[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7542-S7571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4068. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1264. REPORT ON ISRAELI SETTLEMENT ACTIVITY IN OCCUPIED 
                   WEST BANK.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate committees 
     of Congress a report that assesses the status of Israeli 
     settlement activity in the occupied West Bank.
       (b) Elements.--The report required by subsection (a) shall 
     include the following with respect to Israeli settlement 
     activity in the West Bank:
       (1) The number of permits, tenders, and housing starts 
     approved by the Government of Israel for settlement 
     construction and the locations concerned.
       (2) The number and locations of new outposts established 
     without the approval of the Government of Israel.
       (3) The number and locations of outposts established 
     without the approval of the Government of Israel that were 
     retroactively legalized.
       (4) An assessment of the impact of settlements and outposts 
     on--
       (A) the freedom of movement, livelihoods, and quality of 
     life of Palestinians; and
       (B) the potential for establishing in the future a viable 
     Palestinian state.
       (5) The number and locations of demolitions of homes, 
     businesses, or infrastructure owned by, or primarily serving, 
     Palestinians.
       (6) The number and locations of evictions of Palestinians 
     from their places of residence.
       (7) The number of permits issued for Palestinians in East 
     Jerusalem and the West Bank territory designated under the 
     Oslo Accords as ``Area C''.
       (8) A description of the level of financial expenditures by 
     the Government of Israel in Israeli settlements in the West 
     Bank.
       (9) An analysis of the impact any change in the matters 
     described in paragraphs (1) through (8) on would have on--
       (A) the diplomatic posture of the United States globally; 
     and

[[Page S7543]]

       (B) the national security of the United States.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 4069. Mr. MERKLEY (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3114. REALLOCATION OF FUNDING FOR B83 GRAVITY BOMB LIFE 
                   EXTENSION TO SUPPORT GLOBAL VACCINE PRODUCTION 
                   CAPACITY.

       (a) Reduction in Amount for B83 Gravity Bomb Life 
     Extension.--The amount authorized to be appropriated by 
     section 3101 and available as specified in the funding table 
     in section 4701 for stockpile major modernization for multi-
     weapon systems is hereby reduced by $98,456,000, with the 
     amount of the reduction to be derived from amounts available 
     for life extension for the B83 gravity bomb.
       (b) Funding for Global Vaccine Production.--There are 
     authorized to be appropriated to the Secretary of State and 
     other relevent agencies $98,456,000 to provide support--
       (1) for expanding global vaccine production capacity, 
     including through the development or transfer of technology 
     and the construction, expansion, or modernization of 
     facilities; and
       (2) to other countries, especially low and middle-income 
     countries, with the distribution and delivery of COVID-19 
     vaccines.
                                 ______
                                 
  SA 4070. Mr. GRASSLEY (for himself, Ms. Stabenow, Ms. Ernst, 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 G of title X, add the following:

     SEC. 1064. CONSIDERATION OF FOOD INSECURITY IN DETERMINATIONS 
                   OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES.

       (a) In General.--Section 721(f) of the Defense Production 
     Act of 1950 (50 U.S.C. 4565(f)) is amended--
       (1) in paragraph (10), by striking ``; and'' and inserting 
     a semicolon;
       (2) by redesignating paragraph (11) as paragraph (12); and
       (3) by inserting after paragraph (10) the following:
       ``(11) the potential effects of the proposed or pending 
     transaction on the security of the food and agriculture 
     systems of the United States, including any effects on the 
     availability of, access to, or safety and quality of food; 
     and''.
       (b) Inclusion of Secretaries of Agriculture and Health and 
     Human Services on the Committee.--Section 721(k)(2) of the 
     Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is 
     amended--
       (1) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (J), (K), and (L), respectively; and
       (2) by inserting after subparagraph (G) the following:
       ``(H) The Secretary of Agriculture.
       ``(I) The Secretary of Health and Human Services.''.
                                 ______
                                 
  SA 4071. Ms. SINEMA (for herself and 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 end of subtitle C of title VII, add the following:

     SEC. 744. TASK FORCE TO REVIEW SMART DEVICE MENTAL HEALTH 
                   RESILIENCY APPLICATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a task force to review mental health resiliency 
     applications currently available for smart devices.
       (b) Mental Health Resiliency Applications.--Mental health 
     resiliency applications to be reviewed under subsection (a) 
     may include evidence-based applications such as Virtual Hope 
     Box.
       (c) Report.--
       (1) In general.--Not later than 90 days after the 
     establishment of the task force under subsection (a), the 
     task force, in consultation with the Director of the Defense 
     Health Agency and the Secretary of Veterans Affairs, shall 
     submit to the Secretary of Defense and the congressional 
     defense committees a report on the findings of the task 
     force.
       (2) Elements.--The report submitted under paragraph (1) 
     shall include the following:
       (A) An assessment of the efficacy of the mental health 
     resiliency applications reviewed under subsection (a) at 
     improving behavioral health outcomes.
       (B) A description of any trials or pilot programs completed 
     or underway at the Department of Defense with respect to the 
     use of such applications.
       (C) An assessment of the cost associated with such 
     applications.
       (D) An assessment of the compatibility of the use of such 
     applications with other initiatives of the Department.
       (E) Such recommendations as the task force may have on 
     forming a pilot program to encourage the use of one or more 
     of such applications among members of the Armed Forces.
                                 ______
                                 
  SA 4072. Mr. MERKLEY 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. SUSPENSION OF CERTAIN UNITED STATES ASSISTANCE TO 
                   HONDURAS.

       (a) Prohibition on Commercial Export of Covered Defense 
     Articles and Services and Covered Munitions Items to the 
     Honduran Police or Military.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall prohibit the 
     issuance of licenses to export covered defense articles and 
     services and covered munitions items to the police or 
     military of the Republic of Honduras.
       (2) Termination.--The prohibition under paragraph (1) shall 
     terminate on the date on which the President determines and 
     reports to the appropriate congressional committees that the 
     police or military of the Republic of Honduras have not 
     engaged in gross violations of human rights during the one-
     year period ending on the date of such determination.
       (3) Waiver.--The prohibition under paragraph (1) shall not 
     apply to the issuance of a license with respect to which the 
     President submits to the appropriate congressional committees 
     a written certification that the exports to be covered by 
     such license are important to the national interests and 
     foreign policy goals of the United States, including a 
     description of the manner in which such exports will promote 
     such interests and goals.
       (4) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (i) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (ii) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (B) Covered defense articles and services.--The term 
     ``covered defense articles and services'' means defense 
     articles and defense services designated by the President 
     under section 38(a)(1) of the Arms Export Control Act (22 
     U.S.C. 2778(a)(1)).
       (C) Covered munitions items.--The term ``covered munitions 
     items'' means tear gas, pepper spray, rubber bullets, foam 
     rounds, bean bag rounds, pepper balls, water cannons, 
     handcuffs, shackles, stun guns, tasers, semi-automatic 
     firearms, and their associated munitions not included in the 
     definition under subparagraph (B).
       (b) Suspension and Restrictions of Security Assistance 
     Extended to the Republic of Honduras Unless Certain 
     Conditions Are Met.--
       (1) Suspension of security assistance.--No assistance may 
     be made available for the police or military of the Republic 
     of Honduras, including assistance for equipment and training.
       (2) Loans from multilateral development banks and the 
     united states international development finance 
     corporation.--The Secretary of the Treasury shall--
       (A) instruct United States representatives at multilateral 
     development banks to use their voice and vote to oppose any 
     loans for the police or military of the Republic of Honduras; 
     and

[[Page S7544]]

       (B) instruct the United States Executive Director of each 
     international financial institution and the Chief Executive 
     Officer of the United States International Development 
     Finance Corporation to promote human rights due diligence and 
     risk management in connection with any loan, grant, policy, 
     or strategy related to the Republic of Honduras, in 
     accordance with the criteria specified in subsection 7029(d) 
     of the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2020 (division G of Public Law 
     116-94; 133 Stat. 2863) and accompanying report.
       (3) Conditions for lifting suspensions and restrictions.--
     The provisions of this subsection shall terminate on the date 
     on which the Secretary of State determines and reports to the 
     Committees on Foreign Relations and Appropriations of the 
     Senate and the Committees on Foreign Affairs and 
     Appropriations of the House of Representatives that the 
     Government of Honduras has--
       (A) pursued all legal avenues to bring to trial and obtain 
     a verdict of all those who ordered, carried out, and covered 
     up--
       (i) the March 2, 2016, murder of Berta Caceres;
       (ii) the killings of over 100 small-farmer activists in the 
     Aguan Valley;
       (iii) the killings of 22 people and forced disappearance of 
     1 person by state security forces in the context of the 2017 
     post-electoral crisis;
       (iv) the killings of at least 6 people by state security 
     forces in the context of anti-government demonstrations 
     between March and July of 2019;
       (v) the killings of at least 21 journalists and media 
     workers between October 2016 and July 2020;
       (vi) the July 18, 2020, forced disappearances of 4 Garifuna 
     community leaders from Triunfo de la Cruz; and
       (vii) the December 26, 2020, killing of indigenous Lenca 
     leader and environmental activist Felix Vasquez at his home 
     in La Paz, and the December 29, 2020, killing of indigenous 
     Tolupan leader and environmental activist Adan Mejia in Yoro;
       (B) investigated and successfully prosecuted members of 
     military and police forces who are credibly found to have 
     violated human rights and ensured that the military and 
     police cooperated in such cases, and that such violations 
     have ceased;
       (C) withdrawn the military from domestic policing and 
     ensured that all domestic police functions are separated from 
     the command and control of the Armed Forces of Honduras and 
     are instead directly responsible to civilian authority;
       (D) established that it protects effectively the rights of 
     trade unionists, journalists, small farmers, human rights and 
     environmental defenders, indigenous and Afro-indigenous 
     community members and rights activists, women's and LGBTQI 
     rights activists, critics of the government, and other 
     members of civil society to operate without interference or 
     repression; and
       (E) taken effective steps to establish the rule of law and 
     to guarantee a judicial system that is capable of 
     investigating, prosecuting, and bringing to justice members 
     of the police and military who have committed human rights 
     abuses.
       (c) Police or Military of the Republic of Honduras 
     Defined.--In this section, the term ``police or military of 
     the Republic of Honduras'' means--
       (1) the Honduran National Police;
       (2) the Honduran Armed Forces;
       (3) the Military Police of Public Order of the Republic of 
     Honduras; or
       (4) para-police or paramilitary elements, acting under 
     color of law or having received financing, training, orders, 
     intelligence, weapons, or other forms of material assistance 
     from the forces identified in paragraphs (1) through (3).
                                 ______
                                 
  SA 4073. 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 A of title XV, add the following:

     SEC. ___. ACTIVE PROTECTION OF THE MAJOR RANGE AND TEST 
                   FACILITY BASE.

       (a) Authority.--The Secretary of Defense may take, and may 
     authorize members of the Armed Forces and officers and 
     civilian employees of the Department of Defense to take, such 
     actions described in subsection (b) as are necessary to 
     mitigate the threat, as determined by the Secretary, that a 
     space-based asset may pose to the security or operation of 
     the Major Range and Test Facility Base (as defined in section 
     196(i) of title 10, United States Code).
       (b) Actions Described.--The actions described in this 
     subsection are the following:
       (1) To detect, identify, monitor, and track a space-based 
     asset, without prior consent, including by means of intercept 
     or other access of an electronic communication used to 
     control the space-based asset.
       (2) To disrupt the sensors of a space-based asset, without 
     prior consent, including by disabling, intercepting, 
     interfering with, or causing interference with such space-
     based sensors.
                                 ______
                                 
  SA 4074. Mr. HAWLEY (for himself and Mr. Blunt) 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__. HONORING MISSOURIANS WHO MADE THE ULTIMATE 
                   SACRIFICE IN AFGHANISTAN.

       (a) Findings.--Congress finds that--
       (1) Marine Corps Lance Corporal Jared Schmitz of 
     Wentzville, Missouri, was a dear and loving son, brother, and 
     friend, who sought constantly to lift those around him and 
     care for others in need;
       (2) Lance Corporal Schmitz was a devoted patriot who knew 
     that he wanted to serve in the Marine Corps by his sophomore 
     year of high school and trained relentlessly on his own 
     initiative so that he might one day wear the Eagle, Globe, 
     and Anchor;
       (3) Lance Corporal Schmitz enlisted in the Marine Corps 
     before his 18th birthday and went on to serve with gallantry 
     as a Marine Corps infantryman, upholding the standards and 
     traditions of all the brave service members from the State of 
     Missouri who came before him;
       (4) Lance Corporal Schmitz went to Kabul, Afghanistan, in 
     August 2021 and, despite the risks, demonstrated heroic 
     commitment to supporting the evacuation of citizens of the 
     United States, allies of the United States, partners of the 
     United States, and innocent civilians;
       (5) on August 26, 2021, at just 20 years of age, while 
     serving alongside his fellow citizens to provide safe passage 
     to those in need, Lance Corporal Schmitz made the ultimate 
     sacrifice at the international airport in Kabul, giving his 
     life so that others might live; and
       (6) Lance Corporal Schmitz was the last of the 56 
     Missourians who made the ultimate sacrifice as part of 
     Operation Enduring Freedom and Operation Freedom's Sentinel 
     and whose names shall not be forgotten, including--
       (A) Christopher Michael Allgaier;
       (B) Michael Chad Bailey;
       (C) Michael Joe Beckerman;
       (D) Brian Jay Bradbury;
       (E) Paul Douglas Carron;
       (F) Jacob Russell Carver;
       (G) Joseph Brian Cemper;
       (H) Robert Keith Charlton;
       (I) Richard Michael Crane;
       (J) Robert Wayne Crow, Jr.;
       (K) Justin Eric Culbreth;
       (L) Robert Gene Davis;
       (M) Edward Fred Dixon III;
       (N) Jason David Fingar;
       (O) James Matthew Finley;
       (P) Zachary Michael Fisher;
       (Q) Jacob Rudeloff Fleischer;
       (R) Blake Wade Hall;
       (S) Nicholas Joel Hand;
       (T) James Warren Harrison, Jr.;
       (U) Jonathon Michael Dean Hostetter;
       (V) James Roger Ide V;
       (W) Issac Brandon Jackson;
       (X) Christopher M. Katzenberger;
       (Y) Jeremy Andrew Katzenberger;
       (Z) William Jo Kerwood;
       (AA) Daniel Leon Kisling, Jr.;
       (BB) Denis Deleon Kisseloff;
       (CC) Donald Matthew Marler;
       (DD) Matthew David Mason;
       (EE) Richard Lewis McNulty III;
       (FF) Bradley Louis Melton;
       (GG) James Douglas Mowris;
       (HH) Michael Robert Patton;
       (II) Joseph Michael Peters;
       (JJ) Robert Wayne Pharris;
       (KK) Ricky Linn Richardson, Jr.;
       (LL) Charles Montague Sadell;
       (MM) Charles Ray Sanders, Jr.;
       (NN) Ronald Wayne Sawyer;
       (OO) Patrick Wayne Schimmel;
       (PP) Jared Marcus Schmitz;
       (QQ) Roslyn Littman Schulte;
       (RR) Billy Joe Siercks;
       (SS) Adam Olin Smith;
       (TT) Tyler James Smith;
       (UU) Christopher Glenn Stark;
       (VV) Sean Patrick Sullivan;
       (WW) Philip James Svitak;
       (XX) Phillip David Vinnedge;
       (YY) Matthew Herbert Walker;
       (ZZ) Jeffrey Lee White, Jr.;
       (AAA) Matthew Willard Wilson;
       (BBB) Vincent Cortez Winston, Jr.;
       (CCC) Sterling William Wyatt; and
       (DDD) Gunnar William Zwilling.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Marine Corps Lance Corporal Jared Schmitz and his 
     fellow Missourians who made the ultimate sacrifice during the 
     war in Afghanistan represent the very best of the State of 
     Missouri and the United States; and
       (2) the United States honors those brave service members 
     and their families and shall never forget the services they 
     rendered and sacrifices they made in the defense of their 
     grateful Nation.

