by a commanding 
     officer or supervisor for a mental health evaluation;
       ``(2) require a commanding officer or supervisor to make 
     such referral as soon as practicable following disclosure by 
     the member to the commanding officer or supervisor of the 
     phrase established under paragraph (1); and
       ``(3) ensure that the process under this subsection 
     protects the confidentiality of the member in a manner 
     similar to the confidentiality provided for members making 
     restricted reports under section 1565b(b) of this title.''.
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended, in the second sentence, by striking ``subsections 
     (b), (c), and (d)'' and inserting ``this section''.
                                 ______
                                 
  SA 4018. Mr. KELLY (for himself, Ms. Murkowski, Mr. Tester, Mr. 
Portman, Ms. Warren, Ms. Rosen, Ms. Baldwin, Mr. Blunt, Mr. Blumenthal, 
and Mr. Hickenlooper) 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. IMPROVEMENTS TO DEPENDENT COVERAGE UNDER TRICARE 
                   YOUNG ADULT PROGRAM.

       (a) Expansion of Eligibility.--Subsection (b) of section 
     1110b of title 10, United States Code, is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively.
       (b) Elimination of Separate Premium for a Young Adult.--
     Such section is further amended by striking subsection (c).
       (c) Conforming Amendment.--Section 1075(c)(3) of title 10, 
     United States Code, is amended by striking ``section 1076d, 
     1076e, or 1110b'' and inserting ``section 1076d or 1076e''.
                                 ______
                                 
  SA 4019. Mr. BROWN 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 V, add the following:

     SEC. 503. EXTENSION OF TRANSITION PERIOD RELATING TO 
                   MODIFICATIONS TO RULES FOR RETIREMENT OR 
                   SEPARATION FOR COMMISSIONED OFFICERS WHO REACH 
                   62 YEARS OF AGE.

       (a) In General.--Section 1251(e)(2) of title 10, United 
     States Code, is amended by striking ``the date of the 
     enactment of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021'' and inserting 
     ``December 31, 2022''.
       (b) Retroactive Effect.--
       (1) In general.--The amendment made by subsection (a) takes 
     effect on January 1, 2021, as if included in the enactment of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283).
       (2) Treatment of separations between january 1, 2021, and 
     date of enactment.--A commissioned officer who is separated 
     under paragraph (1) of section 1251(e) of title 10, United 
     States Code, on or after January 1, 2021, and before the date 
     of the enactment of this Act, and who qualifies under 
     paragraph (2) of that section, as amended by subsection (a), 
     for retirement and retired pay, shall be--
       (A) transferred to retired status; and
       (B) paid retired pay computed under section 1401 of title 
     10, United States Code, for each month that begins after the 
     date of separation.
                                 ______
                                 
  SA 4020. Mrs. GILLIBRAND (for herself and Mr. Tillis) 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, insert the following:

     SEC. 583. MODIFICATION OF RESPONSE PROCEDURES FOR INCIDENTS 
                   OF SERIOUS HARM TO CHILDREN INVOLVING MILITARY 
                   DEPENDENTS ON MILITARY INSTALLATIONS.

       Section 549B of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) is amended--
       (1) in subsection (b)(2)(A), by striking ``problematic'' 
     and all that follows and inserting the following: ``such 
     incidents that are reported to an appropriate office, as 
     determined by the Secretary, or investigated by a military 
     criminal investigative organization.''; and
       (2) in subsection (c)--
       (A) in the subsection heading, by striking ``Reported to 
     Family Advocacy Programs'';
       (B) by amending paragraph (1) to read as follows:
       ``(1) Response groups.--
       ``(A) Incident determination committee membership.--The 
     Secretary of Defense shall ensure that the voting membership 
     of each Incident Determination Committee on a

[[Page S7503]]

     military installation includes medical personnel with the 
     knowledge and expertise required to determine whether a 
     reported incident of serious harm to a child meets the 
     criteria of the Department of Defense for child abuse 
     described in subsection (a)(2)(A).
       ``(B) Serious harmful behaviors between children and youth 
     multidisciplinary team.--The Secretary of Defense shall 
     establish guidance for each Serious Harmful Behaviors Between 
     Children and Youth Multidisciplinary Team on a military 
     installation to address reported incidents of serious harmful 
     behaviors between children and youth described in subsection 
     (a)(2)(C).'';
       (C) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by inserting ``relating to 
     child abuse and adult crimes against children'';
       (II) by striking ``covered incidents of serious harm to 
     children'' and inserting ``incidents of child abuse described 
     in subsection (a)(2)(A) and crimes described in subsection 
     (a)(2)(B)'';

       (ii) by redesignating subparagraph (B) as subparagraph (C);
       (iii) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) Development of standardized process relating to 
     serious harmful behaviors between children and youth.--The 
     Secretary of Defense shall develop a standardized process by 
     which a military department screens incidents of serious 
     harmful behavior between children and youth described in 
     subsection (a)(2)(C) to determine whether to convene a 
     Serious Harmful Behavior Between Children and Youth 
     Multidisciplinary Team.''; and
       (iv) in subparagraph (C), as redesignated by clause (ii), 
     by striking ``process developed pursuant to subparagraph 
     (A)'' and inserting ``processes developed pursuant to 
     subparagraphs (A) and (B)''; and
       (D) in paragraph (7)--
       (i) by striking ``Incident'' and all that follows through 
     ``the term'' and inserting the following: ``Definitions.--In 
     this subsection:
       ``(A) Incident determination committee.--The term'';
       (ii) by inserting after ``child abuse'' the following: 
     ``described in subsection (a)(2)(A) and crimes described in 
     subsection (a)(2)(B)''; and
       (iii) by adding at the end the following new subparagraph:
       ``(B) Serious harmful behaviors between children and youth 
     multidisciplinary team.--The term `Serious Harmful Behaviors 
     Between Children and Youth Multidisciplinary Team' means a 
     coordinated community response team on a military 
     installation--
       ``(i) composed of members with the requisite experience, 
     qualifications, and skills to address serious harmful 
     behaviors between children and youth described in subsection 
     (a)(2)(C) from a developmentally appropriate and trauma-
     informed perspective; and
       ``(ii) with objectives that include development of 
     procedures for information sharing, collaborative and 
     coordinated response, restorative resolution, effective 
     investigations and assessments, evidence-based clinical 
     interventions and rehabilitation, and prevention of serious 
     harmful behaviors between children and youth.''.
                                 ______
                                 
  SA 4021. Ms. ERNST (for herself, Ms. Hassan, Mr. Grassley, Mr. 
Cramer, Mrs. Feinstein, Mr. Burr, Mr. Tillis, Mr. Risch, Mrs. 
Gillibrand, and Mr. Tester) 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 X, add the following:

     SEC. 10___. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.

       (a) Authorization.--Notwithstanding section 8908(c) of 
     title 40, United States Code, the Global War on Terrorism 
     Memorial Foundation shall establish a National Global War on 
     Terrorism Memorial within the Reserve.
       (b) Location.--The Memorial may be located at one of the 
     following sites:
       (1) Potential Site 1--Constitution Gardens, Prime Candidate 
     Site 10 in The Memorials and Museums Master Plan.
       (2) Potential Site 2--JFK Hockey Fields, Prime Candidate 
     Site 18 in The Memorials and Museums Master Plan.
       (3) Potential Site 3--West Potomac Park, Candidate Site 70 
     in The Memorials and Museums Master Plan.
       (c) Commemorative Works Act.--Except as otherwise provided 
     by subsections (a) and (b), chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act''), shall apply to the Memorial.
       (d) Definitions.--In this section:
       (1) Memorial.--The term ``Memorial'' means the National 
     Global War on Terrorism Memorial authorized under subsection 
     (a).
       (2) Reserve.--The term ``Reserve'' has the meaning given 
     that term in 8902(a)(3) of title 40, United States Code.
                                 ______
                                 
  SA 4022. Mrs. SHAHEEN (for herself and Mr. Tillis) 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. TREATMENT FOR EATING DISORDERS FOR MEMBERS OF THE 
                   ARMED FORCES AND DEPENDENTS OF MEMBERS OF THE 
                   UNIFORMED SERVICES.

       (a) Findings.--Congress finds the following:
       (1) Eating disorders affect approximately 30,000,000 
     individuals in the United States, or nine percent of the 
     population, during their lifetime, including individuals from 
     every age, gender, body size, race, ethnicity, and 
     socioeconomic status.
       (2) Eating disorders are severe, biologically based mental 
     illnesses caused by a complex interaction of genetic, 
     biological, social, behavioral, and psychological factors.
       (3) Eating disorders result in the second highest case 
     fatality rate of any psychiatric illness, with one death 
     every 52 minutes as a direct result of an eating disorder due 
     to serious medical comorbidities and suicide.
       (4) Untreated eating disorders cost the economy of the 
     United States $64,700,000,000 annually, with individuals and 
     their families experiencing an economic loss of 
     $23,500,000,000 annually.
       (5) A study from the Armed Forces Health Surveillance 
     Branch found that diagnoses of eating disorders among 
     military personnel increased by 26 percent from 2013 to 2016.
       (6) Although accurate estimates are challenging due to 
     underreporting, the prevalence of eating disorders among 
     members of the Armed Forces is two to three times higher than 
     in the civilian population.
       (7) The Defense Health Board found that women members of 
     the Armed Forces on active duty experience high rates of 
     eating disorders, which can adversely affect the readiness 
     and health of such members.
       (8) Risk factors for eating disorders among members of the 
     Armed Forces include pressure to maintain weight and fitness 
     standards, trauma, sexual harassment, weight stigmatization, 
     and post-traumatic stress disorder.
       (9) Family members of members of the Armed Forces have a 
     higher prevalence of eating disorders than the general 
     population, with 21 percent of children and 26 percent of 
     spouses of members of the Armed Forces found to be at risk of 
     developing an eating disorder.
       (10) Research demonstrates a strong correlation in the risk 
     of developing an eating disorder between a military spouse 
     and their adolescent child. An adolescent female dependent of 
     a member of the Armed Forces is more likely to be at risk for 
     an eating disorder if their nonmilitary parent is at risk for 
     an eating disorder.
       (b) Treatment for Eating Disorders for Dependents of 
     Members of the Uniformed Services.--Section 1079 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(18) Treatment for an eating disorder may be provided in 
     accordance with subsection (r).''; and
       (2) by adding at the end the following new subsection:
       ``(r)(1) The provision of health care services for an 
     eating disorder under subsection (a)(18) shall include 
     treatment at facilities providing the following services:
       ``(A) Inpatient services, including residential services.
       ``(B) Outpatient services for in-person and telehealth 
     care, including--
       ``(i) Partial hospitalization services; and
       ``(ii) Intensive outpatient services.
       ``(2) A dependent may be provided health care services for 
     an eating disorder under subsection (a)(18) without regard to 
     the age of the dependent, except with respect to residential 
     services under paragraph (1)(A), which may be provided only 
     to a dependent who is not eligible for hospital insurance 
     benefits under part A of title XVIII of the Social Security 
     Act (42 U.S.C. 1395c et seq.).
       ``(3) In this section, the term `eating disorder' has the 
     meaning given the term `feeding and eating disorders' in the 
     Diagnostic and Statistical Manual of Mental Disorders, 5th 
     Edition (or successor edition), published by the American 
     Psychiatric Association.''.
       (c) Identification and Treatment of Eating Disorders for 
     Members of the Armed Forces.--
       (1) In general.--Section 1090 of title 10, United States 
     Code, is amended--
       (A) by striking ``The Secretary of Defense'' and inserting 
     the following:
       ``(a) Identification and Treatment of Eating Disorders and 
     Drug and Alcohol Dependence.--The Secretary of Defense'';
       (B) by inserting ``have an eating disorder or'' before 
     ``are dependent on drugs or alcohol'';
       (C) by adding at the end the following new subsections:
       ``(b) Facilities Available to Individuals With Eating 
     Disorders.--For purposes of

[[Page S7504]]

     this section, necessary facilities described in subsection 
     (a) shall include the facilities described in section 
     1079(r)(1) of this title.
       ``(c) Eating Disorder Defined.--In this section, the term 
     `eating disorder' has the meaning given that term in section 
     1079(r)(3) of this title.''; and
       (D) in the section heading, by inserting ``eating disorders 
     and'' after ``treating''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by striking 
     the item relating to section 1090 and inserting the following 
     new item:

``1090. Identifying and treating eating disorders and drug and alcohol 
              dependence.''.
       (d) Clinical Practice Criteria and Guidelines on the 
     Identification and Treatment of Eating Disorders.--
       (1) In general.-- Not later than two years after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Veterans Affairs, in consultation with 
     specialized stakeholders, shall jointly develop, publish, and 
     disseminate clinical practice criteria and guidelines on the 
     identification and treatment of eating disorders.
       (2) Inclusion of recommendations and guidelines.--The 
     criteria and guidelines developed, published, and 
     disseminated under paragraph (1) shall include--
       (A) recommendations and guidelines established by, and any 
     guidance from, the Substance Abuse and Mental Health Services 
     Administration, the Centers for Disease Control and 
     Prevention, and the National Institute of Mental Health; and
       (B) clinical practice guidelines developed by specialized 
     nonprofit professional associations.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2022.
                                 ______
                                 
  SA 4023. Mrs. SHAHEEN 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. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND 
                   POLYFLUOROALKYL SUBSTANCES AS COMPONENT OF 
                   PERIODIC HEALTH ASSESSMENTS.

       (a) Periodic Health Assessment.--Each Secretary concerned 
     shall ensure that any periodic health assessment provided to 
     a member of the Armed Forces includes an assessment of 
     whether the member has been--
       (1) based or stationed at a military installation 
     identified by the Secretary concerned as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       (2) exposed to such substances, including by assessing any 
     information in the health record of the member.
       (b) Separation History and Physical Examinations.--Section 
     1145(a)(5) of title 10, United States Code, is amended by 
     adding at the end the following new subparagraph:
       ``(D) The Secretary concerned shall ensure that each 
     physical examination of a member under subparagraph (A) 
     includes an assessment of whether the member was--
       ``(i) based or stationed at a military installation 
     identified by the Secretary concerned as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       ``(ii) exposed to such substances, including by assessing 
     any information in the health record of the member.''.
       (c) Deployment Assessments.--Section 1074f(b)(2) of title 
     10, United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(E) An assessment of whether the member was--
       ``(i) based or stationed at a military installation 
     identified by the Secretary concerned as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       ``(ii) exposed to such substances, including by assessing 
     any information in the health record of the member.''.
       (d) Provision of Blood Testing to Determine Exposure to 
     Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--
       (1) In general.--If a covered evaluation of a member of the 
     Armed Forces results in a positive determination of potential 
     exposure to perfluoroalkyl substances or polyfluoroalkyl 
     substances, the Secretary concerned shall provide to that 
     member, during the covered evaluation, blood testing to 
     determine and document potential exposure to such substances.
       (2) Inclusion in health record.--The results of a blood 
     test of a member of the Armed Forces conducted under 
     subparagraph (A) shall be included in the health record of 
     the member.
       (e) Definitions.--In this section:
       (1) Covered evaluation.--The term ``covered evaluation'' 
     means--
       (A) a periodic health assessment conducted in accordance 
     with subsection (a);
       (B) a separation history and physical examination conducted 
     under section 1145(a)(5) of title 10, United States Code, as 
     amended by subsection (b); or
       (C) a deployment assessment conducted under section 
     1074f(b)(2) of such title, as amended by subsection (c).
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given such term in section 101 of title 10, 
     United States Code.
                                 ______
                                 
  SA 4024. Mrs. SHAHEEN 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. __. PERMANENCY OF SBIR AND STTR PROGRAMS.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended--
       (1) in the subsection heading, by striking ``Termination'' 
     and inserting ``SBIR Program Authorization''; and
       (2) by striking ``terminate on September 30, 2022'' and 
     inserting ``be in effect for each fiscal year''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal 
     year 2022''.
                                 ______
                                 
  SA 4025. Mrs. MURRAY 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. ___. ANNUITY SUPPLEMENT.