[[Page S7545]]

  

                                 ______
                                 
  SA 4075. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title VIII, add the following:

     SEC. 857. COMBATING TRAFFICKING IN PERSONS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should have a zero tolerance 
     policy for human trafficking, and it is of vital importance 
     that Government contractors who engage in human trafficking 
     be held accountable.
       (b) Analysis Required.--The Secretary of Defense shall 
     review the recommendations contained in the report of the 
     Comptroller General of the United States titled ``Human 
     Trafficking: DOD Should Address Weaknesses in Oversight of 
     Contractors and Reporting of Investigations Related to 
     Contracts'' (dated August 2021; GAO-21-546) and develop the 
     following:
       (1) Policies and processes to ensure contracting officers 
     of the Department of Defense be informed of their 
     responsibilities relating to combating trafficking in persons 
     and to ensure that such contracting officers are accurately 
     and completely reporting trafficking in persons 
     investigations.
       (2) Policies and processes to specify--
       (A) the offices and individuals within the Department that 
     should be receiving and reporting on trafficking in persons 
     incidents involving contractors;
       (B) the elements of the Department and persons outside the 
     Department that are responsible for reporting trafficking in 
     persons investigations; and
       (C) requirements relating to reporting such incident in the 
     Federal Awardee Performance and Integrity Information System 
     (or any other contractor performance rating system).
       (3) Policies and processes to ensure that combating 
     trafficking in persons monitoring is more effectively 
     implemented through, among other things, reviewing and 
     monitoring contractor compliance plans relating to combating 
     trafficking in persons.
       (4) Policies and processes to ensure the Secretary of 
     Defense has accurate and complete information about 
     compliance with acquisition-specific training requirements 
     relating to combating trafficking in persons by contractors.
       (5) A mechanism for ensuring completion of such training 
     within 30 days after a contractor begins performance on a 
     contract.
       (6) An assessment of the resources and staff required to 
     support oversight of combating trafficking in persons, 
     including resources and staff to validate annual combating 
     trafficking in persons self-assessments by elements of the 
     Department.
       (c) Interim Brief.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     brief the congressional defense committees, the Committee on 
     Oversight of the House of Representatives, and the Committee 
     on Homeland Security and Government Affairs of the Senate on 
     the preliminary findings of the analysis required by 
     subsection (b).
       (d) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees, the Committee 
     on Oversight of the House of Representatives, and the 
     Committee on Homeland Security and Government Affairs of the 
     Senate the analysis required by subsection (b).
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 4076. Mr. HAWLEY (for himself, Mr. Scott of Florida, 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 appropriate place, insert the following:

     SEC. _____. PROHIBITION ON THE USE OF TIKTOK.

       (a) Definitions.--In this section--
       (1) the term ``covered application'' means the social 
     networking service TikTok or any successor application or 
     service developed or provided by ByteDance Limited or an 
     entity owned by ByteDance Limited;
       (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 TikTok.--
       (1) In general.--Not later than 60 days after the date of 
     the 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 covered application 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 a covered application under 
     an exception, requirements for agencies to develop and 
     document risk mitigation actions for such use.
                                 ______
                                 
  SA 4077. Ms. ERNST (for herself, Mr. Grassley, Mr. Warnock, Mrs. 
Blackburn, and Mr. Casey) submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1004. INCREASED TRANSFER AUTHORITY TO REIMBURSE THE 
                   NATIONAL GUARD FOR DEFENSE SUPPORT OF CIVIL 
                   AUTHORITIES ACTIONS.

       (a) Transfer Authority.--Notwithstanding section 2214 of 
     title 10, United States Code, and subject to subsection (b), 
     the Secretary of Defense may transfer without limitation 
     amounts necessary to reimburse the National Guard for Defense 
     Support of Civil Authorities actions upon a written request 
     from the Chief of the National Guard Bureau to the Secretary 
     and Congress detailing the need for the transfer and the 
     estimated costs.
       (b) Report.--Not later than 30 days after the Secretary 
     transfers amount pursuant to subsection (a), the Secretary 
     and the Chief of the National Guard Bureau shall jointly 
     submit to Congress a report detailing the costs associated 
     with the Defense Support of Civil Authorities actions 
     reimbursed pursuant to such transfer.
                                 ______
                                 
  SA 4078. 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 C of title VIII, add the following:

     SEC. 838. SUPPORT FOR FLAME-RESISTANT TEXTILE INDUSTRIAL 
                   BASE.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the capability of the textile 
     industrial base to support the Department of Defense's 
     requirement for flame resistant uniforms, including--
       (1) an assessment of the risk to members of the Armed 
     Forces and National Guard presented by flash fire in combat 
     and non-combat operations;
       (2) a review of existing criteria for determining in what 
     circumstances combat uniforms of the Armed Forces and 
     National Guard are required to be flame- resistant;
       (3) the potential benefits of flame-resistant combat 
     uniforms on operational safety and force protection;
       (4) plans for enhancing protections for members of the 
     Armed Forces and National Guard against flash fire; and
       (5) the minimum level of annual procurement by the Defense 
     Logistics Agency necessary to sustain the flame resistant 
     textile industrial base to be prepared to respond to emerging 
     needs of the Armed Forces and National Guard for current and 
     future conflicts.
                                 ______
                                 
  SA 4079. 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:

[[Page S7546]]

  


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

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, 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.--The 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 4080. 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 end of subtitle G of title V, add the following:

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

       Section 328(b) of title 32, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``A member''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Under regulations prescribed by the Chief of the 
     National Guard Bureau, the adjutant general of the 
     jurisdiction concerned may authorize a member of the National 
     Guard performing duty under subsection (a) to perform 
     additional duties in response to a State-declared emergency 
     or disaster provided that the adjutant general determines 
     that members performing such additional duties will derive a 
     benefit that satisfies or complements training requirements 
     for the wartime mission or other training objectives of the 
     members' unit.''.
                                 ______
                                 
  SA 4081. Mrs. FEINSTEIN (for herself 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, insert the following:

     SEC. 10__. ROLE OF THE COMMISSIONER AND INTERNATIONAL 
                   AGREEMENTS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the United States Section of the 
     International Boundary and Water Commission.
       (3) New River.--The term ``New River'' means the river that 
     starts in Mexicali, Mexico, flows north into the United 
     States through Calexico, passes through the Imperial Valley, 
     and drains into the Salton Sea.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (5) Tijuana River.--The term ``Tijuana River'' means the 
     river that rises in the Sierra de Juarez in Mexico, flows 
     through the City of Tijuana and then north into the United 
     States, passes through the Tijuana River estuary, and drains 
     into the Pacific Ocean.
       (b) Wastewater and Stormwater Authority.--The Commissioner 
     may study, design, construct, operate, and maintain projects 
     to manage, improve, and protect the quality of wastewater, 
     stormwater runoff, and other untreated flows in the Tijuana 
     River watershed and the New River watershed.
       (c) Tijuana and New River Projects Within the United 
     States.--The Secretary, acting through the Commissioner, 
     shall--
       (1) construct, operate, and maintain projects that--
       (A) are on a priority list developed by the Environmental 
     Protection Agency for projects in the Tijuana River watershed 
     or New River watershed;
       (B) are within the United States; and
       (C) improve the water quality of the Tijuana River 
     watershed or the New River watershed, as applicable; and
       (2) use available funds, including funds received from the 
     Administrator, to construct, operate, and maintain the 
     projects described in paragraph (1).
       (d) Agreements With Mexico.--The Secretary, acting through 
     the Commissioner, may execute an agreement with the 
     appropriate official or officials of the Government of Mexico 
     for--
       (1) the joint study and design of stormwater control and 
     water quality projects; and
       (2) on approval of the necessary plans and specifications 
     of the projects described in paragraph (1), the construction, 
     operation, and maintenance of those projects by the United 
     States and Mexico, in accordance with the treaty relating to 
     the utilization of the waters of the Colorado and Tijuana 
     Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, 
     Texas, to the Gulf of Mexico, and supplementary protocol, 
     signed at Washington February 3, 1944 (59 Stat. 1219), 
     between the United States and Mexico.
       (e) Savings Provision.--Nothing in this section limits the 
     authority of the International Boundary and Water Commission 
     under any other provision of law.
                                 ______
                                 
  SA 4082. Mrs. FEINSTEIN (for herself, Ms. Ernst, Mr. Cornyn, and Ms. 
Collins) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1216. STATUS OF WOMEN AND GIRLS IN AFGHANISTAN.

       (a) Findings.--Congress finds the following:
       (1) Since May 2021, the escalation of violent conflict in 
     Afghanistan has forcibly displaced an estimated 655,000 
     civilians, and 80 percent of those forced to flee are women 
     and children.
       (2) Since regaining control of Afghanistan in August 2021, 
     the Taliban have taken actions reminiscent of their brutal 
     rule in the late 1990s. They have cracked down on protesters, 
     reportedly detained and beaten journalists, and reestablished 
     their Ministry for the Promotion of Virtue and Prevention of 
     Vice, which under previous Taliban rule enforced prohibitions 
     on behavior deemed un-Islamic. The Taliban's acting higher 
     education minister said women will be permitted to study at 
     universities in gender-segregated classrooms while wearing 
     Islamic attire. The new Taliban government is being filled 
     with hard-liners from the former Taliban regime. The Taliban 
     are imposing harsh rule despite pledges to respect the rights 
     of women and minority communities and provide amnesty for 
     people who supported United States efforts in Afghanistan.
       (3) Until the Taliban assumed control of the country in 
     August 2021, the women and girls of Afghanistan had achieved 
     much since 2001, even as insecurity, poverty, 
     underdevelopment, and patriarchal norms continued to limit 
     their rights and opportunities in much of Afghanistan.
       (4) Through strong support from the United States and the 
     international community--
       (A) female enrollment in public schools in Afghanistan 
     continued to increase through 2015 with an estimated high of 
     50 percent of school age girls attending; and
       (B) by 2019--
       (i) women held political leadership positions, and women 
     served as ambassadors; and
       (ii) women served as professors, judges, prosecutors, 
     defense attorneys, police, military members, health 
     professionals, journalists, humanitarian and developmental 
     aid workers, and entrepreneurs.
       (5) Women's and girls' rights and empowerment continue to 
     serve the interests of Afghanistan and the United States 
     because women are sources of peace and economic progress in 
     Afghanistan.
       (6) With the return of Taliban control, the United States 
     has little ability to preserve the rights of women and girls 
     in Afghanistan, and those women and girls may again face the 
     intimidation and marginalization they faced under the last 
     Taliban regime.
       (7) Women and girls in Afghanistan are again facing gender-
     based violence, including--
       (A) forced marriage;
       (B) intimate partner and domestic violence;
       (C) sexual harassment;
       (D) sexual violence, including rape;
       (E) gender-based denial of resources; and
       (F) emotional and psychological violence.
       (8) Gender-based violence has always been a significant 
     problem in Afghanistan and is expected to become more 
     widespread with the Taliban in control. In 2020, even before 
     the Taliban assumed control of the country, Human Rights 
     Watch projected that 87 percent of Afghan women and girls 
     will experience at least one form of gender-based violence in 
     their lifetime, with 62 percent experiencing multiple 
     incidents of such violence.

[[Page S7547]]

       (9) Prior to the Taliban takeover in August 2021, 
     approximately 7,000,000 people in Afghanistan lacked or had 
     limited access to essential health services as a result of 
     inadequate public health coverage, weak health systems, and 
     conflict-related interruptions in care. Women and girls faced 
     additional challenges, as their access to life-saving 
     services (for example, emergency obstetric services) was 
     limited due to a shortage of female medical staff, cultural 
     barriers, stigma and fears of reprisals following sexual 
     violence, or other barriers to mobility, including security 
     fears.
       (10) Only approximately 50 percent of pregnant women and 
     girls in Afghanistan deliver their children in a health 
     facility with a professional attendant, which increases the 
     risk of complications in childbirth and preventable maternal 
     mortality. Food insecurity in Afghanistan is also posing a 
     variety of threats to women and girls as malnutrition weakens 
     their immune systems, making them more susceptible to 
     infections, complications during pregnancy, and risks during 
     childbirth.
       (11) Adolescent girls are particularly at risk due to the 
     lack of safe and accessible reproductive health services.
       (12) With the combined impacts of ongoing conflict and 
     COVID-19, Afghan households increasingly resort to child 
     marriage, forced marriage, and child labor to address food 
     insecurity and other effects of extreme poverty.
       (13) In Afghanistan, the high prevalence of anemia among 
     adolescent girls reduces their ability to survive childbirth, 
     especially when coupled with high rates of child marriage and 
     forced marriage and barriers to accessing safe health 
     services and information.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) since 2001, women's rights organizations and girl-led 
     groups and networks have been important engines of social, 
     economic, and political development in Afghanistan;
       (2) any future political order in Afghanistan should secure 
     the political, economic, and social gains made by Afghan 
     women and work to increase the equal treatment of women and 
     girls and improve the safe access for women and girls to 
     essential services and information through laws and policies 
     pertaining to public and private life;
       (3) respecting the human rights of all people is essential 
     to securing lasting peace and sustainable development in 
     Afghanistan;
       (4) in cooperation with international partners, the United 
     States must endeavor to preserve the hard-won gains made in 
     Afghanistan during the past two decades, particularly as 
     related to the political and economic role, social rights, 
     and protection of women and girls in society;
       (5) the continuing humanitarian assistance to the Afghan 
     people is critical to support women and girls, for their 
     protection, continued education, and well-being;
       (6) immediate and ongoing humanitarian needs in Afghanistan 
     can only be met by a humanitarian response that includes 
     formal agreements between local nongovernmental organizations 
     and international partners that promotes the safe access and 
     participation of female staff at all levels and across 
     functional roles among all humanitarian actors; and
       (7) a lack of aid and essential services would result in a 
     humanitarian crisis and serve to reinforce gender 
     inequalities and power imbalances in Afghanistan.
       (c) Policy of the United States Regarding the Rights of 
     Women and Girls of Afghanistan.--
       (1) In general.--It is the policy of the United States--
       (A) to continue to support the rights of women and girls in 
     Afghanistan following the withdrawal of the United States 
     Armed Forces from Afghanistan, including through mechanisms 
     to hold all parties publicly accountable for violations of 
     international humanitarian law and human rights violations 
     against women and girls;
       (B) to strongly oppose any weakening of the rights of women 
     and girls in Afghanistan;
       (C) to instruct representatives of the United States 
     Government to use the voice, foreign assistance, and 
     influence of the United States directly with the Taliban and 
     at the United Nations, including with United Nations 
     agencies, through participation in United Nations bodies, and 
     with representatives of other United Nations Member States, 
     to promote, respect, and uphold the human rights of the women 
     and girls of Afghanistan, including the right to safely work;
       (D) to continue providing aid and assistance necessary to 
     preserve the rights of women and girls in Afghanistan so that 
     they may continue to pursue educational and professional 
     opportunities and be equal members of Afghan society;
       (E) to identify individuals who violate the basic rights of 
     women and girls in Afghanistan, as those rights are defined 
     by international human right standards, such as by committing 
     murder, lynching, and grievous domestic violence against 
     women, and to press for bringing those individuals to 
     justice;
       (F) to systematically consult with Afghan women and girls 
     on their needs and priorities in the development, 
     implementation, and monitoring of humanitarian action, 
     including women and girls who are part of the Afghan diaspora 
     community; and
       (G) to ensure all humanitarian action is informed by--
       (i) a gender and power analysis conducted by the Department 
     of State that identifies forms of inequality and oppression; 
     and
       (ii) the collection, analysis, and use of data 
     disaggregated by sex and age.
       (2) Definition of afghan society.--In this subsection, the 
     term ``Afghan society'' means the range of formal and 
     informal organizations in Afghanistan, including Afghan local 
     nongovernmental organizations as well as international 
     nongovernmental organizations, that reflect community 
     interests and deliver some essential services.
       (d) Humanitarian Aid Positions for Women in Afghanistan.--
     The Administrator of the United States Agency for 
     International Development shall promote that Afghanistan-
     based humanitarian assistance-related positions that the 
     United States Agency for International Development is seeking 
     to fill are offered to women who are citizens of Afghanistan 
     to the extent practicable.
       (e) Report on Women and Girls in Afghanistan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     through 2024, the Secretary of State shall submit to the 
     appropriate committees of Congress a report that includes the 
     following:
       (A) An assessment of the conditions of women's and girls' 
     rights in Afghanistan in relation to humanitarian needs and 
     key development outcomes following the departure of United 
     States and partner military forces, including the access of 
     those women and girls to primary and secondary education, 
     jobs, health care, and equal status in society as compared to 
     men.
       (B) An assessment of the political and civic participation 
     of women and girls in Afghanistan.
       (C) An assessment of the prevalence of gender-based 
     violence in Afghanistan.
       (D) A report on United States funding obligated or expended 
     during the period covered by the report in furtherance of 
     gender equality and women's and girls' rights in Afghanistan, 
     including how much funding has directly supported women's 
     rights organizations at the local level in Afghanistan.
       (2) Assessment.--
       (A) Input.--The assessment described in paragraph (1)(A) 
     shall include the input of--
       (i) Afghan women and girls;
       (ii) organizations employing and working with Afghan women 
     and girls; and
       (iii) humanitarian organizations providing assistance in 
     Afghanistan.
       (B) Safety and confidentiality.--In carrying out the 
     assessment described in paragraph (1)(A), the Secretary 
     shall, to the maximum extent practicable, ensure the safety 
     and confidentiality of personal information of each 
     individual who provides information from within Afghanistan.
       (3) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 4083. Mrs. FEINSTEIN (for herself 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 appropriate place, insert the following:

     SEC. __. IMPROVING THE MANAGEMENT OF DRIFTNET FISHING.

       (a) Short Title.--This section may be cited as the 
     ``Driftnet Modernization and Bycatch Reduction Act''.
       (b) Definition.--Section 3(25) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1802(25)) 
     is amended by inserting ``, or with a mesh size of 14 inches 
     or greater,'' after ``more''.
       (c) Findings and Policy.--
       (1) Findings.--Section 206(b) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1826(b)) 
     is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(8) within the exclusive economic zone, large-scale 
     driftnet fishing that deploys nets with large mesh sizes 
     causes significant entanglement and mortality of living 
     marine resources, including myriad protected species, despite 
     limitations on the lengths of such nets.''.
       (2) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826(c)) is 
     amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) prioritize the phase out of large-scale driftnet 
     fishing in the exclusive economic

[[Page S7548]]

     zone and promote the development and adoption of alternative 
     fishing methods and gear types that minimize the incidental 
     catch of living marine resources.''.
       (d) Transition Program.--Section 206 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1826) is amended by adding at the end the following--
       ``(i) Fishing Gear Transition Program.--
       ``(1) In general.--During the 5-year period beginning on 
     the date of enactment of the Driftnet Modernization and 
     Bycatch Reduction Act, the Secretary shall conduct a 
     transition program to facilitate the phase-out of large-scale 
     driftnet fishing and adoption of alternative fishing 
     practices that minimize the incidental catch of living marine 
     resources, and shall award grants to eligible permit holders 
     who participate in the program.
       ``(2) Permissible uses.--Any permit holder receiving a 
     grant under paragraph (1) may use such funds only for the 
     purpose of covering--
       ``(A) any fee originally associated with a permit 
     authorizing participation in a large-scale driftnet fishery, 
     if such permit is surrendered for permanent revocation, and 
     such permit holder relinquishes any claim associated with the 
     permit;
       ``(B) a forfeiture of fishing gear associated with a permit 
     described in subparagraph (A); or
       ``(C) the purchase of alternative gear with minimal 
     incidental catch of living marine resources, if the fishery 
     participant is authorized to continue fishing using such 
     alternative gears.
       ``(3) Certification.--The Secretary shall certify that, 
     with respect to each participant in the program under this 
     subsection, any permit authorizing participation in a large-
     scale driftnet fishery has been permanently revoked and that 
     no new permits will be issued to authorize such fishing.''.
       (e) Exception.--Section 307(1)(M) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 
     1857(1)(M)) is amended by inserting before the semicolon the 
     following: ``, unless such large-scale driftnet fishing--
       ``(i) deploys, within the exclusive economic zone, a net 
     with a total length of less than two and one-half kilometers 
     and a mesh size of 14 inches or greater; and
       ``(ii) is conducted within 5 years of the date of enactment 
     of the Driftnet Modernization and Bycatch Reduction Act''.
       (f) Fees.--
       (1) In general.--The North Pacific Fishery Management 
     Council may recommend, and the Secretary of Commerce may 
     approve, regulations necessary for the collection of fees 
     from charter vessel operators who guide recreational anglers 
     who harvest Pacific halibut in International Pacific Halibut 
     Commission regulatory areas 2C and 3A as those terms are 
     defined in part 300 of title 50, Code of Federal Regulations 
     (or any successor regulations).
       (2) Use of fees.--Any fees collected under this subsection 
     shall be available for the purposes of--
       (A) financing administrative costs of the Recreational 
     Quota Entity program;
       (B) the purchase of halibut quota shares in International 
     Pacific Halibut Commission regulatory areas 2C and 3A by the 
     recreational quota entity authorized in part 679 of title 50, 
     Code of Federal Regulations (or any successor regulations);
       (C) halibut conservation and research; and
       (D) promotion of the halibut resource by the recreational 
     quota entity authorized in part 679 of title 50, Code of 
     Federal Regulations (or any successor regulations).
       (3) Limitation on collection and availability.--Fees shall 
     be collected and available pursuant to this subsection only 
     to the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to paragraph (4).
       (4) Fee collected during start-up period.--Notwithstanding 
     paragraph (3), fees may be collected through the date of 
     enactment of an Act making appropriations for the activities 
     authorized under this Act through September 30, 2022, and 
     shall be available for obligation and remain available until 
     expended.
                                 ______
                                 
  SA 4084. Mrs. FEINSTEIN (for herself 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. DEFINITION OF LAND USE REVENUE UNDER WEST LOS 
                   ANGELES LEASING ACT OF 2016.

       Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 
     (Public Law 114-226) is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) any funds received as compensation for an easement 
     described in subsection (e); and''.
                                 ______
                                 
  SA 4085. Mrs. FEINSTEIN (for herself 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 D of title XXVIII, add the 
     following:

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

       No Federal funds may be used to close or relocate the 
     Marine Corps Recruit Depot in San Diego, California, or to 
     conduct any planning or other activity related to such 
     closure or relocation.
                                 ______
                                 
  SA 4086. 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, insert the following:

     SEC. __. PROTECTIONS FOR COVERED INDIVIDUALS.

        Section 7211 of title 5, United States Code, is amended--
       (1) by striking ``The right of employees'' and inserting 
     the following:
       ``(a) In General.--The right of covered individuals''; and
       (2) by adding at the end the following:
       ``(b) Remedies.--
       ``(1) Administrative remedies.--
       ``(A) In general.--A covered individual with respect to a 
     Federal agency (other than a covered individual described in 
     subparagraph (B), (C), or (D)) who is aggrieved by a 
     violation of subsection (a) may seek corrective action under 
     sections 1214 and 1221 in the same manner as an individual 
     who is aggrieved by a prohibited personnel practice described 
     in section 2302(b)(8).
       ``(B) FBI employees.--A covered individual with respect to 
     the Federal Bureau of Investigation who is aggrieved by a 
     violation of subsection (a) may seek corrective action under 
     section 2303.
       ``(C) Intelligence community employees.--A covered 
     individual with respect to a covered intelligence community 
     element (as defined in section 1104(a) of the National 
     Security Act of 1947 (50 U.S.C. 3234(a))) who is aggrieved by 
     a violation of subsection (a) may seek corrective action 
     under section 1104 of the National Security Act of 1947 (50 
     U.S.C. 3234) or subsection (b)(7) or (j) of section 3001 of 
     that Act (50 U.S.C. 3341).
       ``(D) Contractor employees.--A covered individual with 
     respect to a Federal agency who is an employee of, former 
     employee of, or applicant for employment with, a contractor, 
     subcontractor, grantee, subgrantee, or personal services 
     contractor (as those terms are used in section 2409 of title 
     10 and section 4712 of title 41) of the agency and who is 
     aggrieved by a violation of subsection (a) of this section 
     may seek corrective action under section 2409 of title 10 or 
     section 4712 of title 41.
       ``(E) Burden of proof.--The burdens of proof under 
     subsection (e) of section 1221 shall apply to an allegation 
     of a violation of subsection (a) of this section made under 
     subparagraph (A), (B), (C), or (D) of this paragraph in the 
     same manner as those burdens of proof apply to an allegation 
     of a prohibited personnel practice under such section 1221.
       ``(F) Class of individuals entitled to seek corrective 
     action.--The right to seek corrective action under 
     subparagraph (A), (B), (C), or (D) shall apply to a covered 
     individual who is an employee of, former employee of, or 
     applicant for employment with, a Federal agency described in 
     the applicable subparagraph or a contractor, subcontractor, 
     grantee, subgrantee, or personal services contractor (as 
     those terms are used in section 2409 of title 10 and section 
     4712 of title 41) of such a Federal agency, notwithstanding 
     the fact that a provision of law referenced in the applicable 
     subparagraph does not authorize one or more of those types of 
     covered individuals to seek corrective action.
       ``(2) Private right of action.--
       ``(A) In general.--If a final decision providing relief for 
     a violation of subsection (a) alleged under subparagraph (A), 
     (B), (C), or (D) of paragraph (1) of this subsection is not 
     issued within 210 days of the date on which the covered 
     individual seeks corrective action under the applicable 
     subparagraph and there is no showing that the delay is due to 
     the bad faith of the covered individual, the

[[Page S7549]]

     covered individual may bring an action at law or equity for 
     de novo review in the appropriate district court of the 
     United States, which shall have jurisdiction over the action 
     without regard to the amount in controversy, for lost wages 
     and benefits, reinstatement, costs and attorney fees, 
     compensatory damages, equitable or injunctive relief, or any 
     other relief that the court considers appropriate.
       ``(B) Jury trial.--An action brought under subparagraph (A) 
     shall, upon the request of the covered individual, be tried 
     by the court with a jury.
       ``(C) Burden of proof.--The burdens of proof under 
     subsection (e) of section 1221 shall apply to an allegation 
     of a violation of subsection (a) of this section in an action 
     brought under this paragraph in the same manner as those 
     burdens of proof apply to an allegation of a prohibited 
     personnel practice under such section 1221.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered individual', with respect to a 
     Federal agency, means an employee of, former employee of, or 
     applicant for employment with--
       ``(A) the agency; or
       ``(B) a contractor, subcontractor, grantee, subgrantee, or 
     personal services contractor (as those terms are used in 
     section 2409 of title 10 and section 4712 of title 41) of the 
     agency; and
       ``(2) the term `Federal agency' means an agency, office, or 
     other establishment in the executive, legislative, or 
     judicial branch of the Federal Government.''.
                                 ______
                                 
  SA 4087. 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 subtitle G of title X, insert 
     the following:

     SEC. __. ONE HEALTH CENTER OF EXCELLENCE.