       Section 8421a(c) of title 5, United States Code, is 
     amended--
       (1) by striking ``as an air traffic'' and inserting the 
     following: ``as an--
       ``(1) air traffic'';
       (2) in paragraph (1), as so designated, by striking the 
     period at the end and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(2) air traffic controller pursuant to a contract made 
     with the Secretary of Transportation under section 47124 of 
     title 49.''.
                                 ______
                                 
  SA 4026. Mr. BENNET (for himself and Mr. Sasse) 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. __. EMERGING TECHNOLOGY LEADS.

       (a) Definitions.--In this section:
       (1) Covered individual.--The term ``covered individual'' 
     means--
       (A) an individual serving in a Senior Executive Service 
     position, as that term is defined in section 3132(a) of title 
     5, United States Code;
       (B) an individual who--
       (i) is serving in a position to which section 5376 of title 
     5, United States Code, applies; and
       (ii) has a significant amount of seniority and experience, 
     as determined by the head of the applicable covered Federal 
     agency; or
       (C) another individual who is the equivalent of an 
     individual described in subparagraph (A) or (B), as 
     determined by the head of the applicable covered Federal 
     agency.
       (2) Covered federal agency.--The term ``covered Federal 
     agency'' means--
       (A) an agency listed in section 901(b) of title 31, United 
     States Code; or
       (B) an element of the intelligence community, as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       (b) Appointment or Designation.--Each covered Federal 
     agency that is also substantially engaged in the development, 
     application, or oversight of emerging technologies shall 
     consider appointing or designating a

[[Page S7505]]

     covered individual as an emerging technology lead to advise 
     the agency on the responsible use of emerging technologies, 
     including artificial intelligence, provide expertise on 
     responsible policies and practices, collaborate with 
     interagency coordinating bodies, and provide input for 
     procurement policies.
       (c) Informing Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall inform 
     Congress of each covered Federal agency in which a covered 
     individual has been appointed or designated as an emerging 
     technology lead under subsection (b) and provide Congress 
     with a description of the authorities and responsibilities of 
     the covered individuals so appointed.
                                 ______
                                 
  SA 4027. Mr. BENNET (for himself and Mr. Sasse) 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. ___. TECHNOLOGY COMPETITIVENESS COUNCIL.

       The Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by 
     adding at the end the following:

            ``TITLE VII--TECHNOLOGY COMPETITIVENESS COUNCIL

     ``SEC. 701. ESTABLISHMENT OF COUNCIL.

       ``The President shall establish within the Executive Office 
     of the President a Technology Competitiveness Council (in 
     this title, referred to as the `Council').

     ``SEC. 702. MEMBERSHIP OF COUNCIL.

       ``(a) In General.--The Council shall be composed of the 
     following members:
       ``(1) The Vice President.
       ``(2) The Secretary of State.
       ``(3) The Secretary of the Treasury.
       ``(4) The Secretary of Defense.
       ``(5) The Attorney General.
       ``(6) The Secretary of Commerce.
       ``(7) The Secretary of Energy.
       ``(8) The Secretary of Homeland Security.
       ``(9) The Director of the Office of Management and Budget.
       ``(10) The Assistant to the President for Technology 
     Competitiveness.
       ``(11) The Assistant to the President for National Security 
     Affairs.
       ``(12) The Assistant to the President for Science and 
     Technology.
       ``(13) The Assistant to the President for Economic Policy.
       ``(14) The Assistant to the President for Domestic Policy.
       ``(15) The United States Trade Representative.
       ``(16) The Chairman of the Joint Chiefs of Staff.
       ``(17) The Director of National Intelligence.
       ``(18) The heads of such other executive departments and 
     agencies and other senior officials within the Executive 
     Office of the President as the Chairperson of the Council 
     considers appropriate.
       ``(b) Chairperson.--The Chairperson of the Council shall be 
     the Vice President.

     ``SEC. 703. OPERATION OF COUNCIL.

       ``(a) Responsibilities of Chair.--The Chairperson of the 
     Council--
       ``(1) shall convene and preside over meetings of the 
     Council and shall determine the agenda for the Council;
       ``(2) may authorize the establishment of such committees of 
     the Council, including an executive committee, and of such 
     working groups, composed of senior designees of the Council 
     members and of other officials, as the Chairperson deems 
     necessary or appropriate for the efficient conduct of Council 
     functions; and
       ``(3) shall report to the President on the activities and 
     recommendations of the Council and shall advise the Council 
     as appropriate regarding the President's directions with 
     respect to the Council's activities and national technology 
     policy generally.
       ``(b) Administration.--
       ``(1) Staff.--The Council may hire a staff, which shall be 
     headed by the Assistant to the President for Technology 
     Competitiveness.
       ``(2) Support.--
       ``(A) Support from office of administration.--The Office of 
     Administration in the Executive Office of the President shall 
     provide the Council with such personnel, funding, and 
     administrative support, as directed by the Chair or, upon the 
     Chair's direction, the Assistant to the President for 
     Technology Competitiveness, subject to the availability of 
     appropriations.
       ``(B) Support from other agencies.--Subject to the 
     availability of appropriations, members of the Council who 
     are heads of Federal agencies shall make resources, including 
     personnel and office support, available to the Council as 
     reasonably requested by the Chairperson or, upon the 
     Chairperson's direction, the Assistant to the President for 
     Technology Competitiveness.
       ``(3) Information and assistance.--The heads of Federal 
     agencies shall provide to the Council such information and 
     assistance as the Chairperson may request to carry out the 
     functions described in section 704.
       ``(4) Coordination with national security council.--The 
     Council shall coordinate with the National Security Council 
     on technology policy and strategy matters relating primarily 
     to national security to ensure that the activities of the 
     Council are carried out in a manner that is consistent with 
     the responsibilities and authorities of the National Security 
     Council.

     ``SEC. 704. FUNCTIONS OF COUNCIL.

       ``The Council shall be responsible for the following:
       ``(1) Developing recommendations for the President on 
     United States technology competitiveness and technology-
     related issues, advising and assisting the President in 
     development and implementation of national technology policy 
     and strategy, and performing such other duties as the 
     President may prescribe.
       ``(2) Developing and overseeing the implementation of a 
     National Technology Strategy required by section 601 of the 
     Intelligence Authorization Act for Fiscal Year 2022.
       ``(3) Serving as a forum for balancing national security, 
     economic, and technology considerations of United States 
     departments and agencies as they pertain to technology 
     research, development, commercial interests, and national 
     security applications.
       ``(4) Coordinating policies across Federal departments and 
     agencies relating to United States competitiveness in 
     critical and emerging technologies and ensuring that policies 
     designed to promote United States leadership and protect 
     existing competitive advantages in technologies of strategic 
     importance to the United States are integrated and mutually 
     reinforcing.
       ``(5) Synchronizing budgets and strategies, in consultation 
     with the Director of the Office of Management and Budget, in 
     accordance with the National Technology Strategy required by 
     section 601 of the Intelligence Authorization Act for Fiscal 
     Year 2022.''.
                                 ______
                                 
  SA 4028. Mr. BENNET 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. ___. NATIONAL DIGITAL RESERVE CORPS.

       (a) In General.--Subpart I of part III of title 5, United 
     States Code, is amended by adding at the end the following:

             ``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS

``Sec. 10301. Definitions.
``Sec. 10302. Establishment.
``Sec. 10303. Organization.
``Sec. 10304. Assignments.
``Sec. 10305. Reservist continuing education.
``Sec. 10306. Congressional reports.

     ``SEC. 10301. DEFINITIONS.

       ``In this chapter:
       ``(1) Active reservist.--The term `active reservist' means 
     a reservist occupying a position to which the reservist has 
     been appointed under section 10303(c)(2).
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of General Services.
       ``(3) Inactive reservist.--The term `inactive reservist' 
     means a reservist who is not serving in an appointment under 
     section 10303(c)(2).
       ``(4) Program.--The term `Program' means the program 
     established under section 10302(a).
       ``(5) Reservist.--The term `reservist' means an individual 
     who is a member of the National Digital Reserve Corps.

     ``SEC. 10302. ESTABLISHMENT.

       ``(a) Establishment.--There is established in the General 
     Services Administration a program, to be known as the 
     `National Digital Reserve Corps', to establish, manage, and 
     assign a reserve of individuals with relevant skills and 
     credentials to help address the digital and cybersecurity 
     needs of Executive agencies.
       ``(b) Implementation.--
       ``(1) Guidance.--Not later than 180 days after the date of 
     enactment of this section, the Administrator shall issue 
     guidance with respect to the Program, which shall include 
     procedures for coordinating with Executive agencies to--
       ``(A) identify digital and cybersecurity needs that may be 
     addressed by the National Digital Reserve Corps; and
       ``(B) assign active reservists to address the needs 
     identified under subparagraph (A).
       ``(2) Recruitment and initial assignments.--Not later than 
     180 days after the date of enactment of this section, the 
     Administrator shall begin--
       ``(A) recruiting individuals to serve as reservists; and
       ``(B) assigning active reservists under the Program.

     ``SEC. 10303. ORGANIZATION.

       ``(a) Administration.--
       ``(1) In general.--The National Digital Reserve Corps shall 
     be administered by the Administrator.

[[Page S7506]]

       ``(2) Responsibilities.--In carrying out the Program, the 
     Administrator shall--
       ``(A) establish standards for serving as a reservist, 
     including educational attainment, professional 
     qualifications, and background checks;
       ``(B) ensure the standards established under subparagraph 
     (A) are met;
       ``(C) recruit individuals to the National Digital Reserve 
     Corps;
       ``(D) activate and deactivate reservists as necessary;
       ``(E) coordinate with Executive agencies to--
       ``(i) determine the digital and cybersecurity needs that 
     reservists shall be assigned to address;
       ``(ii) ensure that reservists have access, resources, and 
     equipment required to address the digital and cybersecurity 
     needs that those reservists are assigned to address; and
       ``(iii) analyze potential assignments for reservists to 
     determine outcomes, develop anticipated assignment timelines, 
     and identify Executive agency partners;
       ``(F) ensure that reservists acquire and maintain 
     appropriate suitability and security eligibility and access; 
     and
       ``(G) determine what additional resources, if any, are 
     required to successfully implement the Program.
       ``(b) National Digital Reserve Corps Participation.--
       ``(1) Service obligation agreement.--
       ``(A) In general.--An individual may serve as a reservist 
     only if the individual enters into a written agreement with 
     the Administrator to serve as a reservist.
       ``(B) Contents.--An agreement described in subparagraph (A) 
     shall--
       ``(i) require the individual seeking to become a reservist 
     to serve as a reservist for a 3-year period, during which 
     that individual shall serve not less than 30 days per year as 
     an active reservist; and
       ``(ii) set forth all other rights and obligations of the 
     individual and the Administrator with respect to the service 
     of the individual described in clause (i) as a reservist.
       ``(2) Employee status and compensation.--
       ``(A) Employee status.--An inactive reservist shall not be 
     considered to be an employee for any purpose solely on the 
     basis of being a reservist.
       ``(B) Compensation.--The Administrator shall determine the 
     appropriate compensation for an individual serving as an 
     active reservist, except that the maximum rate of basic pay 
     may not exceed the maximum rate of basic pay payable for a 
     position at GS-15 of the General Schedule (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law).
       ``(3) USERRA employment and reemployment rights.--
       ``(A) In general.--The protections, rights, benefits, and 
     obligations under chapter 43 of title 38 shall apply to 
     active reservists appointed under subsection (c)(2) to--
       ``(i) perform service to the General Services 
     Administration under section 10304; or
       ``(ii) train for service described in clause (i) under 
     section 10305.
       ``(B) Notice of absence from position of employment.--
       ``(i) In general.--Preclusion of giving notice of service 
     by necessity of service under subsection (c)(2) to perform 
     service to the General Services Administration under section 
     10304, or to train for such service under section 10305, 
     shall be deemed preclusion by `military necessity' for 
     purposes of section 4312(b) of title 38 pertaining to giving 
     notice of absence from a position of employment.
       ``(ii) Determination.--A determination of a necessity 
     described in clause (i) shall be made by the Administrator 
     and shall not be subject to review in any judicial or 
     administrative proceeding.
       ``(4) Penalties.--
       ``(A) In general.--Subject to subparagraph (B), a reservist 
     who fails to accept an appointment under subsection (c)(2), 
     or who fails to carry out the duties assigned to the 
     reservist under such an appointment, shall, after notice and 
     an opportunity to be heard--
       ``(i) cease to be a reservist; and
       ``(ii) be fined an amount equal to the sum of--

       ``(I) the amounts, if any, paid under section 10305 with 
     respect to training expenses for the reservist; and
       ``(II) the difference between--

       ``(aa) the amount of compensation the reservist would have 
     received under paragraph (2) if the reservist completed the 
     entire term of service as a reservist agreed to in the 
     agreement described in paragraph (1); and
       ``(bb) the amount of compensation the reservist has 
     received under the agreement described in item (aa).
       ``(B) Exception.--With respect to the failure of a 
     reservist to accept an appointment under subsection (c)(2), 
     or to carry out the duties assigned to the reservist under 
     such an appointment--
       ``(i) subparagraph (A) shall not apply if the failure was 
     due to the continuation, recurrence, or onset of a serious 
     health condition or any other circumstance beyond the control 
     of the reservist; and
       ``(ii) the Administrator may waive the application of 
     subparagraph (A), in whole or in part, if the Administrator 
     determines that applying subparagraph (A) with respect to the 
     failure would be against equity and good conscience and not 
     in the best interest of the United States.
       ``(c) Appointment Authority.--
       ``(1) Corps leadership.--The Administrator may appoint 
     qualified candidates to positions in the competitive service 
     in the General Service Administration for which the primary 
     duties are related to the management or administration of the 
     National Digital Reserve Corps, as determined by the 
     Administrator.
       ``(2) Corps reservists.--
       ``(A) In general.--The Administrator may appoint, without 
     regard to the provisions of subchapter I of chapter 33 (other 
     than sections 3303 and 3328), qualified reservists to 
     temporary positions in the competitive service to--
       ``(i) assign those reservists under section 10304; and
       ``(ii) otherwise carry out the Program.
       ``(B) Appointment limits.--
       ``(i) In general.--The Administrator may not appoint an 
     individual under this paragraph if, during the 1-year period 
     preceding the date on which the appointment is made, the 
     individual has been an officer or employee in the executive 
     or legislative branch of the United States Government, or of 
     any independent establishment, for not fewer than 130 days.
       ``(ii) Automatic appointment termination.--The appointment 
     of an individual under this paragraph shall terminate if the 
     individual has been employed as an officer or employee in the 
     executive or legislative branch of the United States 
     Government, or of any independent establishment, for 130 days 
     during the most recent 365-day period.
       ``(C) Employee status.--An individual appointed under this 
     paragraph shall be considered a special Government employee, 
     as that term is defined in section 202(a) of title 18.
       ``(D) Additional employees.--Individuals appointed under 
     this paragraph shall be in addition to any employees of the 
     General Services Administration, the duties of whom relate to 
     the digital or cybersecurity needs of the General Services 
     Administration.

     ``SEC. 10304. ASSIGNMENTS.