       (a) Establishment.--The Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary''), 
     in consultation with the Commissioner of Food and Drugs, the 
     Center for Veterinary Medicine, and the Office of the Chief 
     Scientist of the Food and Drug Administration, not later than 
     1 year after the date of enactment of this Act, shall 
     establish within the Food and Drug Administration a One 
     Health Center of Excellence for purposes of strengthening 
     inter- and intra-agency actions with respect to emerging 
     public health threats, as described in subsection (b).
       (b) Activities.--The activities of the One Health Center of 
     Excellence shall include the following:
       (1) Developing programs and enhancing strategies to 
     research, monitor, prevent, and respond to emerging public 
     health threats, such as zoonotic disease outbreaks, as well 
     as other biological, chemical, and radiological threats to 
     public health.
       (2) Supporting recruitment and training for personnel 
     engaged in such research, monitoring, prevention, and 
     response efforts.
       (3) Conducting, promoting, and supporting research 
     regarding public health threats.
       (4) Improving public awareness and understanding of a One 
     Health approach.
       (5) Facilitating collaborative relationships among--
       (A) relevant Federal agencies, such as the Department of 
     Agriculture, the Department of the Interior, the Department 
     of Defense, the Department of Commerce, the Department of 
     Homeland Security, the United States Agency for International 
     Development, the Food and Drug Administration, the Centers 
     for Disease Control and Prevention, the National Institutes 
     of Health, and the Environmental Protection Agency;
       (B) Tribal Nations;
       (C) State and local public health veterinarians and 
     wildlife officials; and
       (D) other experts, as determined by the Secretary.
       (c) Public Process.--The Secretary shall provide a period 
     for public comment during the time that the One Health Center 
     of Excellence is being implemented.
       (d) Annual Report.--Not later than January 1 of the year 
     that begins 1 year after the One Health Center of Excellence 
     is implemented, and annually thereafter, the Secretary shall 
     publish on the website of the Food and Drug Administration a 
     report on the activities of the One Health Center of 
     Excellence and recommendations for Congress regarding 
     additional legislation that may be needed to prevent and 
     respond to emerging public health threats.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 4088. Mrs. FEINSTEIN (for herself and Mr. Schatz) 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, add the following:

        DIVISION E--CANNABIDIOL AND MARIHUANA RESEARCH EXPANSION

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Cannabidiol and 
     Marihuana Research Expansion Act''.

     SEC. 5102. DEFINITIONS.

       In this division--
       (1) the term ``appropriately registered'' means that an 
     individual or entity is registered under the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) to engage in the type 
     of activity that is carried out by the individual or entity 
     with respect to a controlled substance on the schedule that 
     is applicable to cannabidiol or marihuana, as applicable;
       (2) the term ``cannabidiol'' means--
       (A) the substance, cannabidiol, as derived from marihuana 
     that has a delta-9-tetrahydrocannabinol level that is greater 
     than 0.3 percent; and
       (B) the synthetic equivalent of the substance described in 
     subparagraph (A);
       (3) the terms ``controlled substance'', ``dispense'', 
     ``distribute'', ``manufacture'', ``marihuana'', and 
     ``practitioner'' have the meanings given such terms in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802), 
     as amended by this division;
       (4) the term ``covered institution of higher education'' 
     means an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)) that--
       (A)(i) has highest or higher research activity, as defined 
     by the Carnegie Classification of Institutions of Higher 
     Education; or
       (ii) is an accredited medical school or an accredited 
     school of osteopathic medicine; and
       (B) is appropriately registered under the Controlled 
     Substances Act (21 U.S.C. 801 et seq.);
       (5) the term ``drug'' has the meaning given the term in 
     section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321(g)(1));
       (6) the term ``medical research for drug development'' 
     means medical research that is--
       (A) a preclinical study or clinical investigation conducted 
     in accordance with section 505(i) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by 
     the Department of Health and Human Services to determine the 
     potential medical benefits of marihuana or cannabidiol as a 
     drug; and
       (B) conducted by a covered institution of higher education, 
     practitioner, or manufacturer that is appropriately 
     registered under the Controlled Substances Act (21 U.S.C. 801 
     et seq.); and
       (7) the term ``State'' means any State of the United 
     States, the District of Columbia, and any territory of the 
     United States.

             TITLE LI--REGISTRATIONS FOR MARIHUANA RESEARCH

     SEC. 5121. MARIHUANA RESEARCH APPLICATIONS.

       Section 303(f) of the Controlled Substances Act (21 U.S.C. 
     823(f)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively;
       (2) by striking ``(f) The Attorney General'' and inserting 
     ``(f)(1) The Attorney General'';
       (3) by striking ``Registration applications'' and inserting 
     the following:
       ``(2)(A) Registration applications'';
       (4) by striking ``Article 7'' and inserting the following:
       ``(3) Article 7''; and
       (5) by inserting after paragraph (2)(A), as so designated, 
     the following:
       ``(B)(i) The Attorney General shall register a practitioner 
     to conduct research with marihuana if--
       ``(I) the applicant's research protocol--
       ``(aa) has been reviewed and allowed--
       ``(AA) by the Secretary of Health and Human Services under 
     section 505(i) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355(i));
       ``(BB) by the National Institutes of Health or another 
     Federal agency that funds scientific research; or
       ``(CC) pursuant to sections 1301.18 and 1301.32 of title 
     21, Code of Federal Regulations, or any successors thereto; 
     and
       ``(II) the applicant has demonstrated to the Attorney 
     General that there are effective procedures in place to 
     adequately safeguard against diversion of the controlled 
     substance for legitimate medical or scientific use pursuant 
     to section 5125 of the Cannabidiol and Marihuana Research 
     Expansion Act, including demonstrating that the security 
     measures are adequate for storing the quantity of marihuana 
     the applicant would be authorized to possess.
       ``(ii) The Attorney General may deny an application for 
     registration under this subparagraph only if the Attorney 
     General determines that the issuance of the registration 
     would be inconsistent with the public interest. In 
     determining the public interest, the Attorney General shall 
     consider the factors listed in--
       ``(I) subparagraphs (B) through (E) of paragraph (1); and

[[Page S7550]]

       ``(II) subparagraph (A) of paragraph (1), if the applicable 
     State requires practitioners conducting research to register 
     with a board or authority described in such subparagraph (A).
       ``(iii)(I) Not later than 60 days after the date on which 
     the Attorney General receives a complete application for 
     registration under this subparagraph, the Attorney General 
     shall--
       ``(aa) approve the application; or
       ``(bb) request supplemental information.
       ``(II) For purposes of subclause (I), an application shall 
     be deemed complete when the applicant has submitted 
     documentation showing that the requirements under clause (i) 
     are satisfied.
       ``(iv) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information as 
     described in clause (iii)(I)(bb) in connection with an 
     application described in this subparagraph, the Attorney 
     General shall approve or deny the application.
       ``(v) If an application described in this subparagraph is 
     denied, the Attorney General shall provide a written 
     explanation of the basis of denial to the applicant.''.

     SEC. 5122. RESEARCH PROTOCOLS.

       (a) In General.--Paragraph (2)(B) of section 303(f) of the 
     Controlled Substances Act (21 U.S.C. 823(f)), as amended by 
     section 5121 of this Act, is further amended by adding at the 
     end the following:
       ``(vi)(I) If the Attorney General grants an application for 
     registration under clause (i), the registrant may amend or 
     supplement the research protocol without reapplying if the 
     registrant does not change--
       ``(aa) the quantity or type of drug;
       ``(bb) the source of the drug; or
       ``(cc) the conditions under which the drug is stored, 
     tracked, or administered.
       ``(II)(aa) If a registrant under clause (i) seeks to change 
     the type of drug, the source of the drug, or conditions under 
     which the drug is stored, tracked, or administered, the 
     registrant shall notify the Attorney General via registered 
     mail, or an electronic means permitted by the Attorney 
     General, not later than 30 days before implementing an 
     amended or supplemental research protocol.
       ``(bb) A registrant may proceed with an amended or 
     supplemental research protocol described in item (aa) if the 
     Attorney General does not explicitly object during the 30-day 
     period beginning on the date on which the Attorney General 
     receives the notice under item (aa).
       ``(cc) The Attorney General may only object to an amended 
     or supplemental research protocol under this subclause if 
     additional security measures are needed to safeguard against 
     diversion or abuse.
       ``(dd) If a registrant under clause (i) seeks to address 
     additional security measures identified by the Attorney 
     General under item (cc), the registrant shall notify the 
     Attorney General via registered mail, or an electronic means 
     permitted by the Attorney General, not later than 30 days 
     before implementing an amended or supplemental research 
     protocol.
       ``(ee) A registrant may proceed with an amended or 
     supplemental research protocol described in item (dd) if the 
     Attorney General does not explicitly object during the 30-day 
     period beginning on the date on which the Attorney General 
     receives the notice under item (dd).
       ``(III)(aa) If a registrant under clause (i) seeks to 
     change the quantity of marihuana needed for research and the 
     change in quantity does not impact the factors described in 
     item (bb) or (cc) of subclause (I) of this clause, the 
     registrant shall notify the Attorney General via registered 
     mail or using an electronic means permitted by the Attorney 
     General.
       ``(bb) A notification under item (aa) shall include--
       ``(AA) the Drug Enforcement Administration registration 
     number of the registrant;
       ``(BB) the quantity of marihuana already obtained;
       ``(CC) the quantity of additional marihuana needed to 
     complete the research; and
       ``(DD) an attestation that the change in quantity does not 
     impact the source of the drug or the conditions under which 
     the drug is stored, tracked, or administered.
       ``(cc) The Attorney General shall ensure that--
       ``(AA) any registered mail return receipt with respect to a 
     notification under item (aa) is submitted for delivery to the 
     registrant providing the notification not later than 3 days 
     after receipt of the notification by the Attorney General; 
     and
       ``(BB) notice of receipt of a notification using an 
     electronic means permitted under item (aa) is provided to the 
     registrant providing the notification not later than 3 days 
     after receipt of the notification by the Attorney General.
       ``(dd)(AA) On and after the date described in subitem (BB), 
     a registrant that submits a notification in accordance with 
     item (aa) may proceed with the research as if the change in 
     quantity has been approved on such date, unless the Attorney 
     General notifies the registrant of an objection described in 
     item (ee).
       ``(BB) The date described in this subitem is the date on 
     which a registrant submitting a notification under item (aa) 
     receives the registered mail return receipt with respect to 
     the notification or the date on which the registrant receives 
     notice that the notification using an electronic means 
     permitted under item (aa) was received by the Attorney 
     General, as the case may be.
       ``(ee) A notification submitted under item (aa) shall be 
     deemed to be approved unless the Attorney General, not later 
     than 10 days after receiving the notification, explicitly 
     objects based on a finding that the change in quantity--
       ``(AA) does impact the source of the drug or the conditions 
     under which the drug is stored, tracked, or administered; or
       ``(BB) necessitates that the registrant implement 
     additional security measures to safeguard against diversion 
     or abuse.
       ``(IV) Nothing in this clause shall limit the authority of 
     the Secretary of Health and Human Services over requirements 
     related to research protocols, including changes in--
       ``(aa) the method of administration of marihuana;
       ``(bb) the dosing of marihuana; and
       ``(cc) the number of individuals or patients involved in 
     research.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to carry out the amendment made by this section.

     SEC. 5123. APPLICATIONS TO MANUFACTURE MARIHUANA FOR 
                   RESEARCH.

       (a) In General.--Section 303 of the Controlled Substances 
     Act (21 U.S.C. 823) is amended--
       (1) by redesignating subsections (c) through (k) as 
     subsections (d) through (l), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c)(1)(A) As it relates to applications to manufacture 
     marihuana for research purposes, if the Attorney General 
     places a notice in the Federal Register to increase the 
     number of entities registered under this Act to manufacture 
     marihuana to supply appropriately registered researchers in 
     the United States, the Attorney General shall, not later than 
     60 days after the date on which the Attorney General receives 
     a completed application--
       ``(i) approve the application; or
       ``(ii) request supplemental information.
       ``(B) For purposes of subparagraph (A), an application 
     shall be deemed complete when the applicant has submitted 
     documentation showing each of the following:
       ``(i) The requirements designated in the notice in the 
     Federal Register are satisfied.
       ``(ii) The requirements under this Act are satisfied.
       ``(iii) The applicant will limit the transfer and sale of 
     any marihuana manufactured under this subsection--
       ``(I) to researchers who are registered under this Act to 
     conduct research with controlled substances in schedule I; 
     and
       ``(II) for purposes of use in preclinical research or in a 
     clinical investigation pursuant to an investigational new 
     drug exemption under 505(i) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(i)).
       ``(iv) The applicant will transfer or sell any marihuana 
     manufactured under this subsection only with prior, written 
     consent for the transfer or sale by the Attorney General.
       ``(v) The applicant has completed the application and 
     review process under subsection (a) for the bulk manufacture 
     of controlled substances in schedule I.
       ``(vi) The applicant has established and begun operation of 
     a process for storage and handling of controlled substances 
     in schedule I, including for inventory control and monitoring 
     security in accordance with section 5125 of the Cannabidiol 
     and Marihuana Research Expansion Act.
       ``(vii) The applicant is licensed by each State in which 
     the applicant will conduct operations under this subsection, 
     to manufacture marihuana, if that State requires such a 
     license.
       ``(C) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information requested 
     under subparagraph (A)(ii) with respect to an application, 
     the Attorney General shall approve or deny the application.
       ``(2) If an application described in this subsection is 
     denied, the Attorney General shall provide a written 
     explanation of the basis of denial to the applicant.'';
       (3) in subsection (h)(2), as so redesignated, by striking 
     ``subsection (f)'' each place it appears and inserting 
     ``subsection (g)'';
       (4) in subsection (j)(1), as so redesignated, by striking 
     ``subsection (d)'' and inserting ``subsection (e)''; and
       (5) in subsection (k), as so redesignated, by striking 
     ``subsection (f)'' each place it appears and inserting 
     ``subsection (g)''.
       (b) Technical and Conforming Amendments.--
       (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) 
     is amended--
       (A) in section 102 (21 U.S.C. 802)--
       (i) in paragraph (16)(B)--

       (I) in clause (i), by striking ``or'' at the end;
       (II) by redesignating clause (ii) as (iii); and
       (III) by inserting after clause (i) the following:

       ``(ii) the synthetic equivalent of hemp-derived cannabidiol 
     that contains less than 0.3 percent tetrahydrocannabinol; 
     or'';
       (ii) in paragraph (52)(B)--

       (I) by striking ``303(f)'' each place it appears and 
     inserting ``303(g)''; and
       (II) in clause (i), by striking ``(d), or (e)'' and 
     inserting ``(e), or (f)''; and

       (iii) in paragraph (54), by striking ``303(f)'' each place 
     it appears and inserting ``303(g)'';
       (B) in section 302(g)(5)(A)(iii)(I)(bb) (21 U.S.C. 
     822(g)(5)(A)(iii)(I)(bb)), by striking ``303(f)'' and 
     inserting ``303(g)'';

[[Page S7551]]

       (C) in section 304 (21 U.S.C. 824), by striking 
     ``303(g)(1)'' each place it appears and inserting 
     ``303(h)(1)'';
       (D) in section 307(d)(2) (21 U.S.C. 827(d)(2)), by striking 
     ``303(f)'' and inserting ``303(g)'';
       (E) in section 309A(a)(2) (21 U.S.C. 829a(a)(2)), in the 
     matter preceding subparagraph (A), by striking ``303(g)(2)'' 
     and inserting ``303(h)(2)'';
       (F) in section 311(h) (21 U.S.C. 831(h)), by striking 
     ``303(f)'' each place it appears and inserting ``303(g)'';
       (G) in section 401(h)(2) (21 U.S.C. 841(h)(2)), by striking 
     ``303(f)'' each place it appears and inserting ``303(g)'';
       (H) in section 403(c)(2)(B) (21 U.S.C. 843(c)(2)(B)), by 
     striking ``303(f)'' and inserting ``303(g)''; and
       (I) in section 512(c)(1) (21 U.S.C. 882(c)(1)) by striking 
     ``303(f)'' and inserting ``303(g)''.
       (2) Section 1008(c) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 958(c)) is amended--
       (A) in paragraph (1), by striking ``303(d)'' and inserting 
     ``303(e)''; and
       (B) in paragraph (2)(B), by striking ``303(h)'' and 
     inserting ``303(i)''.
       (3) Title V of the Public Health Service Act (42 U.S.C. 
     290aa et seq.) is amended--
       (A) in section 520E-4(c) (42 U.S.C. 290bb-36d(c)), by 
     striking ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)''; and
       (B) in section 544(a)(3) (42 U.S.C. 290dd-3(a)(3)), by 
     striking ``303(g)'' and inserting ``303(h)''.
       (4) Title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) is amended--
       (A) in section 1833(bb)(3)(B) (42 U.S.C. 1395l(bb)(3)(B)), 
     by striking ``303(g)'' and inserting ``303(h)'';
       (B) in section 1834(o)(3)(C)(ii) (42 U.S.C. 
     1395m(o)(3)(C)(ii)), by striking ``303(g)'' and inserting 
     ``303(h)''; and
       (C) in section 1866F(c)(3)(C) (42 U.S.C. 1395cc-
     6(c)(3)(C)), by striking ``303(g)'' and inserting ``303(h)''.
       (5) Section 1903(aa)(2)(C)(ii) of the Social Security Act 
     (42 U.S.C. 1396b(aa)(2)(C)(ii)) is amended by striking 
     ``303(g)'' each place it appears and inserting ``303(h)''.

     SEC. 5124. ADEQUATE AND UNINTERRUPTED SUPPLY.

       On an annual basis, the Attorney General shall assess 
     whether there is an adequate and uninterrupted supply of 
     marihuana, including of specific strains, for research 
     purposes.

     SEC. 5125. SECURITY REQUIREMENTS.

       (a) In General.--An individual or entity engaged in 
     researching marihuana or its components shall store it in a 
     securely locked, substantially constructed cabinet.
       (b) Requirements for Other Measures.--Any other security 
     measures required by the Attorney General to safeguard 
     against diversion shall be consistent with those required for 
     practitioners conducting research on other controlled 
     substances in schedules I and II in section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) that have a 
     similar risk of diversion and abuse.

     SEC. 5126. PROHIBITION AGAINST REINSTATING INTERDISCIPLINARY 
                   REVIEW PROCESS FOR NON-NIH-FUNDED RESEARCHERS.

       The Secretary of Health and Human Services may not--
       (1) reinstate the Public Health Service interdisciplinary 
     review process described in the guidance entitled ``Guidance 
     on Procedures for the Provision of Marijuana for Medical 
     Research'' (issued on May 21, 1999); or
       (2) require another review of scientific protocols that is 
     applicable only to research on marihuana or its components.

  TITLE LII--DEVELOPMENT OF FDA-APPROVED DRUGS USING CANNABIDIOL AND 
                               MARIHUANA

     SEC. 5141. MEDICAL RESEARCH ON CANNABIDIOL.

       Notwithstanding any provision of the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools 
     and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of 
     title 41, United States Code, or any other Federal law, an 
     appropriately registered covered institution of higher 
     education, a practitioner, or a manufacturer may manufacture, 
     distribute, dispense, or possess marihuana or cannabidiol if 
     the marihuana or cannabidiol is manufactured, distributed, 
     dispensed, or possessed, respectively, for purposes of 
     medical research for drug development or subsequent 
     commercial production in accordance with section 5142.

     SEC. 5142. REGISTRATION FOR THE COMMERCIAL PRODUCTION AND 
                   DISTRIBUTION OF FOOD AND DRUG ADMINISTRATION-
                   APPROVED DRUGS.

       The Attorney General shall register an applicant to 
     manufacture or distribute cannabidiol or marihuana for the 
     purpose of commercial production of a drug containing or 
     derived from marihuana that is approved by the Secretary of 
     Health and Human Services under section 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance 
     with the applicable requirements under subsection (a) or (b) 
     of section 303 of the Controlled Substances Act (21 U.S.C. 
     823).

     SEC. 5143. IMPORTATION OF CANNABIDIOL FOR RESEARCH PURPOSES.

       The Controlled Substances Import and Export Act (21 U.S.C. 
     951 et seq.) is amended--
       (1) in section 1002(a) (21 U.S.C. 952(a))--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2)(C), by inserting ``and'' after 
     ``uses,''; and
       (C) inserting before the undesignated matter following 
     paragraph (2)(C) the following:
       ``(3) such amounts of marihuana or cannabidiol (as defined 
     in section 5102 of the Cannabidiol and Marihuana Research 
     Expansion Act) as are--
       ``(A) approved for medical research for drug development 
     (as such terms are defined in section 5102 of the Cannabidiol 
     and Marihuana Research Expansion Act), or
       ``(B) necessary for registered manufacturers to manufacture 
     drugs containing marihuana or cannabidiol that have been 
     approved for use by the Commissioner of Food and Drugs under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.),''; and
       (2) in section 1007 (21 U.S.C. 957), by amending subsection 
     (a) to read as follows:
       ``(a)(1) Except as provided in paragraph (2), no person 
     may--
       ``(A) import into the customs territory of the United 
     States from any place outside thereof (but within the United 
     States), or import into the United States from any place 
     outside thereof, any controlled substance or list I chemical, 
     or
       ``(B) export from the United States any controlled 
     substance or list I chemical,
     unless there is in effect with respect to such person a 
     registration issued by the Attorney General under section 
     1008, or unless such person is exempt from registration under 
     subsection (b).
       ``(2) Paragraph (1) shall not apply to the import or export 
     of marihuana or cannabidiol (as defined in section 5102 of 
     the Cannabidiol and Marihuana Research Expansion Act) that 
     has been approved for--
       ``(A) medical research for drug development authorized 
     under section 5141 of the Cannabidiol and Marihuana Research 
     Expansion Act; or
       ``(B) use by registered manufacturers to manufacture drugs 
     containing marihuana or cannabidiol that have been approved 
     for use by the Commissioner of Food and Drugs under the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.).''.

                TITLE LIII--DOCTOR-PATIENT RELATIONSHIP

     SEC. 5161. DOCTOR-PATIENT RELATIONSHIP.

       It shall not be a violation of the Controlled Substances 
     Act (21 U.S.C. 801 et seq.) for a State-licensed physician to 
     discuss--
       (1) the currently known potential harms and benefits of 
     marihuana derivatives, including cannabidiol, as a treatment 
     with the legal guardian of the patient of the physician if 
     the patient is a child; or
       (2) the currently known potential harms and benefits of 
     marihuana and marihuana derivatives, including cannabidiol, 
     as a treatment with the patient or the legal guardian of the 
     patient of the physician if the patient is a legal adult.

                      TITLE LIV--FEDERAL RESEARCH

     SEC. 5181. FEDERAL RESEARCH.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in coordination with the Director of the National 
     Institutes of Health and the heads of other relevant Federal 
     agencies, shall submit to the Caucus on International 
     Narcotics Control, the Committee on the Judiciary, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce and the 
     Committee on the Judiciary of the House of Representatives a 
     report on--
       (1) the potential therapeutic effects of cannabidiol or 
     marihuana on serious medical conditions, including 
     intractable epilepsy;
       (2) the potential effects of marihuana, including--
       (A) the effect of increasing delta-9-tetrahydrocannabinol 
     levels on the human body and developing adolescent brains; 
     and
       (B) the effect of various delta-9-tetrahydrocannabinol 
     levels on cognitive abilities, such as those that are 
     required to operate motor vehicles or other heavy equipment; 
     and
       (3) the barriers associated with researching marihuana or 
     cannabidiol in States that have legalized the use of such 
     substances, which shall include--
       (A) recommendations as to how such barriers might be 
     overcome, including whether public-private partnerships or 
     Federal-State research partnerships may or should be 
     implemented to provide researchers with access to additional 
     strains of marihuana and cannabidiol; and
       (B) recommendations as to what safeguards must be in place 
     to verify--
       (i) the levels of tetrahydrocannabinol, cannabidiol, or 
     other cannabinoids contained in products obtained from such 
     States is accurate; and
       (ii) that such products do not contain harmful or toxic 
     components.
       (b) Activities.--To the extent practicable, the Secretary 
     of Health and Human Services, either directly or through 
     awarding grants, contacts, or cooperative agreements, shall 
     expand and coordinate the activities of the National 
     Institutes of Health and other relevant Federal agencies to 
     better determine the effects of cannabidiol and marihuana, as 
     outlined in the report submitted under paragraphs (1) and (2) 
     of subsection (a).
                                 ______
                                 
  SA 4089. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to

[[Page S7552]]

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. 10___. PROHIBITED USES OF ACQUIRED, DONATED, AND 
                   CONSERVATION LAND.

       Section 714(a) of the California Desert Protection Act of 
     1994 (16 U.S.C. 410aaa-81c(a)) is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Conservation land.--The term `conservation land' 
     means--
       ``(A) any land within the Conservation Area that is 
     designated to satisfy the conditions of a Federal habitat 
     conservation plan, general conservation plan, or State 
     natural communities conservation plan;
       ``(B) any national conservation land within the 
     Conservation Area established pursuant to section 
     2002(b)(2)(D) of the Omnibus Public Land Management Act of 
     2009 (16 U.S.C. 7202(b)(2)(D)); and
       ``(C) any area of critical environmental concern within the 
     Conservation Area established pursuant to section 202(c)(3) 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712(c)(3)).''.
                                 ______
                                 
  SA 4090. Mrs. FISCHER (for herself and Ms. Klobuchar) 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. ____. ADVANCING IOT FOR PRECISION AGRICULTURE.

       (a) Short Title.--This section may be cited as the 
     ``Advancing IoT for Precision Agriculture Act of 2021''.
       (b) Purpose.--It is the purpose of this section to promote 
     scientific research and development opportunities for 
     connected technologies that advance precision agriculture 
     capabilities.
       (c) National Science Foundation Directive on Agricultural 
     Sensor Research.--In awarding grants under its sensor systems 
     and networked systems programs, the Director of the National 
     Science Foundation shall include in consideration of 
     portfolio balance research and development on sensor 
     connectivity in environments of intermittent connectivity and 
     intermittent computation--
       (1) to improve the reliable use of advance sensing systems 
     in rural and agricultural areas; and
       (2) that considers--
       (A) direct gateway access for locally stored data;
       (B) attenuation of signal transmission;
       (C) loss of signal transmission; and
       (D) at-scale performance for wireless power.
       (d) Updating Considerations for Precision Agriculture 
     Technology Within the NSF Advanced Technical Education 
     Program.--Section 3 of the Scientific and Advanced-Technology 
     Act of 1992 (42 U.S.C. 1862i) is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) applications that incorporate distance learning tools 
     and approaches.'';
       (2) in subsection (e)(3)--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) applications that incorporate distance learning tools 
     and approaches.''; and
       (3) in subsection (j)(1), by inserting ``agricultural,'' 
     after ``commercial,''.
       (e) GAO Review.--Not later than 18 months after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall provide--
       (1) a technology assessment of precision agriculture 
     technologies, such as the existing use of--
       (A) sensors, scanners, radio-frequency identification, and 
     related technologies that can monitor soil properties, 
     irrigation conditions, and plant physiology;
       (B) sensors, scanners, radio-frequency identification, and 
     related technologies that can monitor livestock activity and 
     health;
       (C) network connectivity and wireless communications that 
     can securely support digital agriculture technologies in 
     rural and remote areas;
       (D) aerial imagery generated by satellites or unmanned 
     aerial vehicles;
       (E) ground-based robotics;
       (F) control systems design and connectivity, such as smart 
     irrigation control systems; and
       (G) data management software and advanced analytics that 
     can assist decision making and improve agricultural outcomes; 
     and
       (2) a review of Federal programs that provide support for 
     precision agriculture research, development, adoption, 
     education, or training, in existence on the date of enactment 
     of this section.
                                 ______
                                 
  SA 4091. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        Strike sections 1031 through 1034 and insert the 
     following:

     SEC. 1031. PROHIBITION ON USE OF FUNDS TO OPERATE THE 
                   DETENTION FACILITY AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER 
                   30, 2023.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act or any other Act may be 
     used to operate the detention facility at United States Naval 
     Station, Guantanamo Bay, Cuba, after September 30, 2023.