       ``(a) In General.--The Administrator may assign active 
     reservists to address the digital and cybersecurity needs of 
     Executive agencies, including cybersecurity services, digital 
     education and training, data triage, acquisition assistance, 
     guidance on digital projects, development of technical 
     solutions, and bridging public needs and private sector 
     capabilities.
       ``(b) Assignment-specific Access, Resources, Supplies, or 
     Equipment.--The head of an Executive agency shall, to the 
     extent practicable, provide each active reservist assigned to 
     address a digital or cybersecurity need of that Executive 
     agency under subsection (a) with any specialized access, 
     resources, supplies, or equipment required to address that 
     digital or cybersecurity need.
       ``(c) Duration.--The assignment of an individual under 
     subsection (a) shall terminate on the earlier of--
       ``(1) a date determined by the Administrator;
       ``(2) the date on which the Administrator receives 
     notification of the decision of the head of the Executive 
     agency, the digital or cybersecurity needs of which the 
     individual is assigned to address under subsection (a), that 
     the assignment should terminate; or
       ``(3) the date on which the assigned individual ceases to 
     be an active reservist.
       ``(d) Compliance.--The Administrator shall ensure that 
     assignments under subsection (a) are consistent with an 
     applicable Federal ethics rules and Federal appropriations 
     laws.

     ``SEC. 10305. RESERVIST CONTINUING EDUCATION.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Administrator may pay for reservists to 
     acquire training and receive continuing education, including 
     attending conferences and seminars and obtaining 
     certifications, that will enable reservists to more 
     effectively meet the digital and cybersecurity needs of 
     Executive agencies.
       ``(b) Application.--The Administrator shall establish a 
     process for reservists to apply for the payment of reasonable 
     expenses relating to the training or continuing education 
     described in subsection (a).
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this section, and annually thereafter, the 
     Administrator shall submit to Congress a report on the 
     expenditures made under this section.

     ``SEC. 10306. CONGRESSIONAL REPORTS.

       ``Not later than 2 years after the date of enactment of 
     this section, and annually thereafter, the Administrator 
     shall submit to Congress a report on the Program, including--
       ``(1) the number of reservists under the Program;
       ``(2) a list of Executive agencies that have submitted 
     requests for support under the Program;
       ``(3) the nature and status of the requests described in 
     paragraph (2); and
       ``(4) with respect to each request described in paragraph 
     (2) with respect to which active reservists have been 
     assigned, and for which work by the National Digital Reserve 
     Corps has concluded, an evaluation of that work (including 
     the results of that work) by--
       ``(A) the Executive agency that submitted the request; and
       ``(B) the reservists assigned to the request.''.
       (b) Clerical Amendment.--The table of chapters for subpart 
     I of part III of title 5, United States Code, is amended by 
     inserting after the item related to chapter 102 the 
     following:

``103. National Digital Reserve Corps......................10303''.....

[[Page S7507]]

  

       (c) Conforming Amendments.--
       (1) Service definitions.--Section 4303 of title 38, United 
     States Code, is amended--
       (A) in paragraph (13), by inserting ``, a period for which 
     a person is absent from a position of employment to perform 
     service to the General Services Administration as an active 
     reservist of the National Reserve Digital Corps under section 
     10304 of title 5, or inactive reservist training for such 
     service under section 10305 of title 5,'' before ``, and a 
     period''; and
       (B) in the second paragraph (16), by inserting ``, active 
     reservists of the National Reserve Digital Corps who are 
     appointed into General Services Administration service under 
     section 10303(c)(2) of title 5, or inactive reservist 
     training for such service under section 10305 of title 5,'' 
     before ``, and any other category''.
       (2) Reemployment service notice requirement.--Section 
     4312(b) of title 38, United States Code, is amended by 
     striking ``A determination of military necessity'' and all 
     that follows and inserting the following: ``A determination 
     of military necessity for the purposes of this subsection--
       ``(1) shall be made--
       ``(A) except as provided under subparagraph (B), (C), or 
     (D), pursuant to regulations prescribed by the Secretary of 
     Defense;
       ``(B) for persons performing service to the Federal 
     Emergency Management Agency under section 327 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5165f) and as intermittent personnel under section 
     306(b)(1) of such Act, by the Administrator of the Federal 
     Emergency Management Agency, as described in sections 
     327(j)(2) and 306(d)(2), respectively, of such Act;
       ``(C) for intermittent disaster-response appointees of the 
     National Disaster Medical System, by the Secretary of Health 
     and Human Services, as described in section 2812(d)(3)(B) of 
     the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B)); 
     and
       ``(D) for active reservists of the National Reserve Digital 
     Corps performing service to the General Services 
     Administration under section 10304 of title 5, or inactive 
     reservist training for such service under section 10305 of 
     title 5, by the Administrator of General Services, as 
     described in section 10303(b)(3)(B) of title 5; and
       ``(2) shall not be subject to judicial review.''.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator of General Services 
     $30,000,000, to remain available until fiscal year 2023, to 
     carry out the program established under section 10302(a) of 
     title 5, United States Code, as added by subsection (a).
                                 ______
                                 
  SA 4029. Mr. BENNET (for himself and Mr. Sasse) 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. __. TASK FORCE ON ARTIFICIAL INTELLIGENCE GOVERNANCE AND 
                   OVERSIGHT.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall appoint a 
     task force to assess the privacy, civil rights, and civil 
     liberties implications of artificial intelligence (referred 
     to in this section as the ``AI Task Force'').
       (b) Membership of Task Force.--
       (1) In general.--The AI Task Force shall include--
       (A) the Director of the Office of Management and Budget or 
     his or her designee;
       (B) the Director of the National Institute of Standards and 
     Technology or his or her designee;
       (C) the Director of the Office of Science and Technology 
     Policy or his or her designee;
       (D) the Deputy Director for Technology at the National 
     Science and Technology Foundation;
       (E) the Secretary of Health and Human Services or his or 
     her designee;
       (F) the Secretary of Transportation or his or her designee;
       (G) the Secretary of Housing and Urban Development or his 
     or her designee;
       (H) the Comptroller General of the United States or his or 
     her designee;
       (I) the Chairman of the Federal Trade Commission or his or 
     her designee;
       (J) the Chairperson of the Equal Employment Opportunity 
     Commission or his or her designee;
       (K) the Chair of the Council of Inspectors General on 
     Integrity and Efficiency or his or her designee;
       (L) the Principal Deputy Assistant Attorney General for the 
     Civil Rights Division of the Department of Justice or his or 
     her designee;
       (M) the chief privacy and civil liberties officers for the 
     following agencies:
       (i) the Department of State;
       (ii) the Department of the Treasury;
       (iii) the Department of Defense;
       (iv) the Department of Justice;
       (v) the Department of Health and Human Services;
       (vi) the Department of Homeland Security;
       (vii) the Department of Commerce;
       (viii) the Department of Labor;
       (ix) the Department of Education; and
       (x) the Office of the Director of National Intelligence;
       (N) the Chair of the Privacy and Civil Liberties Oversight 
     Board;
       (O) the Chair of the National Artificial Intelligence 
     Advisory Committee's Subcommittee on Artificial Intelligence 
     and Law Enforcement;
       (P) any other governmental representative determined 
     necessary by the President; and
       (Q) not fewer than 6, but not more than 10, representatives 
     from civil society, including organizational leaders with 
     expertise in technology, privacy, civil liberties, and civil 
     rights, representatives from industry, and representatives 
     from academia, as appointed by the President.
       (2) Task force chair and vice chair.--The President shall 
     designate a Chair and Vice Chair of the AI Task Force from 
     among its members.
       (c) Duties.--The AI Task Force shall carry out the 
     following duties:
       (1) Identifying policy and legal gaps and making 
     recommendations to ensure that uses of artificial 
     intelligence (referred to in this section as ``AI'') and 
     associated data in United States Government operations 
     comport with freedom of expression, equal protection, 
     privacy, and due process.
       (2) Assessing existing policy, regulatory, and legal gaps 
     for current AI applications, and associated data, and making 
     recommendations for--
       (A) legislative and regulatory reforms on the development 
     and fielding of AI and associated data, to include Federal 
     Government use and management of biometric identification 
     technologies, government procurement of commercial AI 
     products, Federal data privacy standards, Federal 
     antidiscrimination laws, Federal disparate impact standards, 
     AI validation and auditing, and AI risk and impact assessment 
     reporting;
       (B) institutional changes to ensure sustained assessment 
     and recurring guidance on privacy and civil liberties 
     implications of AI applications, emerging technologies, and 
     associated data; and
       (C) the utility of a new Federal entity to regulate and 
     provide government-wide oversight of AI use by the Federal 
     Government, including--
       (i) the review of Federal funds used for the procurement 
     and development of AI; and
       (ii) the enforcement of Federal law for commercial AI 
     products used in government.
       (3) Conducting an assessment and making recommendations to 
     Congress and to the President to ensure that the development 
     and fielding of artificial intelligence by the Federal 
     Government provides protections for the privacy, civil 
     liberties, and civil rights of individuals in the United 
     States in a manner that is appropriately balanced against 
     critical law enforcement and national security needs.
       (4) Recommending baseline standards for Federal Government 
     use of biometric identification technologies, including 
     facial recognition, voiceprint, gait recognition, and 
     keyboard entry technologies.
       (5) Recommending baseline standards for the protection and 
     integrity of data in the custody of the Federal Government.
       (6) Recommending proposals to address any gaps in Federal 
     law or regulation with respect to facial recognition 
     technologies in order to enhance protections of privacy, 
     civil liberties, and civil rights of individuals in the 
     United States.
       (7) Recommending best practices and contractual 
     requirements to strengthen protections for privacy, 
     information security, fairness, nondiscrimination, 
     auditability, and accountability in artificial intelligence 
     systems and technologies and associated data procured by the 
     Federal Government.
       (8) Considering updates to and reforms of Government data 
     privacy and retention requirements to address implications to 
     privacy, civil liberties, and civil rights.
       (9) Assessing ongoing efforts to regulate commercial 
     development and fielding of artificial intelligence and 
     associated data in light of privacy, civil liberties, and 
     civil rights implications, and as appropriate, considering 
     and recommending institutional or organizational changes to 
     facilitate applicable regulation.
       (10) Assessing the utility of establishing a new 
     organization within the Federal Government to provide ongoing 
     governance for and oversight over the fielding of artificial 
     intelligence technologies by Federal agencies as 
     technological capabilities evolve over time.
       (d) Organizational Considerations.--In conducting the 
     assessments required by paragraphs (2) and (3) of subsection 
     (c), the AI Task Force shall consider--
       (1) the organizational placement, structure, composition, 
     authorities, and resources that a new organization would 
     require to provide ongoing guidance and baseline standards 
     for--
       (A) the Federal Government's development, acquisition, and 
     fielding of artificial intelligence systems to ensure they 
     comport with privacy, civil liberties, and civil rights and 
     civil liberties law, including guardrails for their use; and
       (B) providing transparency to oversight entities and the 
     public regarding the Federal Government's use of artificial 
     systems and the performance of those systems;

[[Page S7508]]

       (2) the existing interagency and intra-agency efforts to 
     address AI oversight;
       (3) the need for and scope of national security carve outs, 
     and any limitations or protections that should be built into 
     any such carve outs; and
       (4) the research, development, and application of new 
     technologies to mitigate privacy and civil liberties risks 
     inherent in artificial intelligence systems.
       (e) Powers of the Task Force.--
       (1) Hearings.--The Task Force may, for the purpose of 
     carrying out this section, hold hearings, sit and act at 
     times and places, take testimony, and receive evidence as the 
     AI Task Force considers appropriate.
       (2) Powers of members and agents.--Any member of the AI 
     Task Force may, upon authorization by the AI Task Force, take 
     any action that the AI Task Force is authorized to take under 
     this section.
       (3) Obtaining official data.--Subject to applicable privacy 
     laws and relevant regulations, the AI Task Force may secure 
     directly from any department or agency of the United States 
     information and data necessary to enable it to carry out this 
     section. Upon written request of the Chair of the AI Task 
     Force, the head or acting representative of that department 
     or agency shall furnish the requested information to the AI 
     Task Force not later than 30 days after receipt of the 
     request.
       (f) Operating Rules and Procedure.--
       (1) Initial meeting.--The AI Task Force shall meet not 
     later than 30 days after the date on which a majority of the 
     members of the AI Task Force have been appointed.
       (2) Voting.--Each member of the AI Task Force shall have 1 
     vote.
       (3) Recommendations.--The AI Task Force shall adopt 
     recommendations only upon a majority vote.
       (4) Quorum.--A majority of the members of the AI Task Force 
     shall constitute a quorum, but a lesser number of members may 
     hold meetings, gather information, and review draft reports 
     from staff.
       (g) Staff.--
       (1) Personnel.--The chairperson of the AI Task Force may 
     appoint staff to inform, support, and enable AI Task Force 
     members in the fulfillment of their responsibilities. A staff 
     member may not be a local, State, or Federal elected official 
     or be affiliated with or employed by, such an elected 
     official during the duration of the AI Task Force.
       (2) Detailees.--The head of any Federal department or 
     agency may detail, on a non-reimbursable basis, any of the 
     personnel of that department or agency to the AI Task Force 
     to assist the AI Task Force in carrying out its purposes and 
     functions.
       (3) Security clearances for members and staff.--The 
     appropriate Federal departments or agencies shall cooperate 
     with the AI Task Force in expeditiously providing to the AI 
     Task Force members and staff appropriate security clearances 
     to the extent possible pursuant to existing procedures and 
     requirements, except that no person may be provided with 
     access to classified information under this section without 
     the appropriate security clearances.
       (4) Expert consultants.--As needed, the AI Task Force may 
     commission intermittent research or other information from 
     experts and provide stipends for engagement consistent with 
     relevant statutes and regulations.
       (h) Assistance From Private Sector.--
       (1) Private engagement.--The Chair of the AI Task Force may 
     engage with representatives from a private sector 
     organization for the purpose of carrying out the mission of 
     the AI Task Force, and any such engagement shall not be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (2) Temporary assignment of personnel.--The Chair of the AI 
     Task Force, with the agreement of a private sector 
     organization, may arrange for the temporary assignment of 
     employees of the organization to the Task Force in accordance 
     with paragraphs (1) and (4) of subsection (g).
       (3) Duration.--An assignment under this subsection may, at 
     any time and for any reason, be terminated by the Chair or 
     the private sector organization concerned and shall be for a 
     total period of not more than 18 months.
       (i) Application of Ethics Rules.--An employee of a private 
     sector organization assigned under subsection (h)--
       (1) shall be deemed to be a special government employee for 
     purposes of Federal law, including chapter 11 of title 18, 
     United States Code, and the Ethics in Government Act of 1978 
     (5 U.S.C. App.); and
       (2) notwithstanding section 202(a) of title 18, United 
     States Code, may be assigned to the Task Force for a period 
     of not longer than 18 months.
       (3) No financial liability.--Any agreement subject to this 
     subsection shall require the private sector organization 
     concerned to be responsible for all costs associated with the 
     assignment of an employee under subsection (h).
       (j) Reporting.--
       (1) Interim report to congress.--Not later than 1 year 
     after the establishment of the AI Task Force, the AI Task 
     Force shall prepare and submit an interim report to Congress 
     and the President containing the AI Task Force's legislative 
     and regulatory recommendations.
       (2) Updates.--The AI Task Force shall provide periodic 
     updates to the President and to Congress.
       (3) Final report.--Not later than 18 months after the 
     establishment of the AI Task Force, the AI Task Force shall 
     prepare and submit a final report to the President and to 
     Congress containing its assessment on organizational 
     considerations, to include any recommendations for 
     organizational changes.
       (k) Other Emerging Technologies.--At any time before the 
     submission of the final report under subsection (j)(3), the 
     AI Task Force may recommend to Congress the creation of a 
     similar task force focused on another emerging technology.
       (l) Sunset.--The AI Task Force shall terminate on the date 
     that is 18 months after the establishment of the AI Task 
     Force.
                                 ______
                                 
  SA 4030. Ms. ROSEN (for herself, Ms. Cortez Masto, and Mr. Padilla) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

     SEC. 318. MODIFICATION TO BUDGETING OF DEPARTMENT OF DEFENSE 
                   RELATING TO EXTREME WEATHER.