     SEC. 1032. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to the United States.--Section 1033 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1953), as most recently 
     amended by section 1041 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283), is repealed.
       (b) Use of Funds to Construct or Modify Facilities in the 
     United States to House Detainees Transferred From United 
     States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
     most recently amended by section 1042 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283), is repealed.
       (c) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to Certain Countries.--Section 1035 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1954), as most recently 
     amended by section 1043 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283), is repealed.

     SEC. 1033. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS 
                   AND NOTIFICATIONS RELATING TO TRANSFER OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND 
                   OTHER FOREIGN ENTITIES.

       (a) Certification.--Section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 969; 10 U.S.C. 801 note) is repealed.
       (b) Notification.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 2012 (Public Law 112-87; 
     125 Stat. 1883; 10 U.S.C. 801 note) is repealed.

     SEC. 1034. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES 
                   CODE.

       (a) In General.--Subchapters I through VI and subchapter 
     VIII of chapter 47A of title 10, United States Code, are 
     repealed.
       (b) Conforming Amendments to Subchapter VII.--Subchapter 
     VII of chapter 47A of such title is amended--
       (1) in section 950d(a)(3), by inserting ``(as in effect on 
     the day before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2022)'' after ``of 
     this title'';
       (2) in section 950f--
       (A) in subsection (b)--
       (i) in paragraph (2), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022)'' after ``of this 
     title''; and
       (ii) in paragraph (6)(B), by striking ``section 949b(b)(4) 
     of this title'' and inserting ``paragraph (7)''; and
       (B) by adding at the end the following new paragraph:
       ``(7) No appellate military judge on the United States 
     Court of Military Commission Review may be reassigned to 
     other duties, except under circumstances as follows:
       ``(A) The appellate military judge voluntarily requests to 
     be reassigned to other duties and the Secretary of Defense, 
     or the designee of the Secretary, in consultation with the 
     Judge Advocate General of the armed force of which the 
     appellate military judge is a member, approves such 
     reassignment.

[[Page S7553]]

       ``(B) The appellate military judge retires or otherwise 
     separates from the armed forces.
       ``(C) The appellate military judge is reassigned to other 
     duties by the Secretary of Defense, or the designee of the 
     Secretary, in consultation with the Judge Advocate General of 
     the armed force of which the appellate military judge is a 
     member, based on military necessity and such reassignment is 
     consistent with service rotation regulations (to the extent 
     such regulations are applicable).
       ``(D) The appellate military judge is withdrawn by the 
     Secretary of Defense, or the designee of the Secretary, in 
     consultation with the Judge Advocate General of the armed 
     force of which the appellate military judge is a member, for 
     good cause consistent with applicable procedures under 
     chapter 47 of this title (the Uniform Code of Military 
     Justice).'';
       (3) in section 950h(c), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2022)'' after ``of this 
     title''; and
       (4) by adding at the end the following new section:

     ``Sec. 950k. Definition

       ``In this subchapter, the term `military commission under 
     this chapter' means a military commission under this chapter 
     as in effect on the day before the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2022.''.
       (c) Clerical Amendment.--The table of subchapters at the 
     beginning of chapter 47A of such title is amended by striking 
     the items relating to subchapters I through VI and subchapter 
     VIII.
                                 ______
                                 
  SA 4092. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1264. REPORT ON ALLEGATIONS OF WAR CRIMES AND TORTURE 
                   COMMITTED IN LIBYA.

       (a) In General.--Not later than 180 days after receiving a 
     credible allegation of the commission of a covered offense, 
     including from a nongovernmental organization that monitors 
     violations of human rights, the Attorney General, in 
     consultation with the Secretary of State, shall submit to the 
     appropriate committees of Congress a report on such 
     allegation, including a description of any challenges to 
     prosecution.
       (b) Termination.--The reporting requirement under 
     subsection (a) shall terminate on the date that is five years 
     after the date of the enactment of this Act.
       (c) Definitions.--In this section:
       (1) Appropriate committee of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary, the Committee on Armed 
     Services, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on the Judiciary, the Committee on Armed 
     Services, and the Committee on Foreign Affairs of the House 
     of Representatives.
       (2) Covered offense.--The term ``covered offense'' means an 
     offense under section 2340A, 2441, or 2442 of title 18, 
     United States Code, committed in Libya.
                                 ______
                                 
  SA 4093. Mr. MARSHALL (for himself, Mr. Lankford, Mr. Scott of 
Florida, Mr. Wicker, Mr. Tuberville, Mr. Cruz, Mr. Johnson, Mr. Cramer, 
and Mr. Kennedy) 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. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN 
                   AGAINST MEMBERS OF THE ARMED FORCES BASED ON 
                   DECLINING COVID-19 VACCINE.

       (a) In General.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1107a the 
     following new section:

     ``Sec. 1107b. Prohibition on certain adverse personnel 
       actions related to COVID-19 vaccine requirement

       ``Notwithstanding any other provision of law, a member of 
     the armed forces subject to discharge on the basis of the 
     member choosing not to receive the COVID-19 vaccine may only 
     receive an honorable discharge.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1107a the following new item:

``1107b. Prohibition on certain adverse personnel actions related to 
              COVID-19 vaccine requirement.''.
       (c) Applicability.--The prohibition under section 1107b of 
     title 10, United States Code, as added by subsection (a), 
     shall apply with respect to any discharge received on or 
     after December 11, 2020.
                                 ______
                                 
  SA 4094. Ms. ROSEN (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 end of subtitle B of title III, insert the 
     following:

     SEC. 318. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK 
                   GREENHOUSE GAS EMISSIONS AT CERTAIN MILITARY 
                   INSTALLATIONS.

       (a) In General.--The Secretary of Defense may conduct a 
     pilot program to be known as the Installations Emissions 
     Tracking Program to evaluate the feasibility and 
     effectiveness of using software and emerging technologies, 
     methodologies, and capabilities to track real-time greenhouse 
     gas emissions from installations of the Department of Defense 
     and assets of such installations (in this section referred to 
     as the ``Program'').
       (b) Goals.--The goals of the Program are--
       (1) to evaluate whether software and emerging technologies, 
     methodologies, and capabilities are able to effectively track 
     greenhouse gas emissions at installations of the Department 
     and assets of such installations in real time; and
       (2) to reduce energy costs and increase efficiencies of 
     such installations and assets.
       (c) Locations.--If the Secretary conducts the Program, the 
     Secretary shall select for participation in the Program four 
     major installations of the Department, as determined by the 
     Secretary, located in different geographical regions of the 
     United States that the Secretary determines--
       (1) are prone to producing higher greenhouse gas emissions 
     than the average installation of the Department;
       (2) are in regions that historically have poor air quality; 
     and
       (3) have historically higher than average utility costs as 
     compared to other installations of the Department.
                                 ______
                                 
  SA 4095. 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 appropriate place, insert the following:

     SEC. __. PROVISION OF ARMED SERVICES VOCATIONAL APTITUDE 
                   BATTERY TEST RESULTS TO LOCAL WORKFORCE 
                   DEVELOPMENT BOARDS.

       (a) In General.--The Secretary of Defense shall, not later 
     than 30 days after receiving the results of an Armed Services 
     Vocational Aptitude Battery test for a student, provide such 
     results to each local workforce development board selected to 
     receive such results by the student.
       (b) Local Workforce Development Board.--In this section, 
     the term ``local workforce development board'' has the 
     meaning given the term ``local board'' in section 3 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
                                 ______
                                 
  SA 4096. 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 subtitle E of title V, add the following:

     SEC. 576. REPORT ON STATUS OF ARMY TUITION ASSISTANCE PROGRAM 
                   ARMY IGNITED PROGRAM.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of the Army shall 
     submit to the congressional defense committees a report on 
     the status of the Army IgnitED program of the Army's Tuition 
     Assistance Program.
       (b) Elements.--The report required under subsection (a) 
     shall describe--

[[Page S7554]]

       (1) the estimated date when the Army IgnitED program will 
     be fully functional;
       (2) the estimated date when service members will be 
     reimbursed for out of pocket expenses caused by processing 
     delays and errors under the Army IgnitED program; and
       (3) the estimated date when institutions of higher 
     education will be fully reimbursed for all costs typically 
     provided through the Tuition Assistance Program but delayed 
     due to processing delays and errors under the Army IgnitED 
     program.
                                 ______
                                 
  SA 4097. Mr. LANKFORD (for himself and Mr. Daines) 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. ___. EXECUTIVE ORDERS 14042 AND 14043.

       The provisions of Executive Order 14042 (86 Fed. Reg. 
     50985; relating to ensuring adequate COVID safety protocols 
     for Federal contractors) and Executive Order 14043 (86 Fed. 
     Reg. 50989; relating to requiring Coronavirus Disease 2019 
     vaccination for Federal employees) are rescinded and shall 
     have no force or effect.
                                 ______
                                 
  SA 4098. Mr. LANKFORD 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. ____. USE OF SCIENTIFIC INFORMATION IN RULEMAKING.

       Section 553 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(f) To the extent that an agency makes a decision based 
     on science when issuing a rule under this section, the agency 
     shall use scientific information, technical procedures, 
     measures, methods, protocols, methodologies, or models, 
     employed in a manner consistent with the best available 
     science, and shall consider as applicable--
       ``(1) the extent to which the scientific information, 
     technical procedures, measures, methods, protocols, 
     methodologies, or models employed to generate the information 
     are reasonable for and consistent with the intended use of 
     the information;
       ``(2) the extent to which the information is relevant for 
     use by the head of the agency in making a decision related to 
     issuing the rule;
       ``(3) the degree of clarity and completeness with which the 
     data, assumptions, methods, quality assurance, and analyses 
     employed to generate the information are documented;
       ``(4) the extent to which the variability and uncertainty 
     in the information, or in the procedures, measures, methods, 
     protocols, methodologies, or models, are evaluated and 
     characterized; and
       ``(5) the extent of independent verification or peer review 
     of the information or of the procedures, measures, methods, 
     protocols, methodologies, or models.
       ``(g) An agency shall make a decision described in 
     subsection (f) based on the weight of the scientific 
     evidence.
       ``(h) Each agency shall make available to the public--
       ``(1) all notices, determinations, findings, rules, consent 
     agreements, and orders of the head of the agency in 
     connection with a rule;
       ``(2) a nontechnical summary of each risk evaluation 
     conducted in connection with a rule; and
       ``(3) a list of the studies considered by the agency in 
     carrying out each risk evaluation described in paragraph (2), 
     along with the results of those studies.''.
                                 ______
                                 
  SA 4099. Mr. LANKFORD 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. ___. BLENDED FEDERAL WORKFORCE.

       (a) In General.--Section 1103(c) of title 5, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``(c)(1)'' and inserting ``(c)(1)(A)''; and
       (B) by adding at the end the following:
       ``(B)(i) The Office of Personnel Management shall collect 
     from Executive agencies, other than elements of the 
     intelligence community (as defined in section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 3003(4))), on at 
     least an annual basis the following:
       ``(I) The total number of persons employed directly by the 
     Executive agency.
       ``(II) The total number of prime contractor employees and 
     subcontractor employees, as those terms are defined in 
     section 8701 of title 41, issued credentials allowing access 
     to Executive agency property or computer systems.
       ``(III) The total number of employees of Federal grant and 
     cooperative agreement recipients, as those legal instruments 
     are described in sections 6304 and 6305 of title 31, 
     respectively, who are issued credentials allowing access to 
     Executive agency property or computer systems.
       ``(IV) A total count of the workforce, including employees, 
     prime contractor employees, subcontractor employees, grantee 
     employees, and cooperative agreement employees.
       ``(ii) The Office of Personnel Management shall compile the 
     data collected under clause (i) and issue, and post on its 
     website, an annual report containing the data.''; and
       (2) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1)(A)''.
       (b) Sense of Congress on Effective and Efficient Management 
     of the Blended Federal Workforce.--
       (1) Definition.--In this subsection, the term ``Executive 
     agency'' has the meaning given the term in section 105 of 
     title 5, United States Code.
       (2) Findings.--Congress finds the following:
       (A) The implementation of Federal laws and the competent 
     administration of Federal programs require skilled and 
     capable personnel.
       (B) Executive agencies depend on a blended workforce that 
     includes Federal employees, employees of prime contractors 
     and subcontractors performing services to Executive agencies, 
     and employees of State or local governments, nonprofit 
     organizations, or institutions of higher education performing 
     services to Executive agencies under the terms of grants and 
     cooperative agreements (in this subsection referred to as 
     ``grantees''), all of whom make essential contributions to 
     achieving the missions of the Government in service to the 
     people of the United States.
       (C) Approximately 2,000,000 Federal employees help to 
     execute the laws of the United States, supplemented by an 
     unknown number, estimated to exceed 5,000,000, of employees 
     of prime contractors, subcontractors, and grantees providing 
     services to Executive agencies.
       (D) Policymakers, Executive agencies, and observers have 
     often focused on individual components of the blended 
     workforce, such as employees, without considering all 
     components or considering the entire blended workforce and 
     how all 3 components can work most effectively together.
       (E) Executive agencies inhibit their own workforce planning 
     and risk making decisions that may reduce the overall 
     efficiency and cost effectiveness of the blended workforce by 
     focusing on only 1 component in isolation.
       (F) Establishing artificial limits on headcounts or full-
     time equivalent positions for Federal employees, 
     administrators, and managerial employees of Executive 
     agencies may discourage the employment of interns or entry-
     level employees to build a balanced employment pipeline and 
     may inadvertently encourage managers to shift work to 
     contractors and grantees for the purpose of complying with 
     such numerical limits, even if those decisions are not 
     justified by an approach to improve the efficiency or cost 
     effectiveness of the Executive agency's work.
       (G) The Government Accountability Office has identified 
     strategic human capital management as a high-risk area for 
     the Federal Government, adding that critical skills gaps 
     ``impede the government from cost-effectively serving the 
     public and achieving results''.
       (3) Sense of congress.--It is the sense of Congress that 
     Executive agencies should--
       (A) manage the entire Federal blended workforce, including 
     employees, contractors, and grantees, using a comprehensive 
     and holistic approach to advance their missions as 
     effectively and cost efficiently as possible, within 
     appropriated budgets and without using artificial numerical 
     limits on headcounts or full-time-equivalent positions; and
       (B) conduct a holistic review of their blended workforce 
     and develop a comprehensive plan to ensure an efficient and 
     cost-effective blended workforce.
                                 ______
                                 
  SA 4100. Mr. LANKFORD (for himself and Mr. Braun) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S7555]]


  

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

     SEC. 1013. RESUMPTION OF BORDER WALL CONSTRUCTION.