       Section 328(a) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) 
     is amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2)--
       (A) by inserting ``of'' after ``result''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) a calculation of the annual costs to the Department 
     for assistance provided to--
       ``(A) the Federal Emergency Management Agency or Federal 
     land management agencies--
       ``(i) pursuant to requests for such assistance; and
       ``(ii) approved under the National Interagency Fire Center; 
     and
       ``(B) any State, territory, or possession under title 10 or 
     title 32, United States Code, regarding extreme weather.''.
                                 ______
                                 
  SA 4031. Ms. ROSEN (for herself and Ms. Ernst) 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 V, add the following:

     SEC. 596. ACCESS TO TOUR OF DUTY SYSTEM.

       (a) Access.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Army shall 
     ensure, subject to paragraph (2), that a member of the 
     reserve components of the Army may access the Tour of Duty 
     system using a personal internet-enabled device.
       (2) Exception.--The Secretary of the Army may restrict 
     access to the Tour of Duty system on personal internet-
     enabled devices if the Secretary determines such restriction 
     is necessary to ensure the security and integrity of 
     information systems and data of the United States.
       (b) Tour of Duty System Defined.--In this section, the term 
     ``Tour of Duty system'' means the online system of listings 
     for opportunities to serve on active duty for members of the 
     reserve components of the Army and through which such a 
     member may apply for such an opportunity, known as ``Tour of 
     Duty'', or any successor to such system.
                                 ______
                                 
  SA 4032. Ms. BALDWIN 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 X, add the following:

     SEC. 1023. AWARD OF CONTRACTS FOR OVERHAUL, REPAIR, AND 
                   MAINTENANCE OF NAVAL VESSELS IN AREAS OUTSIDE 
                   THE HOMEPORT OF THE VESSEL CONCERNED TO MEET 
                   SURGE CAPACITY NEEDS.

       Section 8669a of title 10, United States Code, is amended--
       (1) in subsection (c)(2), by inserting ``, except such 
     paragraph shall not apply to the

[[Page S7509]]

     award of a contract under subsection (d)'' after ``law''; and
       (2) by adding at the end the following new subsection:
       ``(d) In order to meet surge capacity needs, the Secretary 
     of the Navy may solicit proposals and award one or more 
     contracts for the overhaul, repair, or maintenance of one or 
     more naval vessels involving work to be performed in an area 
     outside the area of the homeport of the vessel or vessels 
     concerned.''.
                                 ______
                                 
  SA 4033. Ms. BALDWIN submitted an amendment intended to be proposed 
by her 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. ___. COREY ADAMS GREEN ALERT SYSTEMS TECHNICAL 
                   ASSISTANCE.

       (a) Definitions.--In this section:
       (1) Green alert.--The term ``Green Alert'' means an alert 
     issued through the Green Alert communications network, 
     relating to a missing veteran.
       (2) Missing veteran.--The term ``missing veteran'' means an 
     individual who--
       (A) is reported to, or identified by, a law enforcement 
     agency as a missing person;
       (B) is a veteran; and
       (C) meets the requirements to be designated as a missing 
     veteran, as determined by the State in which the individual 
     is reported or identified as a missing person.
       (3) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.
       (4) Veteran.--The term ``veteran'' means an individual who 
     is a current or former member of the Armed Forces, including 
     an individual who is currently serving or formerly served in 
     a reserve component (including the National Guard).
       (b) Financial and Technical Assistance.--The Secretary of 
     Defense, in consultation with the Secretary of Veterans 
     Affairs, shall provide financial and technical assistance to 
     a State that has established or has under consideration 
     legislation to establish a Green Alert or other system 
     specifically dedicated to locating missing veterans, to help 
     ensure the effective use of those systems to successfully 
     find and recover missing veterans.
       (c) Content of Assistance.--Such assistance shall include--
       (1) helping the State develop, revise, or update criteria 
     for issuing such alerts, including on when to issue such 
     alerts, training to provide to law enforcement on interacting 
     with veterans and provide recommendations on how best to 
     protect the privacy, dignity, and independence of veterans 
     who are the subject of such alerts;
       (2) providing assistance to the State on protecting the 
     privacy of veterans, including sensitive medical information, 
     as such alerts are issued;
       (3) designating officials to serve or participate on any 
     advisory committees established by the State or local 
     governments to provide oversight of Green Alert systems 
     dedicated to finding missing veterans;
       (4) for those veterans recovered by such systems, helping 
     ensure such veterans are connected to any services provided 
     by the Department of Veterans Affairs or the Department of 
     Defense to which they are entitled as a result of their 
     service in the Armed Forces, including housing and health 
     care;
       (5) providing public education on these systems to military 
     or veteran communities in such States, including on 
     facilities of the Department of Veterans Affairs or the 
     Department of Defense located in such States;
       (6) supporting efforts to train State and local law 
     enforcement who issue such alerts and search for missing 
     veterans on the unique needs of veterans; and
       (7) ensuring officials of the Department of Veterans 
     Affairs or the Department of Defense in such States are aware 
     of Green Alerts, understand how they work, and integrate them 
     with any plan for locating missing veterans at a base or 
     facility of the Department of Veterans Affairs or the 
     Department of Defense.
       (d) Use of Existing Mechanisms.--To the maximum extent 
     possible, the Secretary of Defense and the Secretary of 
     Veterans Affairs shall use existing mechanisms, including 
     advisory committees and programs, to meet the requirements of 
     this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $2,000,000 for fiscal year 2022 to carry 
     out this section.
       (f) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 301 for operation and maintenance 
     is hereby decreased by $2,000,000, with the amount of the 
     decrease to be taken from the availability of amounts for the 
     Office of Secretary of Defense.
                                 ______
                                 
  SA 4034. Ms. BALDWIN (for herself and Mr. Johnson) 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 4101, after the item 
     relating to PLS ESP, insert a new item relating to ``Hvy 
     Expanded Mobile Tactical Truck Ext Serv'' with ``109,000'' in 
     the Senate Authorized column.
       In the funding table in section 4101, in the item relating 
     to Total Other Procurement, Army, strike the amount in the 
     Senate Authorized column and insert ``8,989,492''.
       In the funding table in section 4101, in the item relating 
     to Total Procurement, strike the amount in the Senate 
     Authorized column and insert ``144,163,529''.
       In the funding table in section 4301 relating to Afghan 
     National Army, in the item relating to Sustainment, strike 
     the amount in the Senate Authorized column and insert 
     ``944,668''.
       In the funding table in section 4301, in the item relating 
     to Subtotal Afghan National Army, strike the amount in the 
     Senate Authorized column and insert ``1,001,234''.
       In the funding table in section 4301, in the item relating 
     to Total Afghan Security Forces Fund, strike the amount in 
     the Senate Authorized column and insert ``3,218,810''.
       In the funding table in section 4301, in the item relating 
     to Total Operation and Maintenance, strike the amount in the 
     Senate Authorized column and insert ``260,462,205''.
                                 ______
                                 
  SA 4035. Ms. BALDWIN 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 VIII, add the following:

          Subtitle F--Made in America Shipbuilding Act of 2021

     SEC. 861. SHORT TITLE.

       This subtitle may be cited as the ``Made in America 
     Shipbuilding Act of 2021''.

     SEC. 862. DOMESTIC SHIPBUILDING REQUIREMENT.

       (a) In General.--The head of an executive agency may not 
     enter into a contract related to the acquisition, 
     construction, or conversion of a vessel unless the vessel is 
     to be constructed or converted in the United States.
       (b) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given the term in 
     section 133 of title 41, United States Code.

     SEC. 863. DOMESTIC SOURCING REQUIREMENT FOR SHIPBOARD 
                   COMPONENTS.

       (a) In General.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4715. Domestic sourcing requirement for shipboard 
       components

       ``(a) Requirement for United States Manufacture.--
       ``(1) Limitation on procurements.--The head of an executive 
     agency may procure any of the following components for 
     vessels only if the items are manufactured in the United 
     States:
       ``(A) In general.--The following components for vessels:
       ``(i) Air circuit breakers.
       ``(ii) Welded shipboard anchor and mooring chain with a 
     diameter of four inches or less.
       ``(iii) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(iv) Propulsion system components, including main 
     propulsion engines, hybrid drive systems, propulsion 
     shafting, engine crankshafts, reduction gears, and 
     propellers.
       ``(v) Shipboard cranes.
       ``(vi) Spreaders for shipboard cranes.
       ``(vii) Power Distribution equipment, Energy Store Systems, 
     energy storage/magazine equipment.
       ``(viii) Auxiliary propulsion units and systems, including 
     bow and tunnel thrusters, waterjets, dynamic positioning 
     systems, and hybrid propulsion systems.
       ``(ix) Ship service and emergency power generation 
     equipment (prime movers and generators).
       ``(x) Military Qualified Wire and Cable and derived 
     products.
       ``(xi) Specialized Valves for pneumatic, fuel, 
     firefighting, countermeasure wash down, and chilled water 
     systems.
       ``(xii) Low voltage (LV) and high voltage (HV) switchgear.
       ``(xiii) Power converters.
       ``(xiv) Power inverters.
       ``(xv) Frequency converters.
       ``(xvi) Aircraft Electrical Starting Stations (AESS).
       ``(xvii) Degaussing systems.
       ``(xviii) Static Automatic Bus Transfer Switches (SABTs).
       ``(xix) Inertial navigation systems and gyrocompass.
       ``(xx) Capstans.
       ``(xxi) Winches.
       ``(xxii) Hoists.

[[Page S7510]]

       ``(xxiii) Outboard motors.
       ``(xxiv) Windlasses.
       ``(B) Other components.--The following components of 
     vessels, to the extent they are unique to marine 
     applications: gyrocompasses, electronic navigation chart 
     systems, steering controls, pumps, propulsion and machinery 
     control systems, and totally enclosed lifeboats.
       ``(C) Valves and machine tools.--Items in the following 
     categories:
       ``(i) Powered and non-powered valves in Federal Supply 
     Classes 4810 and 4820 used in piping for naval surface ships 
     and submarines.
       ``(ii) Machine tools in the Federal Supply Classes for 
     metal-working machinery numbered 3405, 3408, 3410 through 
     3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 
     3449, 3460, and 3461.
       ``(2) Applicability to certain items.--Paragraph (1) does 
     not apply to a procurement of spare or repair parts needed to 
     support components for vessels produced or manufactured 
     outside the United States.
       ``(3) Waiver authority.--The head of an executive agency 
     may waive the limitation in paragraph (1) with respect to the 
     procurement of an item listed in that paragraph if the head 
     of the agency determines that any of the following apply:
       ``(A) Application of the limitation would increase the cost 
     of the overall acquisition by more than 25 percent or cause 
     unreasonable delays to be incurred.
       ``(B) Satisfactory quality items manufactured by a domestic 
     entity are not available or domestic production of such items 
     cannot be initiated without significantly delaying the 
     project for which the item is to be acquired.
       ``(C) Application of the limitation would result in the 
     existence of only one domestic source for the item.
       ``(D) Application of the limitation is not in the national 
     security interests of the United States.
       ``(4) Implementation of waiver authority.--
       ``(A) Non-delegation of authority.--The head of an agency 
     may not delegate the waiver authority under paragraph (3).
       ``(B) Publication.--Not later than 30 days after exercising 
     the waiver authority under paragraph (3), the head of the 
     agency shall publish in an easily identifiable location on 
     the website of the agency information regarding the waiver, 
     including a detailed justification for the waiver.
       ``(5) Annual report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has used a waiver described in this section in the fiscal 
     year shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives a report 
     on the total amount of waivers used and detailed information 
     regarding and justification for the waiver.
       ``(b) Components Containing Specialty Metals.--
       ``(1) Limitation on procurements.--The head of an executive 
     agency may not enter into a contract for the procurement of 
     end items or components for ships that contain a specialty 
     metal not melted or produced in the United States.
       ``(2) Availability exception.--
       ``(A) In general.--Paragraph (1) does not apply to the 
     extent that the head of an executive agency determines that 
     compliant specialty metal of satisfactory quality and 
     sufficient quantity, and in the required form, cannot be 
     procured as and when needed. For purposes of the preceding 
     sentence, the term `compliant specialty metal' means 
     specialty metal melted or produced in the United States.
       ``(B) Applicability.--This paragraph applies to prime 
     contracts and subcontracts at any tier under such contracts.
       ``(3) Exception for certain acquisitions.--Paragraph (1) 
     does not apply to the following:
       ``(A) Acquisitions outside the United States in support of 
     combat operations or in support of contingency operations.
       ``(B) Acquisitions for which the use of procedures other 
     than competitive procedures has been approved on the basis of 
     section 3304(c) of this title, relating to unusual and 
     compelling urgency of need.
       ``(4) Exception relating to agreements with foreign 
     governments.--Paragraph (1) does not preclude the acquisition 
     of a specialty metal if--
       ``(A) the acquisition is necessary--
       ``(i) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       ``(ii) in furtherance of agreements with foreign 
     governments in which both such governments agree to remove 
     barriers to purchases of supplies produced in the other 
     country or services performed by sources of the other 
     country; and
       ``(B) any such agreement with a foreign government 
     complies, where applicable, with the requirements of section 
     36 of the Arms Export Control Act (22 U.S.C. 2776) and with 
     section 2457 of title 10.
       ``(5) Exception for small purchases.--Paragraph (1) does 
     not apply to acquisitions in amounts not greater than the 
     simplified acquisition threshold referred to in section 134 
     of this title.
       ``(6) Exception for purchases of electronic components.--
     Paragraph (1) does not apply to acquisitions of electronic 
     components, unless the head of the agency, with the 
     concurrence of the Secretary of Defense and upon the 
     recommendation of the Strategic Materials Protection Board 
     pursuant to section 187 of title 10, determines that the 
     domestic availability of a particular electronic component is 
     critical to national security.
       ``(7) Applicability to acquisitions of commercial items.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), this section applies to acquisitions of commercial 
     items, notwithstanding sections 1906 and 1907 of this title.
       ``(B) Exceptions.--This section does not apply to contracts 
     or subcontracts for the acquisition of commercially available 
     off-the-shelf items, as defined in section 104 of this title, 
     other than--
       ``(i) contracts or subcontracts for the acquisition of 
     specialty metals, including mill products, such as bar, 
     billet, slab, wire, plate and sheet, that have not been 
     incorporated into end items, subsystems, assemblies, or 
     components;
       ``(ii) contracts or subcontracts for the acquisition of 
     forgings or castings of specialty metals, unless such 
     forgings or castings are incorporated into commercially 
     available off-the-shelf end items, subsystems, or assemblies;
       ``(iii) contracts or subcontracts for commercially 
     available high performance magnets unless such high 
     performance magnets are incorporated into commercially 
     available off-the-shelf end items or subsystems; and
       ``(iv) contracts or subcontracts for commercially available 
     off-the-shelf fasteners, unless such fasteners are--

       ``(I) incorporated into commercially available off-the-
     shelf end items, subsystems, assemblies, or components; or
       ``(II) purchased as provided in subparagraph (C).

       ``(C) Inapplicability to certain fasteners.--This 
     subsection does not apply to fasteners that are commercial 
     items that are purchased under a contract or subcontract with 
     a manufacturer of such fasteners, if the manufacturer has 
     certified that it will purchase, during the relevant calendar 
     year, an amount of domestically melted specialty metal, in 
     the required form, for use in the production of such 
     fasteners for sale to executive agencies and other customers, 
     that is not less than 50 percent of the total amount of the 
     specialty metal that it will purchase to carry out the 
     production of such fasteners.
       ``(8) Exceptions for purchases of specialty metals below 
     minimum threshold.--
       ``(A) In general.--Notwithstanding paragraph (1), the head 
     of an executive agency may accept delivery of an item 
     containing specialty metals that were not melted in the 
     United States if the total amount of noncompliant specialty 
     metals in the item does not exceed 2 percent of the total 
     weight of specialty metals in the item.
       ``(B) Exception.--This paragraph does not apply to high 
     performance magnets.
       ``(9) Streamlined compliance for commercial derivative 
     military articles.--
       ``(A) In general.--Paragraph (1) shall not apply to an item 
     acquired under a prime contract if the head of an executive 
     agency determines that--
       ``(i) the item is a commercial derivative military article; 
     and
       ``(ii) the contractor certifies that the contractor and its 
     subcontractors have entered into a contractual agreement, or 
     agreements, to purchase an amount of domestically melted 
     specialty metal in the required form, for use during the 
     period of contract performance in the production of the 
     commercial derivative military article and the related 
     commercial article, that is not less than the greater of--

       ``(I) an amount equivalent to 120 percent of the amount of 
     specialty metal that is required to carry out the production 
     of the commercial derivative military article (including the 
     work performed under each subcontract); or
       ``(II) an amount equivalent to 50 percent of the amount of 
     specialty metal that is purchased by the contractor and its 
     subcontractors for use during such period in the production 
     of the commercial derivative military article and the related 
     commercial article.

       ``(B) Determination of amount of specialty metal 
     required.--For the purposes of this paragraph, the amount of 
     specialty metal that is required to carry out the production 
     of the commercial derivative military article includes 
     specialty metal contained in any item, including commercially 
     available off-the-shelf items, incorporated into such 
     commercial derivative military article.
       ``(10) National security waiver.--
       ``(A) In general.--Notwithstanding paragraph (1), the head 
     of an executive agency may accept the delivery of an end item 
     containing noncompliant materials if the head of the 
     executive agency determines in writing that acceptance of 
     such end item is necessary to the national security interests 
     of the United States.
       ``(B) Requirements.--A written determination under 
     subparagraph (A)--
       ``(i) shall specify the quantity of end items to which the 
     waiver applies and the time period over which the waiver 
     applies; and
       ``(ii) shall be provided to Congress prior to making such a 
     determination (except that in

[[Page S7511]]

     the case of an urgent national security requirement, such 
     certification may be provided to Congress up to 7 days after 
     it is made).
       ``(C) Knowing or willful noncompliance.--
       ``(i) Determination.--In any case in which the head of an 
     executive agency makes a determination under subparagraph 
     (A), the head of the executive agency shall determine whether 
     or not the noncompliance was knowing and willful.
       ``(ii) Not knowing or willful noncompliance.--If the head 
     of the executive agency determines that the noncompliance was 
     not knowing or willful, the head of the executive agency 
     shall ensure that the contractor or subcontractor responsible 
     for the noncompliance develops and implements an effective 
     plan to ensure future compliance.
       ``(iii) Knowing or willful noncompliance.--If the head of 
     the executive agency determines that the noncompliance was 
     knowing or willful, the head of the executive agency shall--

       ``(I) require the development and implementation of a plan 
     to ensure future compliance; and
       ``(II) consider suspending or debarring the contractor or 
     subcontractor until such time as the contractor or 
     subcontractor has effectively addressed the issues that lead 
     to such noncompliance.

       ``(11) Specialty metal defined.--In this subsection, the 
     term `specialty metal' means any of the following:
       ``(A) Steel--
       ``(i) with a maximum alloy content exceeding one or more of 
     the following limits: manganese, 1.65 percent; silicon, 0.60 
     percent; or copper, 0.60 percent; or
       ``(ii) containing more than 0.25 percent of any of the 
     following elements: aluminum, chromium, cobalt, columbium, 
     molybdenum, nickel, titanium, tungsten, or vanadium.
       ``(B) Metal alloys consisting of nickel, iron-nickel, and 
     cobalt base alloys containing a total of other alloying 
     metals (except iron) in excess of 10 percent.
       ``(C) Titanium and titanium alloys.
       ``(D) Zirconium and zirconium base alloys.
       ``(12) Additional definitions.--In this subsection:
       ``(A) The term `United States' includes possessions of the 
     United States.
       ``(B) The term `component' has the meaning provided in 
     section 105 of this title.
       ``(C) The term `acquisition' has the meaning provided in 
     section 131 of this title.
       ``(D) The term `required form'--
       ``(i) shall not apply to end items or to their components 
     at any tier; and
       ``(ii) means in the form of mill product, such as bar, 
     billet, wire, slab, plate or sheet, and in the grade 
     appropriate for the production of--

       ``(I) a finished end item delivered to the executive 
     agency; or
       ``(II) a finished component assembled into an end item 
     delivered to the executive agency.

       ``(E) The term `commercially available off-the-shelf' has 
     the meaning provided in section 104 of this title.
       ``(F) The term `assemblies' means items forming a portion 
     of a system or subsystem that can be provisioned and replaced 
     as an entity and which incorporates multiple, replaceable 
     parts.
       ``(G) The term `commercial derivative military article' 
     means an item procured by the Department of Defense that is 
     or will be produced using the same production facilities, a 
     common supply chain, and the same or similar production 
     processes that are used for the production of articles 
     predominantly used by the general public or by 
     nongovernmental entities for purposes other than governmental 
     purposes.
       ``(H) The term `subsystem' means a functional grouping of 
     items that combine to perform a major function within an end 
     item, such as electrical power, attitude control, and 
     propulsion.
       ``(I) The term `end item' means the final production 
     product when assembled or completed, and ready for issue, 
     delivery, or deployment.
       ``(J) The term `subcontract' includes a subcontract at any 
     tier.
       ``(c) Use of United States Steel, Iron, Aluminum, and 
     Manufactured Products.--
       ``(1) In general.--The head of an executive agency may not 
     enter into a contract related to the construction of a vessel 
     unless the steel, iron, aluminum, and manufactured products 
     to be used in the construction of the vessel are produced in 
     the United States.
       ``(2) Exceptions.--The provisions of paragraph (1) shall 
     not apply where the head of an executive agency finds--
       ``(A) that their application would be inconsistent with the 
     public interest;
       ``(B) that such materials and products are not produced in 
     the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(C) that inclusion of domestic material will increase the 
     cost of the overall project contract by more than 25 percent.
       ``(3) Implementation of exceptions.--
       ``(A) Non-delegation of authority.--The head of an agency 
     may not delegate the authority to make a finding described in 
     paragraph (2).
       ``(B) Publication.--Not later than 30 days after making a 
     finding described in paragraph (2), the head of the agency 
     shall publish in an easily identifiable location on the 
     website of the agency information regarding the finding, 
     including a detailed justification for the exception.
       ``(4) Annual report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has made an exception finding described in paragraph (2) in 
     the fiscal year shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives a report on the total amount of exceptions 
     used and detailed information regarding and justification for 
     the exceptions.
       ``(5) Calculation of component cost.--For purposes of this 
     subsection, in calculating components' costs, labor costs 
     involved in final assembly shall not be included in the 
     calculation.
       ``(6) Intentional violations.--If it has been determined by 
     a court or Federal agency that any person intentionally--
       ``(A) affixed a label bearing a `Made in America' 
     inscription, or any inscription with the same meaning, to any 
     product used in projects to which this section applies, sold 
     in or shipped to the United States that was not made in the 
     United States; or
       ``(B) represented that any product used in projects to 
     which this section applies, sold in or shipped to the United 
     States that was not produced in the United States, was 
     produced in the United States,
     that person shall be debarred from contracting with the 
     Federal Government for a period of not less than 5 years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 4714 the following new item:

``4715. Domestic sourcing requirement for shipboard components.''.

     SEC. 864. CONFORMING AMENDMENTS RELATED TO DEPARTMENT OF 
                   DEFENSE PROVISIONS.

       (a) Use of United States Steel, Iron, Aluminum, and 
     Manufactured Products.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2339d. Use of United States steel, iron, aluminum, and 
       manufactured products in shipbuilding

       ``(a) In General.--The head of an agency may not enter into 
     a contract related to the construction of a vessel unless the 
     steel, iron, aluminum, and manufactured products to be used 
     in the construction of the vessel are produced in the United 
     States.
       ``(b) Exceptions.--The provisions of subsection (a) shall 
     not apply where the head of the agency finds--
       ``(1) that their application would be inconsistent with the 
     public interest;
       ``(2) that such materials and products are not produced in 
     the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(3) that inclusion of domestic material will increase the 
     cost of the overall project contract by more than 25 percent.
       ``(c) Implementation of Exceptions.--
       ``(1) Non-delegation of authority.--The head of an agency 
     may not delegate the authority to make a finding described in 
     subsection (b).
       ``(2) Publication.--Not later than 30 days after making a 
     finding described in subsection (b), the head of the agency 
     shall publish in an easily identifiable location on the 
     website of the agency information regarding the finding, 
     including a detailed justification for the exception.
       ``(d) Annual Report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has made an exception finding described in subsection (b) in 
     the fiscal year shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the total amount of exceptions used and detailed 
     information regarding and justification for the exceptions.
       ``(e) Calculation of Component Cost.--For purposes of this 
     section, in calculating components' costs, labor costs 
     involved in final assembly shall not be included in the 
     calculation.
       ``(f) Intentional Violations.--If it has been determined by 
     a court or Federal agency that any person intentionally--
       ``(1) affixed a label bearing a `Made in America' 
     inscription, or any inscription with the same meaning, to any 
     product used in projects to which this section applies, sold 
     in or shipped to the United States that was not made in the 
     United States; or
       ``(2) represented that any product used in projects to 
     which this section applies, sold in or shipped to the United 
     States that was not produced in the United States, was 
     produced in the United States, that person shall be debarred 
     from contracting with the Federal Government for a period of 
     not less than 5 years.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 2339c the following new item:

``2339d. Use of United States steel, iron, aluminum, and manufactured 
              products in shipbuilding.''.
       (3) Future transfer.--
       (A) Transfer and redesignation.--Section 2339d of title 10, 
     United States Code, as added by paragraph (1), is transferred 
     to subchapter II of chapter 385 of such title, added after 
     section 4864, as transferred and redesignated by section 
     1870(c)(2) of the William M.

[[Page S7512]]

     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283), and redesignated as 
     section 4865.
       (B) Clerical amendments.--
       (i) Target chapter table of sections.--The table of 
     sections at the beginning of subchapter II of chapter 385 of 
     title 10, United States Code, as added by section 1870(c)(2) 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283), 
     is amended by inserting after the item related to section 
     4864 the following new item:

``4865. Use of United States steel, iron, aluminum, and manufactured 
              products in shipbuilding.''.
       (ii) Origin chapter table of sections.--The table of 
     sections at the beginning of chapter 137 of title 10, United 
     States Code, as amended by paragraph (1), is further amended 
     by striking the item relating to section 2339d.
       (D) Effective date.--The transfer, redesignation, and 
     amendments made by this paragraph shall take effect 
     immediately after title XVIII of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283) takes effect.
       (E) References; savings provision; rule of construction.--
     Sections 1883 through 1885 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283) shall apply with respect to the 
     transfers, redesignations, and amendments made under this 
     subsection as if such transfers, redesignations, and 
     amendments were made under title XVIII of such Act.
       (b) Miscellaneous Limitations on the Procurement of Goods 
     Other Than United States Goods.--
       (1) In general.--Section 2534(a)(3)(A) of title 10, United 
     States Code, is amended by adding at the end the following 
     new clauses:
       ``(i) Air circuit breakers.
       ``(ii) Welded shipboard anchor and mooring chain with a 
     diameter of four inches or less.
       ``(iii) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(iv) Propulsion system components, including main 
     propulsion engines, hybrid drive systems, propulsion 
     shafting, engine crankshafts, reduction gears, and 
     propellers.
       ``(v) Shipboard cranes.
       ``(vi) Spreaders for shipboard cranes.
       ``(vii) Power Distribution equipment, Energy Store Systems, 
     energy storage/magazine equipment.
       ``(viii) Auxiliary propulsion units and systems, including 
     bow and tunnel thrusters, waterjets, dynamic positioning 
     systems, and hybrid propulsion systems.
       ``(ix) Ship service and emergency power generation 
     equipment (prime movers and generators).
       ``(x) Military Qualified Wire and Cable and derived 
     products.
       ``(xi) Specialized Valves for pneumatic, fuel, 
     firefighting, countermeasure wash down, and chilled water 
     systems.
       ``(xii) Low voltage (LV) and high voltage (HV) switchgear.
       ``(xiii) Power converters.
       ``(xiv) Power inverters.
       ``(xv) Frequency converters.
       ``(xvi) Aircraft Electrical Starting Stations (AESS).
       ``(xvii) Degaussing systems.
       ``(xviii) Static Automatic Bus Transfer Switches (SABTs).
       ``(xix) Inertial navigation systems and gyrocompass.
       ``(xx) Capstans.
       ``(xxi) Winches.
       ``(xxii) Hoists.
       ``(xxiii) Outboard motors.
       ``(xxiv) Windlasses.''.
       (2) Applicability of previously sunsetted provisions.--
     Subsection (c)(2)(C) of section 2534 of title 10, United 
     States Code, is amended by striking ``shall cease to be 
     effective on October 1, 1996'' and inserting ``shall be in 
     effect during--
       ``(i) the period beginning on the date of the enactment of 
     this paragraph and ending on October 1, 1996; and
       ``(ii) the period beginning on the date of the enactment of 
     the Made in America Shipbuilding Act of 2021.''.

     SEC. 865. APPLICABILITY.

       The requirements under this subtitle and the amendments 
     made by this subtitle--
       (1) apply to contracts entered into on or after the date of 
     the enactment of this Act; and
       (2) do not apply to--
       (A) contracts entered into before the date of the enactment 
     of this Act; or
       (B) options included as part of such contracts as of such 
     date of enactment.
                                 ______
                                 
  SA 4036. Ms. BALDWIN (for herself and Ms. Ernst) 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 V, add the following:

     SEC. 596. WHISTLEBLOWER PROTECTIONS FOR MEMBERS OF THE 
                   RESERVE COMPONENTS.

       Section 1034(j) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (5), respectively; and
       (2) by inserting before paragraph (2), as redesignated by 
     paragraph (1) of this section, the following new paragraph:
       ``(1) The term `member of the armed forces' is defined as 
     an officer or enlisted member of the armed forces on active 
     duty, or an officer or enlisted member of a reserve component 
     of the armed forces, regardless of duty status, as those 
     terms are defined in section 101 of title 10, United States 
     Code.''.
                                 ______
                                 
  SA 4037. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title IV, add the following:

     SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING 
                   ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY 
                   TOWARDS AUTHORIZED END STRENGTHS.

       Section 115(b)(2)(B) of title 10, United States Code, is 
     amended by striking ``1095 days in the previous 1460 days'' 
     and inserting ``1825 days in the previous 2190 days''.
                                 ______
                                 
  SA 4038. Mr. MANCHIN 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. 1043. HONORING THE LAST SURVIVING MEDAL OF HONOR 
                   RECIPIENT OF WORLD WAR II.