       (a) Findings.--Congress finds that--
       (1) more than 1,700,000 migrants were encountered trying to 
     illegally enter the United States during fiscal year 2021, 
     which represents the highest number of illegal border 
     crossings ever recorded by U.S. Customs and Border 
     Protection;
       (2) at least 1,300,000 migrants have illegally crossed the 
     international border between the United States and Mexico 
     since President Biden suspended border wall construction, 
     which represents a 314 percent increase in illegal border 
     crossings compared to fiscal year 2020;
       (3) the actual number of migrants who illegally crossed the 
     international border between the United States and Mexico and 
     bypassed law enforcement during fiscal year 2021 is unknown;
       (4) U.S. Customs and Border Protection set twenty year 
     records for encountering the highest number of illegal border 
     crossers per month in March 2021, April 2021, May 2021, June 
     2021, and July 2021;
       (5) President Biden's efforts to suspend or terminate 
     border wall construction have cost taxpayers between 
     $1,837,000,000 and $2,087,000,000 since January 20, 2021, and 
     such costs are increasing by at least $3,000,000 daily;
       (6) Congress has voted multiple times, on a bipartisan 
     basis, to authorize the construction of a border wall system 
     along the international border between the United States and 
     Mexico; and
       (7) a border wall system is an effective tool for enhancing 
     border security.
       (b) Resumption of Border Wall Construction.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) all contracts entered into by the Secretary of Homeland 
     Security, the Commissioner of U.S. Customs and Border 
     Protection, the Commanding General of the Army Corps of 
     Engineers, the Secretary of Defense, or any other Federal 
     official for the purposes of constructing a barrier along the 
     southwest land border of the United States shall be carried 
     out according to the terms and conditions that were in effect 
     on or before January 19, 2021; and
       (B) all materials acquired by the Department of Homeland 
     Security (including U.S. Customs and Border Protection), the 
     Department of Defense (including the Army Corps of 
     Engineers), or any other Federal agency for the construction 
     of a barrier along the southwest land border of the United 
     States shall remain under the custody of the agency that 
     acquired such materials.
       (2) Execution of contracts.--Any Federal agency that has 
     acquired any materials described in the paragraph (1)(B) 
     shall carry out all contracts involving such materials 
     according to the terms and conditions that were in effect on 
     or before January 19, 2021.
       (3) Renewal of contracts.--The Department of Homeland 
     Security (including U.S. Customs and Border Protection), the 
     Department of Defense (including the Army Corps of 
     Engineers), and any other Federal agency that has terminated 
     contracts pursuant to Presidential Proclamation 10142 (86 
     Fed. Reg. 7225) shall make every effort to renew and re-enter 
     such contracts according to the terms and conditions that 
     were in effect on or before January 19, 2021.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of the Act, the Director of the Office of 
     Management and Budget, the Secretary of Homeland Security, 
     the Commanding General of the Army Corps of Engineers, and 
     the Secretary of Defense shall jointly submit a written 
     report to the Committee on Appropriations of the Senate, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Appropriations of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, and the Committee on Oversight and 
     Reform of the House of Representatives that--
       (1) identifies the contracts for border wall construction 
     that have been terminated;
       (2) calculates all of the costs incurred as a result of 
     such terminations, including the costs for make safe and site 
     security activities;
       (3) identifies all of the materials that were liquidated as 
     excess, including the initial purchase price and the sale 
     price for such materials;
       (4) identifies all of the lands that were liquidated as 
     excess; including the initial purchase price and the sale 
     price for such lands; and
       (5) includes copies of any analysis or legal opinions that 
     were developed to support the implementation of Presidential 
     Proclamation 10142 (86 Fed. Reg. 7225).
       (d) Monthly Certifications.--The Secretary of Homeland 
     Security, the Commanding General of the Army Corps of 
     Engineers, and the Secretary of Defense shall each submit a 
     monthly certification to Congress that their respective 
     departments are in fully compliance with the requirements of 
     this section.
                                 ______
                                 
  SA 4101. Mr. LANKFORD 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. ___. FLEXIBILITY FOR TEMPORARY AND TERM APPOINTMENTS.

       (a) Temporary and Term Appointments.--Subchapter I of 
     chapter 31 of title 5, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 3117. Temporary and term appointments

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(2) Temporary appointment.--The term `temporary 
     appointment' means an appointment in the competitive service 
     for a period of not more than 1 year.
       ``(3) Term appointment.--The term `term appointment' means 
     an appointment in the competitive service for a period of 
     more than 1 year and not more than 5 years.
       ``(b) Appointment.--
       ``(1) In general.--The head of an Executive agency may make 
     a temporary appointment or term appointment to a position in 
     the competitive service when the need for the services of an 
     employee in the position is not permanent.
       ``(2) Extension.--Under conditions prescribed by the 
     Director, the head of an Executive agency may--
       ``(A) extend a temporary appointment made under paragraph 
     (1) in increments of not more than 1 year each, up to a 
     maximum of 3 total years of service; and
       ``(B) extend a term appointment made under paragraph (1) in 
     increments determined appropriate by the head of the 
     Executive agency, up to a maximum of 6 total years of 
     service.
       ``(c) Appointments for Critical Hiring Needs.--
       ``(1) In general.--Under conditions prescribed by the 
     Director, the head of an Executive agency may make a 
     noncompetitive temporary appointment, or a noncompetitive 
     term appointment for a period of not more than 18 months, to 
     a position in the competitive service for which a critical 
     hiring need exists, as determined under section 3304, without 
     regard to the requirements of sections 3327 and 3330.
       ``(2) No extensions.--An appointment made under paragraph 
     (1) may not be extended.
       ``(d) Regulations.--
       ``(1) In general.--Subject to paragraph (2), the Director 
     may prescribe regulations to carry out this section.
       ``(2) Application.--Any regulations prescribed by the 
     Director for the administration of this section shall not 
     apply to the Secretary of Defense in the exercise of the 
     authorities granted under section 1105 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 130 Stat. 2447).
       ``(e) Special Provision Regarding the Department of 
     Defense.--Nothing in this section shall preclude the 
     Secretary of Defense from making temporary and term 
     appointments in the competitive service pursuant to section 
     1105 of the National Defense Authorization Act for Fiscal 
     Year 2017 (Public Law 114-328; 130 Stat. 2447).
       ``(f) Rule of Construction.--Nothing in this section may be 
     construed to affect the authorities granted under section 
     3109.''.
       (b) Conforming Amendment.--The table of sections for 
     subchapter I of chapter 31 of title 5, United States Code, is 
     amended by inserting after the item relating to section 3116 
     the following:

``3117. Temporary and term appointments.''.
                                 ______
                                 
  SA 4102. Mr. LANKFORD 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. ___. REQUIREMENT TO POST A 100 WORD SUMMARY TO 
                   REGULATIONS.GOV.

       Section 553(b) of title 5, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) the Internet address of a summary of not more than 
     100 words in length of the proposed rule, in plain language, 
     that shall be posted on the Internet website under section 
     206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) 
     (commonly known as regulations.gov).''.
                                 ______
                                 
  SA 4103. Mr. LANKFORD submitted an amendment intended to be proposed

[[Page S7556]]

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. CONSCIENCE PROTECTIONS FOR MEMBERS OF ARMED FORCES 
                   WHO PROVIDE OR ASSIST WITH PROVISION OF HEALTH 
                   CARE.

       (a) In General.--The Secretary of Defense shall not take 
     any adverse action against a member of the Armed Forces who 
     provides or assists in the provision of health care for the 
     Department of Defense (including as a behavioral, mental, or 
     physical health professional) on the basis that such member 
     declines to perform, assist, refer for, or otherwise 
     participate in a particular medical procedure, counseling 
     activity, or course of treatment because of a sincere 
     religious belief or moral conviction of such member or 
     because the particular medical procedure, counseling 
     activity, or course of treatment would, in the professional 
     medical judgment of such member, be harmful to the patient.
       (b) No Impact on Care.--The Secretary shall ensure that no 
     patient is unduly delayed in receiving any medically 
     indicated care they are otherwise eligible to receive, 
     including preventative, emergency, and routine care, because 
     of compliance by the Secretary with subsection (a).
       (c) Adverse Action Defined.--In this section, the term 
     ``adverse action'' includes any adverse personnel action, 
     discrimination, or denial of promotion, schooling, training, 
     or assignment.
                                 ______
                                 
  SA 4104. Mr. LANKFORD 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 X, add the following:

     SEC. 1036. BRIEFING REQUIREMENTS RELATING TO TRANSFER OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND 
                   OTHER FOREIGN ENTITIES.

       (a) In General.--Section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 969; 10 U.S.C. 801 note) is amended--
       (1) in the section heading, by striking ``prior 
     requirements for certifications'' and inserting 
     ``requirements for certifications and briefings'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (3) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Briefings.--
       ``(1) In general.--Whenever the Secretary makes a 
     certification under subsection (b) with respect to an 
     individual detained at Guantanamo, the Secretary shall 
     provide to the appropriate committees of Congress a 
     classified briefing on the restrictions of the transfer of 
     the individual--
       ``(A) before the transfer; and
       ``(B) after the transfer has been completed.
       ``(2) Elements.--Each briefing required by paragraph (1) 
     shall address the threat posed by the individual to the 
     national security of the United States.''.
       (b) Conforming Amendment.--Section 1034(c) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1954) is amended by 
     striking ``section 1034(f)(2)'' and inserting ``section 
     1034(g)''.
                                 ______
                                 
  SA 4105. Mr. LANKFORD 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 XII, add the following:

     SEC. 1253. ENSURING RELIABLE SUPPLY OF RARE EARTH MINERALS.

       (a) Findings.--Congress makes the following findings:
       (1) The People's Republic of China is the global leader in 
     mining, refining, and component manufacturing of rare earth 
     elements, producing approximately 85 percent of the world's 
     supply between 2011 and 2017.
       (2) In 2019, the United States imported an estimated 80 
     percent of its rare earth compounds from the People's 
     Republic of China.
       (3) On March 26, 2014, the World Trade Organization ruled 
     that the People's Republic of China's export restraints on 
     rare earth minerals violated its obligations under its 
     protocol of accession to the World Trade Organization, 
     thereby harming United States manufacturers and workers.
       (4) The Chinese Communist Party has threatened to leverage 
     the People's Republic of China's dominant position in the 
     rare earth market to ``strike back'' at the United States.
       (5) The Quadrilateral Security Dialogue is an effective 
     partnership for reliable multilateral financing, development, 
     and distribution of goods for global consumption, as 
     evidenced by the Quad Vaccine Partnership announced on March 
     12, 2021.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the People's Republic of China's dominant share of the 
     global rare earth mining market is a threat to the economic 
     stability, well being, and competitiveness of key industries 
     in the United States;
       (2) the United States should reduce reliance on the 
     People's Republic of China for rare earth minerals through--
       (A) strategic investments in development projects, 
     production technologies, and refining facilities in the 
     United States; or
       (B) in partnership with strategic allies of the United 
     States that are reliable trading partners, including members 
     of the Quadrilateral Security Dialogue; and
       (3) the United States Trade Representative should initiate 
     multilateral talks among the countries of the Quadrilateral 
     Security Dialogue to promote shared investment and 
     development of rare earth minerals.
       (c) Report Required.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the United States Trade 
     Representative, in consultation with the officials specified 
     in paragraph (3), shall submit to the appropriate 
     congressional committees a report on the work of the Trade 
     Representative to address the national security threat posed 
     by the People's Republic of China's control of nearly \2/3\ 
     of the global supply of rare earth minerals.
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) a description of the extent of the engagement of the 
     United States with the other countries of the Quadrilateral 
     Security Dialogue to promote shared investment and 
     development of rare earth minerals during the period 
     beginning on the date of the enactment of this Act and ending 
     on the date of the report; and
       (B) a description of the plans of the President to leverage 
     the partnership of the countries of the Quadrilateral 
     Security Dialogue to produce a more reliable and secure 
     global supply chain of rare earth minerals.
       (3) Officials specified.--The official specified in this 
     paragraph are the following:
       (A) The Secretary of State.
       (B) the Secretary of Commerce.
       (C) The Chief Executive Officer of the United States 
     International Development Finance Corporation.
       (4) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Finance, the Committee on Foreign 
     Relations, and the Committee on Energy and Natural Resources 
     of the Senate; and
       (B) the Committee on Ways and Means, the Committee on 
     Foreign Affairs, and the Committee on Energy and Commerce of 
     the House of Representatives.
                                 ______
                                 
  SA 4106. Mr. LANKFORD 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 XII, add the following:

     SEC. 1253. SENSE OF CONGRESS ON INCREASING PORT AND AIRFIELD 
                   CAPACITY OF COUNTRIES IN INDO-PACIFIC REGION.