       (a) Use of Rotunda.--The individual who is the last 
     surviving recipient of the Medal of Honor for acts performed 
     during World War II shall be permitted to lie in state in the 
     rotunda of the Capitol upon death, if the individual (or the 
     next of kin of the individual) so elects.
       (b) Implementation.--The Architect of the Capitol, under 
     the direction of the President pro tempore of the Senate and 
     the Speaker of the House of Representatives, shall take the 
     necessary steps to implement subsection (a).
                                 ______
                                 
  SA 4039. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

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

       (a) Definition of State-owned National Guard Facility.--
     Section 2700 of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(4) The term `State-owned National Guard facility' means 
     land owned and operated by a State when such land is used for 
     training the National Guard pursuant to chapter 5 of title 32 
     with funds provided by the Secretary of Defense or the 
     Secretary of a military department, even though such land is 
     not under the jurisdiction of the Department of Defense.''.
       (b) Authority for Defense Environmental Restoration 
     Program.--Section 2701(a)(1) of such title is amended, in the 
     first sentence, by inserting ``and at State-owned National 
     Guard facilities'' before the period.
       (c) Responsibility for Response Actions.--Section 
     2701(c)(1) of such title is amended by adding at the end the 
     following new subparagraph:
       
       ``(D) Each State-owned National Guard facility being used 
     for training the National Guard pursuant to chapter 5 of 
     title 32 with funds provided by the Secretary of Defense or 
     the Secretary of a military department at the time of actions 
     leading to contamination by hazardous substances or 
     pollutants or contaminants.''.
                                 ______
                                 
  SA 4040. Ms. MURKOWSKI submitted an amendment intended to be proposed

[[Page S7513]]

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. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT RESCUE 
                   AIRCRAFT AND EQUIPMENT.

       The Secretary of the Air Force shall submit to the 
     congressional defense committees a strategy for the 
     Department of the Air Force for the acquisition of combat 
     rescue aircraft and equipment that aligns with the stated 
     capability and capacity requirements of the Air Force to meet 
     the national defense strategy (required under section 113(g) 
     of title 10, United States Code) and Arctic Strategy of the 
     Department of the Air Force.
                                 ______
                                 
  SA 4041. Mr. CRUZ 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 XV, add the following:

     SEC. 1516. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

       (a) Presence in Low-Earth Orbit.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) it is in the national and economic security interests 
     of the United States to maintain a continuous human presence 
     in low-Earth orbit;
       (B) the International Space Station is a strategic national 
     security asset vital to the continued space exploration and 
     scientific advancements of the United States; and
       (C) low-Earth orbit should be utilized as a testbed to 
     advance human space exploration, scientific discoveries, and 
     United States economic competitiveness and commercial 
     participation.
       (2) Human presence requirement.--The United States shall 
     continuously maintain the capability for a continuous human 
     presence in low-Earth orbit through and beyond the useful 
     life of the International Space Station.
       (b) Maintaining a National Laboratory in Space.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the United States national laboratory in space, which 
     currently consists of the United States segment of the 
     International Space Station (designated as a national 
     laboratory under section 70905 of title 51, United States 
     Code)--
       (i) benefits the scientific community and promotes commerce 
     in space;
       (ii) fosters stronger relationships among the National 
     Aeronautics and Space Administration (referred to in this 
     section as ``NASA'') and other Federal agencies, the private 
     sector, and research groups and universities;
       (iii) advances science, technology, engineering, and 
     mathematics education through utilization of the unique 
     microgravity environment; and
       (iv) advances human knowledge and international 
     cooperation;
       (B) after the International Space Station is 
     decommissioned, the United States should maintain a national 
     microgravity laboratory in space;
       (C) in maintaining a national microgravity laboratory 
     described in subparagraph (B), the United States should make 
     appropriate accommodations for different types of ownership 
     and operational structures for the International Space 
     Station and future space stations;
       (D) the national microgravity laboratory described in 
     subparagraph (B) should be maintained beyond the date on 
     which the International Space Station is decommissioned and, 
     if possible, in cooperation with international space partners 
     to the extent practicable; and
       (E) NASA should continue to support fundamental science 
     research on future platforms in low-Earth orbit and cis-lunar 
     space, short duration suborbital flights, drop towers, and 
     other microgravity testing environments.
       (2) Report.--The Administrator of NASA shall produce, in 
     coordination with the National Space Council and other 
     Federal agencies as the Administrator considers relevant, a 
     report detailing the feasibility of establishing a 
     microgravity national laboratory federally funded research 
     and development center to undertake the work related to the 
     study and utilization of in-space conditions.
       (c) Continuation of Authority.--
       (1) In general.--Section 501(a) of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18351(a)) is amended by striking ``2024'' and inserting 
     ``2030''.
       (2) Maintenance of the united states segment and assurance 
     of continued operations of the international space station.--
     Section 503(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) 
     is amended by striking ``2024'' and inserting ``2030''.
       (3) Research capacity allocation and integration of 
     research payloads.--Section 504(d) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354(d)) is amended by striking ``2024'' 
     each place it appears and inserting ``2030''.
       (4) Maintaining use through at least 2030.--Section 70907 
     of title 51, United States Code, is amended--
       (A) in the section heading, by striking ``2024'' and 
     inserting ``2030''; and
       (B) by striking ``2024'' each place it appears and 
     inserting ``2030''.
       (d) Transition Plan Reports.--Section 50111(c)(2) of title 
     51, United States Code, is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``2023'' and inserting ``2028''; and
       (2) in subparagraph (J), by striking ``2028'' and inserting 
     ``2030''.
       (e) Department of Defense Activities on International Space 
     Station.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (A) identify and review each activity, program, and project 
     of the Department of Defense completed, being carried out, or 
     planned to be carried out on the International Space Station 
     as of the date of the review; and
       (B) provide to the appropriate committees of Congress a 
     briefing that describes the results of the review.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 4042. Ms. ROSEN (for herself, Mr. Sasse, and Mr. King) 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. __. NATIONAL CYBER EXERCISE PROGRAM.

       (a) In General.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 2220A. NATIONAL CYBER EXERCISE PROGRAM.

       ``(a) Establishment of Program.--
       ``(1) In general.--There is established in the Agency the 
     National Cyber Exercise Program (referred to in this section 
     as the `Exercise Program') to evaluate the National Cyber 
     Incident Response Plan, and other related plans and 
     strategies.
       ``(2) Requirements.--
       ``(A) In general.--The Exercise Program shall be--
       ``(i) based on current risk assessments, including credible 
     threats, vulnerabilities, and consequences;
       ``(ii) designed, to the extent practicable, to simulate the 
     partial or complete incapacitation of a government or 
     critical infrastructure network resulting from a cyber 
     incident;
       ``(iii) designed to provide for the systematic evaluation 
     of cyber readiness and enhance operational understanding of 
     the cyber incident response system and relevant information 
     sharing agreements; and
       ``(iv) designed to promptly develop after-action reports 
     and plans that can quickly incorporate lessons learned into 
     future operations.
       ``(B) Model exercise selection.--The Exercise Program 
     shall--
       ``(i) include a selection of model exercises that 
     government and private entities can readily adapt for use; 
     and
       ``(ii) aid such governments and private entities with the 
     design, implementation, and evaluation of exercises that--

       ``(I) conform to the requirements described in subparagraph 
     (A);
       ``(II) are consistent with any applicable national, State, 
     local, or Tribal strategy or plan; and
       ``(III) provide for systematic evaluation of readiness.

       ``(3) Consultation.--In carrying out the Exercise Program, 
     the Director may consult with appropriate representatives 
     from Sector Risk Management Agencies, the Office of the 
     National Cyber Director, cybersecurity

[[Page S7514]]

     research stakeholders, and Sector Coordinating Councils.
       ``(b) Definitions.--In this section:
       ``(1) State.--The term `State' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Northern Mariana Islands, the United States 
     Virgin Islands, Guam, American Samoa, and any other territory 
     or possession of the United States.
       ``(2) Private entity.--The term `private entity' has the 
     meaning given such term in section 102 of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501).
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to affect the authority or responsibilities of 
     the Administrator of the Federal Emergency Management Agency 
     pursuant to section 648 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 748).''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 2217 the 
     following:

``Sec. 2220A. National Cyber Exercise Program.''.
                                 ______
                                 
  SA 4043. Mr. CRUZ 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. MODIFICATION OF PROHIBITION ON ACQUISITION OF 
                   CERTAIN SENSITIVE MATERIALS.

       (a) Extension of Prohibition to Mined, Refined, and 
     Separated Materials.--Subsection (a)(1) of section 2533c of 
     title 10, United States Code, is amended by striking ``melted 
     or produced'' and inserting ``mined, refined, separated, 
     melted, or produced''.
       (b) Commercially Available Off-the-shelf Item Exception.--
     Subsection (c)(3)(A)(i) of such section is amended by 
     striking ``50 percent or more tungsten'' and inserting ``50 
     percent or more covered material''.
                                 ______
                                 
  SA 4044. Mr. CRUZ 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 XII, insert the 
     following:

     SEC. 12__. UNITED STATES-ISRAEL DIRECTED ENERGY CAPABILITIES 
                   COOPERATION.

       (a) Authority.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary of Defense, upon request by the Minister of Defense 
     of Israel and with the concurrence of the Secretary of State, 
     is authorized to carry out research, development, test, and 
     evaluation activities on a joint basis with Israel to 
     establish directed energy capabilities that address threats 
     to the United States, deployed forces of the United States, 
     or Israel.
       (2) Protection of sensitive information and national 
     security interests.--Any activity carried out under paragraph 
     (1) shall be conducted in a manner that appropriately 
     protects sensitive information, the national security 
     interests of the United States, and the national security 
     interests of Israel.
       (3) Report.--The activities described in paragraph (1) may 
     be carried out [only] after the date on which the Secretary 
     of Defense submits to the appropriate committees of Congress 
     a report setting forth the following:
       (A) A memorandum of agreement between the United States and 
     Israel regarding the sharing of research and development 
     costs for the capabilities described in paragraph (1), and 
     any supporting documents.
       (B) A certification that such memorandum of agreement--
       (i) requires the sharing of costs of projects, including 
     in-kind support, between the United States and Israel;
       (ii) establishes a framework to negotiate the rights to any 
     intellectual property developed under the memorandum of 
     agreement; and
       (iii) requires the United States Government to receive 
     semiannual reports on the expenditure of funds, if any, by 
     the Government of Israel, including a description of the use 
     of such funds, the dates on which such funds were expended, 
     and an identification of entities that expended such funds.
       (b) Support for Activities.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary of Defense is authorized to provide maintenance and 
     sustainment support to Israel for the activities authorized 
     under subsection (a)(1), including support for the 
     installation of equipment necessary to carry out such 
     activities.
       (2) Report.--The support described in paragraph (1) may not 
     be provided until 15 days after the date on which the 
     Secretary of Defense submits to the appropriate committees of 
     Congress a report setting forth a detailed description of the 
     support to be provided.
       (3) Matching contribution.--The support described in 
     paragraph (1) may not be provided unless the Secretary of 
     Defense certifies to the appropriate committees of Congress 
     that the Government of Israel will contribute to such 
     support--
       (A) an amount equal to not less than the amount of support 
     to be so provided; or
       (B) an amount that otherwise meets the best efforts of 
     Israel, as mutually agreed to by the United States and 
     Israel.
       (c) Lead Agency.--The Secretary of Defense shall designate 
     an appropriate research and development entity of a military 
     department as the lead agency of the Department of Defense in 
     carrying out this section.
       (d) Annual Report.--Not less frequently than annually, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report that contains a copy of the 
     [two] most recent semiannual reports provided by the 
     Government of Israel to the Department of Defense pursuant to 
     subsection (a)(3)(B)(iii).
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Appropriations, and 
     the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Homeland Security, the 
     Committee on Appropriations, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
                                 ______
                                 
  SA 4045. Mr. CRUZ 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 XV, add the following:

     SEC. 1516. ADDITIONAL FUNDING FOR EDGEONE.

       (a) Additional Funding.--The amount authorized to be 
     appropriated for fiscal year 2022 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $7,000,000, with the amount of the increase to 
     be available for Enterprise Ground Services (PE 1206770SF).
       (b) Availability.--The amount available under subsection 
     (a) shall be available for ongoing implementation of EdgeONE 
     within the Enterprise Ground Services.
                                 ______
                                 
  SA 4046. Mr. CRUZ 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. ___. REPORT ON EFFORTS TO EXPAND DISTRIBUTION OF 
                   ENTERPRISE SOFTWARE INITIATIVE BLANKET PURCHASE 
                   AGREEMENTS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the efforts of 
     the Secretary to expand the distribution of enterprise 
     software initiative (ESI) blanket purchase agreements (BPAs).
                                 ______
                                 
  SA 4047. Mr. CRUZ 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 V, insert the following:

     SEC. 576. PROHIBITION ON LIMITING OF CERTAIN PARENTAL 
                   GUARDIANSHIP RIGHTS OF CADETS AND MIDSHIPMEN.

       (a) Prohibition.--
       (1) In general.--The Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Transportation, in 
     consultation

[[Page S7515]]

     with the Secretaries of the military departments and the 
     Superintendent of each military service academy, as 
     appropriate, shall prescribe in regulations policies ensuring 
     that the parental guardianship rights of cadets and 
     midshipmen are protected consistent with individual and 
     academic responsibilities.
       (2) Protection of parental guardianship rights.--The 
     regulations prescribed under paragraph (1) shall provide 
     that--
       (A) a cadet or midshipman of a military service academy may 
     not be required to give up his or her parental guardianship 
     rights in the event of a pregnancy occurring after the 
     beginning of the cadet's or midshipman's first day of 
     academic courses;
       (B) except as provided under paragraph (3), military 
     service academy may not involuntarily disenroll a cadet or 
     midshipman who becomes pregnant or fathers a child while 
     enrolled at the academy; and
       (C) a cadet or midshipman who becomes pregnant while 
     enrolled at a military service academy shall be allowed to 
     take unpaid medical leave for up to one year and return to 
     the academy to resume classes afterward.
       (3) Responsibilities of parents enrolled at military 
     service academies.--The regulations prescribed under 
     paragraph (1) shall require cadets and midshipmen with 
     dependents to establish a family care plan with appropriate 
     academy leadership. The family care plan shall include the 
     following provisions:
       (A) The care plan must include a full-time provider 
     responsible for the dependent who is not enrolled at the 
     military service academy, as another parent or guardian of 
     the dependent or a family member of the cadet or midshipman. 
     The full-time care provider must have either full power-of-
     attorney authority or guardianship rights in order to prevent 
     situations where the cadet or midshipman is pulled away from 
     his or her duties and responsibilities at the military 
     service academy. The cadet or midshipman may not rely on base 
     facilities or child-care services, and must be able to 
     function as any other cadet, including residing in academy 
     dormitories.
       (B) Except as provided under paragraphs (4) and (5)(B)(i), 
     the cadet or midshipman may not receive additional 
     compensation, benefits, or concessions from the military 
     service academy on account of having a dependent, to include 
     money, leave, or liberty. The dependent or dependents of the 
     midshipman or cadet is entitled any benefits and entitlements 
     provided by law or policy to dependents of members of the 
     Armed Forces.
       (C) A cadet or midshipman with a dependent may not be 
     excused on account of such dependent from standard classes, 
     training, traveling, fitness requirements, or any other 
     responsibilities inherent to attending a military service 
     academy.
       (D) If both parents of a dependent are cadets or 
     midshipmen, they must agree on the family care plan or face 
     expulsion with no incurred obligations.
       (E) If at any point the family care plan is no longer 
     viable or negatively interferes with the cadet or 
     midshipman's academic or training requirements, the cadet or 
     midshipman may apply for disenrollment.
       (4) Options for pregnant cadets and midshipmen.--The 
     regulations prescribed under paragraph (1) shall provide that 
     females becoming pregnant while enrolled at a military 
     service academy shall have, at a minimum, the following 
     options:
       (A) At the conclusion of the current semester or when 
     otherwise deemed medically appropriate, taking unpaid medical 
     leave from the military service academy for up to one year 
     followed by a return to full cadet or midshipman status (if 
     remaining otherwise qualified).
       (B) Seek a transfer to a university with a Reserve Officer 
     Training Program for military service under the military 
     department concerned.
       (C) Full release from the military service academy and any 
     service related obligations.
       (D) Enlistment in active-duty service, with all of the 
     attendant benefits.
       (5) Treatment of males fathering a child while enrolled at 
     military service academies.--The regulations prescribed under 
     paragraph (1) shall provide that males fathering a child 
     while enrolled at a military service academy--
       (A) shall not be required to give up parental rights; and
       (B) shall not acquire any benefits or leave considerations 
     as a result of fathering a child, except that--
       (i) academy leadership shall establish policies to allow 
     cadets and midshipmen at least one week of leave to attend 
     the birth, which must be used in conjunction with the birth; 
     and
       (ii) in the event the male father becomes the sole 
     financial provider for a dependent, the academy shall provide 
     the father the same options available to a cadet or 
     midshipman who becomes a mother while enrolled, including 
     remaining enrolled in accordance with a family care plan 
     established pursuant to paragraph (3) or selecting one of the 
     options outlined in subparagraphs (B) and (C) of paragraph 
     (4).
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as requiring or providing for the changing of 
     admission requirements at any of the military service 
     academies.
       (c) Military Service Academy Defined.--In this section, the 
     term ``military service academy'' means the following:
       (1) The United States Military Academy, West Point, New 
     York.
       (2) The United States Naval Academy, Annapolis, Maryland.
       (3) The United States Air Force Academy, Colorado Springs, 
     Colorado.
       (4) The United States Coast Guard Academy, New London, 
     Connecticut.
       (5) The United States Merchant Marine Academy, Kings Point, 
     New York.
                                 ______
                                 
  SA 4048. Mr. CRUZ 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 XII, insert the 
     following:

     SEC. 12__. ENSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.

       (a) In General.--Before awarding a contract to an entity 
     for the supply of fuel to any overseas location in which the 
     United States is engaged in contingency operations, the 
     Secretary of Defense shall ensure that--
       (1) to the extent practicable, any supplier of fuel that 
     would otherwise be responsible for providing such a supply of 
     fuel has not been disqualified from supplying fuel on the 
     basis of an unsupported denial of access to a facility or 
     equipment by the host country government; and
       (2) the entity complies with subsection (b).
       (b) Requirement.--An entity offering to supply fuel to any 
     overseas location of the Department of Defense shall--
       (1) certify that--
       (A) it has not been suspended or debarred from receiving 
     Federal Government contracts; and
       (B) the fuel to be provided, in whole or in part, or any 
     derivative of such fuel, is not sourced from a country or 
     region prohibited from selling petroleum to the United 
     States, such as Iran or Venezuela;
       (2) provide such records as are necessary to verify 
     compliance with such anticorruption statutes and regulations 
     as the Secretary considers necessary, including, without 
     limitation--
       (A) the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
     78dd-1 et seq.);
       (B) the International Traffic in Arms Regulations contained 
     in subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations);
       (C) the Export Administration Regulations contained in 
     subchapter C of chapter VII of title 15, Code of Federal 
     Regulations (or successor regulations); and
       (D) such regulations as may be promulgated by the Office of 
     Foreign Assets Control; and
       (3) disclose--
       (A) any relevant communications between the entity and 
     relevant individuals, organizations, or governments that 
     directly or indirectly control physical access to the 
     location of the contract performance; and
       (B) any employees or consultants of the entity that worked 
     for the Department of Defense in any contracting or 
     policymaking position during the 10-year period immediately 
     preceding the award.
       (c) Provision of Fuel as a Logistics Service.--Subsection 
     (c)(3) of section 880 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (41 U.S.C. 3701 note) 
     is amended by inserting ``, including bulk fuel supply and 
     delivery,'' after ``logistics services,''.
       (d) Report.--Not later than 180 days after the date on 
     which a contract exceeding $50,000,000 is awarded for the 
     supply of fuel to any overseas location in which the United 
     States is engaged in contingency operations, the Inspector 
     General of the Department of Defense shall submit to the 
     congressional defense committees a report that includes--
       (1) an assessment of the price per gallon for fuel under 
     the contract, together with an assessment of the price per 
     gallon for fuel paid by other organizations in the same 
     country or region of such country; and
       (2) an assessment of the ability of the contracted entity 
     to comply with sanctions on Iran and monitor for violations 
     of such sanctions.
                                 ______
                                 
  SA 4049. Mr. CRUZ 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:

        On page 126, line 8, strike ``foam'' and insert 
     ``solution''.
                                 ______
                                 
  SA 4050. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to

[[Page S7516]]

the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

     SEC. 318. PARTICIPATION BY DEPARTMENT OF DEFENSE IN POLLUTANT 
                   BANKING AND WATER QUALITY TRADING PROGRAMS.

       (a) Authority to Participate.--The Secretary of a military 
     department, and the Secretary of Defense with respect to 
     matters concerning a Defense Agency, when engaged in an 
     authorized activity that may or will result in the discharge 
     of pollutants, may make payments to a pollutant banking 
     program or water quality trading program approved in 
     accordance with the Water Quality Trading Policy dated 
     January 13, 2003, set forth by the Office of Water of the 
     Environmental Protection Agency, or any successor 
     administrative guidance or regulation.
       (b) Treatment of Payments.--Payments made under subsection 
     (a) to a pollutant banking program or water quality trading 
     program may be treated as eligible project costs for military 
     construction.
       (c) Discharge of Pollutants Defined.--In this section, the 
     term ``discharge of pollutants'' has the meaning given that 
     term in section 502(12) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1362(12)) (commonly referred to as the 
     ``Clean Water Act'').
                                 ______
                                 
  SA 4051. Mr. CRUZ (for himself and Mr. Marshall) 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 V, add the following:

     SEC. 596. ANNUAL REPORT ON RELIGIOUS EXEMPTIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the granting of religious 
     exemptions to members of the Armed Forces during the previous 
     fiscal year.
       (b) Elements.--The report required under subsection (a) 
     shall include the following information, disaggregated by 
     religion and by military service:
       (1) The number of requests for religious exemptions that 
     were received by the Department of Defense.
       (2) The number of such requested exemptions that were 
     granted.
       (3) The number of such requested exemptions that were 
     denied.
                                 ______
                                 
  SA 4052. Mr. CRUZ (for himself, Mr. Marshall, 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 appropriate place in title VII, insert the 
     following:

     SEC. 7__. MEDICAL EXEMPTION FOR COVID-19 VACCINE REQUIREMENT 
                   FOR MEMBERS OF THE ARMED FORCES WITH NATURAL 
                   IMMUNITY.

       The Secretary of Defense shall offer to any member of the 
     Armed Forces who has previously contracted COVID-19 and has 
     natural immunity a medical exemption for any requirement that 
     the member receive a vaccine for COVID-19.
                                 ______
                                 
  SA 4053. Mr. CRUZ 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 XII, insert the 
     following:

     SEC. 12__. STATUS OF TAIWAN UNDER THE ARMS EXPORT CONTROL 
                   ACT.

       The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
     amended--
       (1) in section 3(b)(2), by inserting ``the Government of 
     Taiwan,'' before ``or the Government of New Zealand'';
       (2) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
     21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 
     36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
     ``Taiwan,'' before ``or New Zealand'' each place it appears; 
     and
       (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
     ``Taiwan,'' before ``or Israel'' each place it appears.
                                 ______
                                 
  SA 4054. Mr. CRUZ 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. ___. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE 
                   MATERIALS.

       (a) In General.--Section 4871 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by amending paragraph (1) to read as 
     follows:
       ``(1) procure any covered material melted or produced in 
     any covered nation or by any covered company, or any end item 
     that contains a covered material manufactured in any covered 
     nation or by any covered company; or''; and
       (2) in subsection (d)--
       (A) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (3), respectively; and
       (B) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Covered company.--The term `covered company' means--
       ``(A) any company or joint venture registered outside the 
     United States--
       ``(i) that is partially or fully owned by any state-owned 
     entity from a covered nation; or
       ``(ii) 10 percent of the ownership of which is by 1 or more 
     private investors from any covered nation;
       ``(B) any company or joint venture registered inside the 
     United States--
       ``(i) is partially or fully owned by a state-owned entity 
     from a covered nation; or
       ``(ii) after the date of the enactment of this Act, has 
     entered into an agreement or a condition with the Committee 
     on Foreign Investment in the United States under subsection 
     (l)(3)(A) of section 4565 of title 50, United States Code, 
     that does not specifically refer to this section and provide 
     that the company shall be eligible to supply covered products 
     under this section; or
       ``(C) any other company that the President determines to be 
     a threat to the security of supply of any covered 
     material.''.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     promulgate such regulations as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 4055. Mr. CRUZ 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 II, insert the following:

     SEC. ___. ADDITIONAL FUNDING FOR STEEL PERFORMANCE 
                   INITIATIVE.

       (a) Additional Funding.--The amount authorized to be 
     appropriated for fiscal year 2022 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $10,000,000, with the amount of the increase to 
     be available for Defense Wide RDT&E/DLA (PE 0603680S).
       (b) Availability.--The amount available under paragraph (1) 
     shall be available to support the Steel Performance 
     Initiative.
                                 ______
                                 
  SA 4056. Mr. CRUZ 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. IMPROVEMENT OF EXISTING FACILITIES AND SERVICES FOR 
                   MILITARY WORKING DOGS.

       (a) In General.--The Secretary of Defense shall improve 
     existing facilities and services for military working dogs.

[[Page S7517]]

       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Defense $20,000,000 
     to carry out subsection (a).
                                 ______
                                 
  SA 4057. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title VII, add the following:

     SEC. 728. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM 
                   CAUSED TO CIVILIANS FOR CARE PROVIDED AT 
                   MILITARY MEDICAL TREATMENT FACILITIES.

       (a) Clarification of Fee Waiver Process.--Section 1079b of 
     title 10, United States Code, is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Waiver of Fees.--Each commander (or director, as 
     applicable) of a military medical treatment facility shall 
     issue a waiver for a fee that would otherwise be charged 
     under the procedures implemented under subsection (a) to a 
     civilian provided medical care at the facility who is not a 
     covered beneficiary if the provision of such care enhances 
     the knowledge, skills, and abilities of health care 
     providers, as determined by the respective commander or 
     director.''; and
       (2) by redesignating subsection (c) as subsection (d).
       (b) Modified Payment Plan for Certain Civilians.--
       (1) In general.--Such section is further amended by 
     inserting after subsection (b), as amended by subsection (a), 
     the following:
       ``(c) Modified Payment Plan for Certain Civilians.--(1)(A) 
     If a civilian specified in subsection (a) is covered by a 
     third-party payer, insurance, medical service, or health plan 
     (as those terms are defined in section 1095(h) of this title 
     and in this subsection referred to as a `Payer') at the time 
     care covered by this section is provided, the civilian is 
     only responsible to pay for any services not covered by their 
     Payer, copays, coinsurance, deductibles, or nominal fees.
       ``(B)(i) The Secretary of Defense may bill only the Payer 
     for care provided to a civilian described in subparagraph 
     (A).
       ``(ii) Payment received by the Secretary from the Payer of 
     a civilian for care covered by this section that is provided 
     to the civilian shall be considered payment in full for such 
     care.
       ``(2) If a civilian specified in subsection (a) does not 
     meet the criteria under paragraph (1), is underinsured, or 
     has a remaining balance and is at risk of financial harm, the 
     Secretary of Defense shall reduce each fee that would 
     otherwise be charged to the civilian under this section 
     according to a sliding fee discount program.
       ``(3) If a civilian specified in subsection (a) does not 
     meet the criteria under paragraph (1) or (2), the Secretary 
     of Defense shall implement an additional catastrophic waiver 
     to prevent financial harm.
       ``(4) The modified payment plan under this subsection may 
     not be administered by a Federal agency other than the 
     Department of Defense.''.
       (2) Effective date for payment plan.--The Secretary of 
     Defense shall implement the payment plan established under 
     subsection (c) of section 1079b of title 10, United States 
     Code, as added by paragraph (1), not later than 180 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 4058. Mr. CRUZ (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2836. MODIFICATION OF INFRASTRUCTURE TO EXPEDITE THE 
                   DEPLOYMENT BY RAIL OF HEAVY ARMORED DIVISIONS 
                   AND ASSOCIATED EQUIPMENT FROM INSTALLATIONS OF 
                   THE ARMY TO NAVAL PORTS.

       (a) In General.--The Secretary of Defense shall modify or 
     improve the infrastructure necessary to expedite the 
     deployment by rail of heavy armored divisions and associated 
     equipment from installations of the Army in the United States 
     to naval ports in support of a large-scale conflict with a 
     near-peer adversary to ensure that installations of the Army 
     that house armored divisions have a rail facility with 
     multiple spurs to allow for the expedited deployment of 
     troops and equipment.
       (b) Use of Amounts.--The Secretary may expend not more than 
     $150,000,000 to carry out the requirement under subsection 
     (a).
                                 ______
                                 
  SA 4059. Mr. CRUZ 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. AUTHORIZATION OF AMOUNTS TO THE DEPARTMENT OF 
                   DEFENSE TO BE USED TO CONDUCT ANNUAL AND 
                   PERIODIC INTELLIGENCE, SURVEILLANCE, AND 
                   RECONNAISSANCE TRAINING ALONG THE LAND AND 
                   WATER BORDERS OF THE UNITED STATES.

       (a) Authorization of Amounts.--
       (1) Joint task force north.--The amount authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2022 for operation and maintenance for the Joint Task Force 
     North is hereby increased by $25,000,000.
       (2) Joint interagency task force south.--The amount 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2022 for operation and maintenance for the 
     Joint Interagency Task Force South is hereby increased by 
     $25,000,000.
       (b) Use of Amounts.--
       (1) In general.--The amounts of the increases under 
     paragraphs (1) and (2) of subsection (a) shall be used by 
     aviation units from the Army, Navy, and Air Force to conduct 
     annual and periodic intelligence, surveillance, and 
     reconnaissance training along the land and water borders of 
     the United States.
       (2) Use of camera feeds.--In conducting training under 
     paragraph (1), aviation units described in such paragraph 
     shall provide the feed from any cameras or sensors used on 
     the aircraft during the training to the Commissioner of U.S. 
     Customs and Border Protection.
                                 ______
                                 
  SA 4060. Mr. CRUZ 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. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES OF REAL ESTATE PURCHASES OR 
                   LEASES NEAR MILITARY INSTALLATIONS OR MILITARY 
                   AIRSPACE.

       (a) Inclusion in Definition of Covered Transaction.--
     Section 721(a)(4) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) any transaction described in subparagraph (B)(vi) 
     that is proposed, pending, or completed on or after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2022.''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Notwithstanding clause (ii) or subparagraph (C), the 
     purchase or lease by, or a concession to, a foreign person of 
     private or public real estate--

       ``(I) that is located in the United States and within--

       ``(aa) 100 miles of a military installation (as defined in 
     section 2801(c)(4) of title 10, United States Code); or
       ``(bb) 50 miles of--
       ``(AA) a military training route (as defined in section 
     183a(h) of title 10, United States Code);
       ``(BB) airspace designated as special use airspace under 
     part 73 of title 14, Code of Federal Regulations (or a 
     successor regulation), and managed by the Department of 
     Defense;
       ``(CC) a controlled firing area (as defined in section 1.1 
     of title 14, Code of Federal Regulations (or a successor 
     regulation)) used by the Department of Defense; or
       ``(DD) a military operations area (as defined in section 
     1.1 of title 14, Code of Federal Regulations (or a successor 
     regulation)); and

       ``(II) if the foreign person is owned or controlled by, is 
     acting for or on behalf of, or receives subsidies from--

       ``(aa) the Government of the Russian Federation;
       ``(bb) the Government of the People's Republic of China;
       ``(cc) the Government of the Islamic Republic of Iran; or
       ``(dd) the Government of the Democratic People's Republic 
     of Korea.''.

[[Page S7518]]

       (b) Mandatory Unilateral Initiation of Reviews.--Section 
     721(b)(1)(D) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(1)(D)) is amended--
       (1) in clause (iii), by redesignating subclauses (I), (II), 
     and (III) as items (aa), (bb), and (cc), respectively, and by 
     moving such items, as so redesignated, 2 ems to the right;
       (2) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively, and by moving 
     such subclauses, as so redesignated, 2 ems to the right; and
       (3) by striking ``Subject to'' and inserting the following:
       ``(i) In general.--Subject to''; and
       (4) by adding at the end the following:
       ``(ii) Mandatory unilateral initiation of certain 
     transactions.--The Committee shall initiate a review under 
     subparagraph (A) of a covered transaction described in 
     subsection (a)(4)(B)(vi).''.
       (c) Certifications to Congress.--Section 721(b)(3)(C)(iii) 
     of the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(3)(C)(iii)) is amended--
       (1) in subclause (IV), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subclause (V), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VI) with respect to covered transactions described in 
     subsection (a)(4)(B)(vi), to the members of the Senate from 
     the State in which the military installation, military 
     training route, special use airspace, controlled firing area, 
     or military operations area is located, and the member from 
     the Congressional District in which such installation, route, 
     airspace, or area is located.''.

       (d) Limitation on Approval of Energy Projects Related to 
     Reviews Conducted by Committee on Foreign Investment in the 
     United States.--
       (1) Review by secretary of defense.--Section 183a of title 
     10, United States Code, is amended--
       (A) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (B) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Special Rule Relating to Review by Committee on 
     Foreign Investment of the United States.--(1) If, during the 
     period during which the Department of Defense is reviewing an 
     application for an energy project filed with the Secretary of 
     Transportation under section 44718 of title 49, the purchase, 
     lease, or concession of real property on which the project is 
     planned to be located is under review or investigation by the 
     Committee on Foreign Investment in the United States under 
     section 721 of the Defense Production Act of 1950 (50 U.S.C. 
     4565), the Secretary of Defense--
       ``(A) may not complete review of the project until the 
     Committee concludes action under such section 721 with 
     respect to the purchase, lease, or concession; and
       ``(B) shall notify the Secretary of Transportation of the 
     delay.
       ``(2) If the Committee on Foreign Investment in the United 
     States determines that the purchase, lease, or concession of 
     real property on which an energy project described in 
     paragraph (1) is planned to be located threatens to impair 
     the national security of the United States and refers the 
     purchase, lease, or concession to the President for further 
     action under section 721(d) of the Defense Production Act of 
     1950 (50 U.S.C. 4565(d)), the Secretary of Defense shall--
       ``(A) find under subsection (e)(1) that the project would 
     result in an unacceptable risk to the national security of 
     the United States; and
       ``(B) transmit that finding to the Secretary of 
     Transportation for inclusion in the report required under 
     section 44718(b)(2) of title 49.''.
       (2) Review by secretary of transportation.--Section 44718 
     of title 49, United States Code, is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Special Rule Relating to Review by Committee on 
     Foreign Investment of the United States.--The Secretary of 
     Transportation may not issue a determination pursuant to this 
     section with respect to a proposed structure to be located on 
     real property the purchase, lease, or concession of which is 
     under review or investigation by the Committee on Foreign 
     Investment in the United States under section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565) until--
       ``(1) the Committee concludes action under such section 721 
     with respect to the purchase, lease, or concession; and
       ``(2) the Secretary of Defense--
       ``(A) issues a finding under section 183a(e) of title 10; 
     or
       ``(B) advises the Secretary of Transportation that no 
     finding under section 183a(e) of title 10 will be 
     forthcoming.''.
                                 ______
                                 
  SA 4061. Mr. CRUZ 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 XIV, add the following:

     SEC. 1424. BRIEFING ON ABILITY OF DEPARTMENT OF DEFENSE TO 
                   RECOVER RARE EARTH MATERIALS FROM END-OF-LIFE 
                   ITEMS.

       Not later than October 1, 2022, the Under Secretary of 
     Defense for Acquisition and Sustainment shall brief the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on the ability of the Department of Defense--
       (1) to identify end-of-life items that contain rare earth 
     materials;
       (2) to sell or barter such items to rare earth recycling 
     manufacturers; and
       (3) to ensure that recovered rare earth materials and other 
     critical materials are retained in the United States.
                                 ______
                                 
  SA 4062. Mr. OSSOFF (for himself, Mr. Tillis, Mr. Scott of South 
Carolina, Mr. King, Ms. Cortez Masto, Mr. Kelly, and Mr. Rounds) 
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. __. DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Enrollment of needy students.--The term ``enrollment of 
     needy students'' has the meaning given the term in section 
     312(d) of the Higher Education Act of 1965 (20 U.S.C. 
     1058(d)).
       (2) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' as defined in section 
     322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (4) Minority-serving institution.--The term ``minority-
     serving institution'' means an institution listed in section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Authorization of Grants.--
       (1) In general.--The Secretary shall--
       (A) award grants to assist institutions of higher education 
     that have an enrollment of needy students, historically Black 
     colleges and universities, and minority-serving institutions, 
     to establish or expand cybersecurity programs, to build and 
     upgrade institutional capacity to better support new or 
     existing cybersecurity programs, including cybersecurity 
     partnerships with public and private entities, and to support 
     such institutions on the path to producing qualified entrants 
     in the cybersecurity workforce or becoming a National Center 
     of Academic Excellence in Cybersecurity; and
       (B) award grants to build capacity at institutions of 
     higher education that have an enrollment of needy students, 
     historically Black colleges and universities, and minority-
     serving institutions, to expand cybersecurity education 
     opportunities, cybersecurity technology and programs, 
     cybersecurity research, and cybersecurity partnerships with 
     public and private entities.
       (2) Reservation.--The Secretary shall award not less than 
     50 percent of the amount available for grants under this 
     section to historically Black colleges and universities and 
     minority-serving institutions.
       (3) Coordination.--The Secretary shall carry out this 
     section in coordination with the National Initiative for 
     Cybersecurity Education at the National Institute of 
     Standards and Technology.
       (4) Sunset.--The Secretary's authority to award grants 
     under paragraph (1) shall terminate on the date that is 5 
     years after the date the Secretary first awards a grant under 
     paragraph (1).
       (5) Amounts to remain available.--Notwithstanding section 
     1552 of title 31, United States Code, or any other provision 
     of law, funds available to the Secretary for obligation for a 
     grant under this section shall remain available for 
     expenditure for 100 days after the last day of the 
     performance period of such grant.
       (c) Applications.--An eligible institution seeking a grant 
     under subsection (a) shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require, 
     including a statement of how the institution will use the 
     funds awarded through the grant to expand cybersecurity 
     education opportunities at the eligible institution.
       (d) Activities.--An eligible institution that receives a 
     grant under this section may use the funds awarded through 
     such grant for increasing research, education, technical, 
     partnership, and innovation capacity, including for--

[[Page S7519]]

       (1) building and upgrading institutional capacity to better 
     support new or existing cybersecurity programs, including 
     cybersecurity partnerships with public and private entities;
       (2) building and upgrading institutional capacity to 
     provide hands-on research and training experiences for 
     undergraduate and graduate students; and
       (3) outreach and recruitment to ensure students are aware 
     of such new or existing cybersecurity programs, including 
     cybersecurity partnerships with public and private entities.
       (e) Reporting Requirements.--Not later than--
       (1) 1 year after the date of enactment of this Act, and 
     annually thereafter until the Secretary submits the report 
     under paragraph (2), the Secretary shall prepare and submit 
     to Congress a report on the status and progress of 
     implementation of the grant program under this section, 
     including on the number and nature of institutions 
     participating, the number and nature of students served by 
     institutions receiving grants, the level of funding provided 
     to grant recipients, the types of activities being funded by 
     the grants program, and plans for future implementation and 
     development; and
       (2) 5 years after the date of enactment of this Act, the 
     Secretary shall prepare and submit to Congress a report on 
     the status of cybersecurity education programming and 
     capacity-building at institutions receiving grants under this 
     section, including changes in the scale and scope of these 
     programs, associated facilities, or in accreditation status, 
     and on the educational and employment outcomes of students 
     participating in cybersecurity programs that have received 
     support under this section.
       (f) Performance Metrics.--The Secretary of Homeland 
     Security shall establish performance metrics for grants 
     awarded under this section.
                                 ______
                                 
  SA 4063. 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 appropriate place, insert the following:

     SEC. ____. ACCOMMODATING UTILITY FACILITIES IN THE RIGHT-OF-
                   WAY.

       Section 109 of title 23, United States Code, is amended--
       (1) in subsection (l)--
       (A) by striking paragraph (2);
       (B) by striking the subsection designation and all that 
     follows through ``In determining'' in paragraph (1) in the 
     matter preceding subparagraph (A) and inserting the 
     following:
       ``(l) Accommodating Utility Facilities in the Right-of-
     way.--
       ``(1) Definitions.--In this subsection:
       ``(A) Indian land.--The term `Indian land' means--
       ``(i) land located within the boundaries of--

       ``(I) an Indian reservation, pueblo, or rancheria; or
       ``(II) a former reservation within Oklahoma; and

       ``(ii) land not located within the boundaries of an Indian 
     reservation, pueblo, or rancheria--

       ``(I) the title to which is held in trust by the United 
     States for the benefit of an Indian Tribe or an individual 
     Indian;
       ``(II) the title to which is held by an Indian Tribe or an 
     individual Indian, subject to restriction against alienation 
     under laws of the United States; or
       ``(III) the title to which is held by a dependent Indian 
     community.

       ``(B) Right-of-way.--The term `right-of-way' means any real 
     property, or interest therein, acquired, dedicated, or 
     reserved for the construction, operation, and maintenance of 
     a highway.
       ``(C) Utility facility.--
       ``(i) In general.--The term `utility facility' means any 
     privately, publicly, or cooperatively owned line, facility, 
     or system for producing, transmitting, or distributing 
     communications, power, electricity, light, heat, gas, water, 
     steam, waste, storm water not connected with highway 
     drainage, or any other similar commodity, including any fire 
     or police signal system or street lighting system, that 
     directly or indirectly serves the public.
       ``(ii) Inclusions.--The term `utility facility' includes--

       ``(I) a renewable energy generation facility;
       ``(II) electrical transmission and distribution 
     infrastructure; and
       ``(III) broadband infrastructure and conduit.

       ``(2) Accommodation.--In determining''; and
       (C) by adding at the end the following:
       ``(3) State approval.--A State, on behalf of the Secretary, 
     may approve accommodating a utility facility described in 
     paragraph (1)(C)(ii) within a right-of-way on a Federal-aid 
     highway.
       ``(4) Exclusion.--Paragraph (3) shall not apply to a 
     utility facility on Indian land.
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to alter or affect--
       ``(A) the regulatory classification of broadband services 
     or facilities under the Communications Act of 1934 (47 U.S.C. 
     151 et seq.); or
       ``(B) any prohibition on commercial activity under section 
     111(a).''; and
       (2) by adding at the end the following:
       ``(s) Vegetation Management.--States are encouraged to 
     implement, or to enter into partnerships to implement, 
     vegetation management practices, such as increased mowing 
     heights and planting native grasses and pollinator-friendly 
     habitats, along a right-of-way on a Federal-aid highway, if 
     the implementation of those practices--
       ``(1) is in the public interest; and
       ``(2) will not impair the highway or interfere with the 
     free and safe flow of traffic.''.
                                 ______
                                 
  SA 4064. 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 D of title XXVIII, add the 
     following:

     SEC. 2836. REPORT ON CAPACITY OF CHILD DEVELOPMENT CENTERS OF 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     written report providing an update on the capacity of child 
     development centers of the Department of Defense.
       (b) Elements.--Each report submitted under subsection (a) 
     shall--
       (1) provide data on the capacity of child development 
     centers through the Department, including infrastructure, 
     staffing, waitlists, and resources, set forth in the 
     aggregate and by installation and Armed Force;
       (2) highlight, by installation, whether demand by members 
     of the Armed Forces for child care is or is not being met by 
     existing capacity at such centers; and
       (3) determine whether plans and adequate funding authority 
     exist to remedy any identified shortfall in child care 
     capacity for the Department of Defense.
                                 ______
                                 
  SA 4065. 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 X, add the following:

     SEC. 1064. OUTREACH TO HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES REGARDING DEFENSE INNOVATION UNIT 
                   PROGRAMS THAT PROMOTE ENTREPRENEURSHIP AND 
                   INNOVATION AT INSTITUTIONS OF HIGHER EDUCATION.

       (a) Pilot Program.--The Undersecretary of Defense for 
     Research and Engineering shall establish activities, 
     including outreach and technical assistance, to better 
     connect historically Black colleges and universities to the 
     programs of the Defense Innovation Unit and its associated 
     programs that promote entrepreneurship and innovation at 
     these institutions.
       (b) 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 on the 
     results of the activities conducted under subsection (a), 
     including the results of outreach efforts, the success of 
     expanding Defense Innovation Unit programs to historically 
     Black colleges and universities, the barriers to expansion, 
     and recommendations for how the Department of Defense and the 
     Federal Government can support such institutions to 
     successfully participate in Defense Innovation Unit 
     partnerships and programs.
                                 ______
                                 
  SA 4066. 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 F of title X, add the following:

[[Page S7520]]

  


     SEC. 1054. REPORT ON GEOGRAPHIC EXPANSION OF DEFENSE 
                   INNOVATION UNIT ACTIVITIES.

       Not later than one year after enactment of this Act, the 
     Secretary of Defense shall provide a report to Congress on 
     courses of action to expand the geographic reach of Defense 
     Innovation Unit activities to new or underserved regions, 
     including the southeastern United States, with particular 
     emphasis on areas with--
       (1) access to partnership opportunities at institutions of 
     higher education that conduct significant Federally-funded 
     research in science, technology, and medicine;
       (2) access to a vibrant private commercial sector; and
       (3) proximity to a significant number of major Department 
     of Defense installations.
                                 ______
                                 
  SA 4067. 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 appropriate place, insert the following:

     SEC. ___. REPORT ON CYBER EDUCATION DIVERSITY INITIATIVE.

       (a) Report Required.--The Secretary of Defense shall submit 
     to the congressional defense committees a report on the Cyber 
     Education Diversity Initiative.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) A discussion of the scope, scale, and effect of the 
     Cyber Education Diversity Initiative.
       (2) Details of the number and nature of institutions 
     participating in the initiative;
       (3) Details regarding the funds expended in support of the 
     initiative;
       (4) An initial evaluation of the effect of the initiative 
     on cyber education and career opportunities for minority and 
     low-income students.
       (c) Timing of Submittal.--The report submitted under 
     subsection (a) shall be submitted concurrent with the 
     submittal of the budget of the President under section 
     1105(a) of title 31, United States Code, for fiscal year 
     2023.

                          ____________________