       It is the sense of Congress that, as the People's Republic 
     of China continues to grow in influence through 
     infrastructure (specifically infrastructure that can easily 
     be shifted from economic to military uses), the United States 
     International Development Finance Corporation should 
     prioritize providing alternative financing opportunities that 
     increase port and air field capacity of countries throughout 
     the Indo-Pacific region that--
       (1) are targets of the predatory infrastructure development 
     scheme of the People's Republic of China; and
       (2) are eligible for support provided by the Corporation 
     under title II of the Better Utilization of Investments 
     Leading to Development Act of 2018 (22 U.S.C. 9621 et seq.).
                                 ______
                                 
  SA 4107. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed

[[Page S7557]]

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. LIMITATION ON MEDICAL RESEARCH TO ADDRESS 
                   CONDITIONS RELATED TO SERVICE IN THE ARMED 
                   FORCES.

       Section 2358(c) of title 10, United States Code, is 
     amended--
       (1) by striking the period at the end and inserting ``; 
     or'';
       (2) by striking ``to finance any research'' and inserting 
     ``to finance--
       ``(1) any research''; and
       (3) by adding at the end the following new paragraph:
       ``(2) any medical research project unless the project 
     directly addresses treatment of diseases, injuries, or 
     illnesses related to service in the Armed Forces.''.
                                 ______
                                 
  SA 4108. Mr. LANKFORD 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:

     SECTION ___. EXPEDITED HIRING AUTHORITY.

       (a) Expedited Hiring Authority for College Graduates.--
     Section 3115(e)(1) of title 5, United States Code, is amended 
     by striking ``15 percent'' and inserting ``25 percent''.
       (b) Expedited Hiring Authority for Post-secondary 
     Students.--Section 3116(d)(1) of title 5, United States Code, 
     is amended by striking ``15 percent'' and inserting ``25 
     percent''.
                                 ______
                                 
  SA 4109. Mr. LANKFORD 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. ___. CRITERIA FOR GRANTING DIRECT-HIRE AUTHORITY TO 
                   AGENCIES.

       Section 3304(a)(3)(B) of title 5, United States Code, is 
     amended by striking ``shortage of candidates'' and all that 
     follows through ``highly qualified candidates)'' and 
     inserting ``shortage of highly qualified candidates''.
                                 ______
                                 
  SA 4110. Mr. LANKFORD 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. ___. NONCOMPETITIVE ELIGIBILITY FOR HIGH-PERFORMING 
                   CIVILIAN EMPLOYEES.

       (a) Definitions.--In this section--
       (1) the term ``competitive service'' has the meaning given 
     the term in section 2102 of title 5, United States Code; and
       (2) the term ``Executive agency'' has the meaning given the 
     term in section 105 of title 5, United States Code.
       (b) Regulations.--Under such regulations as the Director of 
     the Office of Personnel Management shall issue, an Executive 
     agency may noncompetitively appoint, for other than temporary 
     employment, to a position in the competitive service any 
     individual who--
       (1) is certified by the Director as having been a high-
     performing employee in a former position in the competitive 
     service;
       (2) has been separated from the former position described 
     in paragraph (1) for less than 6 years; and
       (3) is qualified for the new position in the competitive 
     service, as determined by the head of the Executive agency 
     making the noncompetitive appointment.
       (c) Limitation on Authority.--An individual may not be 
     appointed to a position under subsection (b) more than once.
       (d) Designation of High-performing Employees.--The Director 
     of the Office of Personnel Management shall, in the 
     regulations issued under subsection (b), set forth the 
     criteria for certifying an individual as a ``high-performing 
     employee'' in a former position, which shall be based on--
       (1) the final performance appraisal of the individual in 
     that former position; and
       (2) a recommendation by the immediate or other supervisor 
     of the individual in that former position.
                                 ______
                                 
  SA 4111. Mr. LANKFORD 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 X, add the following:

     SEC. 1036. REVIEW AND APPROVAL BY SECRETARY OF DEFENSE OF 
                   TRANSFER OF DETAINEES FROM UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) Review and Approval.--The Secretary of Defense shall 
     review and approve any transfer of an individual detained at 
     Guantanamo from United States Naval Station, Guantanamo Bay, 
     Cuba.
       (b) Transfer Agreements.--The Secretary shall sign any 
     agreement relating to the transfer of an individual detained 
     at Guantanamo from United States Naval Station, Guantanamo 
     Bay.
       (c) Nondelegation.--The Secretary may not delegate any 
     responsibility under subsection (a) or (b).
       (d) Report Required.--
       (1) In general.--During the five-year period beginning on 
     the date on which an individual detained at Guantanamo is 
     transferred from United States Naval Station, Guantanamo Bay, 
     the Secretary shall annually submit to Congress a report on 
     the whereabouts and activities of the individual.
       (2) Form.--Each report required by paragraph (1) shall be 
     submitted in classified form.
       (e) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the control of the Department 
     of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay.
                                 ______
                                 
  SA 4112. Mr. KING (for himself, Mr. Rounds, Mr. Sasse, Ms. Rosen, and 
Ms. Hassan) 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, add the following:

          DIVISION E--DEFENSE OF UNITED STATES INFRASTRUCTURE

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Defense of United 
     States Infrastructure Act of 2021''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Critical Infrastructure Protection Act of 2001 
     (42 U.S.C. 5195c(e)).
       (2) Cybersecurity risk.--The term ``cybersecurity risk'' 
     has the meaning given such term in section 2209 of the 
     Homeland Security Act of 2002 (6 U.S.C. 659).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

   TITLE LI--INVESTING IN CYBER RESILIENCY IN CRITICAL INFRASTRUCTURE

     SEC. 5101. NATIONAL RISK MANAGEMENT CYCLE.

       (a) Amendments.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
       (1) in section 2202(c) (6 U.S.C. 652(c))--
       (A) in paragraph (11), by striking ``and'' at the end;
       (B) in the first paragraph designated as paragraph (12), 
     relating to the Cybersecurity State Coordinator--
       (i) by striking ``section 2215'' and inserting ``section 
     2217''; and
       (ii) by striking ``and'' at the end; and
       (C) by redesignating the second and third paragraphs 
     designated as paragraph (12) as paragraphs (13) and (14), 
     respectively;
       (2) by redesignating section 2217 (6 U.S.C. 665f) as 
     section 2220;
       (3) by redesignating section 2216 (6 U.S.C. 665e) as 
     section 2219;

[[Page S7558]]

       (4) by redesignating the fourth section 2215 (relating to 
     Sector Risk Management Agencies) (6 U.S.C. 665d) as section 
     2218;
       (5) by redesignating the third section 2215 (relating to 
     the Cybersecurity State Coordinator) (6 U.S.C. 665c) as 
     section 2217;
       (6) by redesignating the second section 2215 (relating to 
     the Joint Cyber Planning Office) (6 U.S.C. 665b) as section 
     2216; and
       (7) by adding at the end the following:

     ``SEC. 2220A. NATIONAL RISK MANAGEMENT CYCLE.

       ``(a) National Critical Functions Defined.--In this 
     section, the term `national critical functions' means the 
     functions of government and the private sector so vital to 
     the United States that their disruption, corruption, or 
     dysfunction would have a debilitating effect on security, 
     national economic security, national public health or safety, 
     or any combination thereof.
       ``(b) National Risk Management Cycle.--
       ``(1) Risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a recurring process by which to 
     identify, assess, and prioritize risks to critical 
     infrastructure, considering both cyber and physical threats, 
     the associated likelihoods, vulnerabilities, and 
     consequences, and the resources necessary to address them.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall consult with, and 
     request and collect information to support analysis from, 
     Sector Risk Management Agencies, critical infrastructure 
     owners and operators, the Assistant to the President for 
     National Security Affairs, the Assistant to the President for 
     Homeland Security, and the National Cyber Director.
       ``(C) Publication.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall publish in 
     the Federal Register procedures for the process established 
     under subparagraph (A), subject to any redactions the 
     Secretary determines are necessary to protect classified or 
     other sensitive information.
       ``(D) Report.--The Secretary shall submit to the President, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Homeland Security of the 
     House of Representatives a report on the risks identified by 
     the process established under subparagraph (A)--
       ``(i) not later than 1 year after the date of enactment of 
     this section; and
       ``(ii) not later than 1 year after the date on which the 
     Secretary submits a periodic evaluation described in section 
     9002(b)(2) of title XC of division H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).
       ``(2) National critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers each report required under 
     paragraph (1), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--Each strategy delivered under subparagraph 
     (A) shall--
       ``(i) identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise or disrupt 
     national critical functions impacting national security, 
     economic security, or public health and safety;
       ``(ii) assess the implementation of the previous national 
     critical infrastructure resilience strategy, as applicable;
       ``(iii) identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified;
       ``(iv) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each; and
       ``(v) request any additional authorities necessary to 
     successfully execute the strategy.
       ``(C) Form.--Each strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers a strategy under 
     this section, and every year thereafter, the Secretary, in 
     coordination with Sector Risk Management Agencies, shall 
     brief the appropriate committees of Congress on--
       ``(A) the national risk management cycle activities 
     undertaken pursuant to the strategy; and
       ``(B) the amounts and timeline for funding that the 
     Secretary has determined would be necessary to address risks 
     and successfully execute the full range of activities 
     proposed by the strategy.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 2214 and all that follows through the item 
     relating to section 2217 and inserting the following:

``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity education and training programs.
``Sec. 2220A. National risk management cycle.''.
       (2) Additional technical amendment.--
       (A) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).

TITLE LII--IMPROVING THE ABILITY OF THE FEDERAL GOVERNMENT TO ASSIST IN 
           ENHANCING CRITICAL INFRASTRUCTURE CYBER RESILIENCE

     SEC. 5201. INSTITUTE A 5-YEAR TERM FOR THE DIRECTOR OF THE 
                   CYBERSECURITY AND INFRASTRUCTURE SECURITY 
                   AGENCY.

       (a) In General.--Subsection (b)(1) of section 2202 of the 
     Homeland Security Act of 2002 (6 U.S.C. 652), is amended by 
     inserting ``The term of office of an individual serving as 
     Director shall be 5 years.'' after ``who shall report to the 
     Secretary.''.
       (b) Transition Rules.--The amendment made by subsection (a) 
     shall take effect on the first appointment of an individual 
     to the position of Director of the Cybersecurity and 
     Infrastructure Security Agency, by and with the advice and 
     consent of the Senate, that is made on or after the date of 
     enactment of this Act.

     SEC. 5202. PILOT PROGRAM ON CYBER THREAT INFORMATION 
                   COLLABORATION ENVIRONMENT.

       (a) Definitions.--In this section:
       (1) Critical infrastructure information.--The term 
     ``critical infrastructure information'' has the meaning given 
     such term in section 2222 of the Homeland Security Act of 
     2002 (6 U.S.C. 671).
       (2) Cyber threat indicator.--The term ``cyber threat 
     indicator'' has the meaning given such term in section 102 of 
     the Cybersecurity Act of 2015 (6 U.S.C. 1501).
       (3) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given such term in section 102 of 
     the Cybersecurity Act of 2015 (6 U.S.C. 1501).
       (4) Environment.--The term ``environment'' means the 
     information collaboration environment established under 
     subsection (b).
       (5) Information sharing and analysis organization.--The 
     term ``information sharing and analysis organization'' has 
     the meaning given such term in section 2222 of the Homeland 
     Security Act of 2002 (6 U.S.C. 671).
       (6) Non-federal entity.--The term ``non-Federal entity'' 
     has the meaning given such term in section 102 of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1501).
       (b) Pilot Program.--The Secretary, in consultation with the 
     Secretary of Defense, the Director of National Intelligence, 
     the Director of the National Security Agency, and the 
     Attorney General shall carry out a pilot program under which 
     the Secretary shall develop an information collaboration 
     environment and associated analytic tools that enable Federal 
     and non-Federal entities to identify, mitigate, and prevent 
     malicious cyber activity to--
       (1) provide limited access to appropriate and operationally 
     relevant data from unclassified and classified intelligence 
     about cybersecurity risks and cybersecurity threats, as well 
     as malware forensics and data from network sensor programs, 
     on a platform that enables query and analysis;
       (2) enable cross-correlation of data on cybersecurity risks 
     and cybersecurity threats at the speed and scale necessary 
     for rapid detection and identification;
       (3) facilitate a comprehensive understanding of 
     cybersecurity risks and cybersecurity threats; and
       (4) facilitate collaborative analysis between the Federal 
     Government and public and private sector critical 
     infrastructure entities and information and analysis 
     organizations.
       (c) Implementation of Information Collaboration 
     Environment.--
       (1) Evaluation.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, and in coordination with the Secretary of Defense, 
     the Director of National Intelligence, the Director of the 
     National Security Agency, and the Attorney General, shall--
       (A) identify, inventory, and evaluate existing Federal 
     sources of classified and unclassified information on 
     cybersecurity threats;
       (B) evaluate current programs, applications, or platforms 
     intended to detect, identify, analyze, and monitor 
     cybersecurity risks and cybersecurity threats;
       (C) consult with public and private sector critical 
     infrastructure entities to identify public and private 
     critical infrastructure cyber threat capabilities, needs, and 
     gaps; and
       (D) identify existing tools, capabilities, and systems that 
     may be adapted to achieve the purposes of the environment in 
     order to

[[Page S7559]]

     maximize return on investment and minimize cost.
       (2) Implementation.--
       (A) In general.--Not later than 1 year after completing the 
     evaluation required under paragraph (1)(B), the Secretary, 
     acting through the Director of the Cybersecurity and 
     Infrastructure Security Agency, and in consultation with the 
     Secretary of Defense, the Director of National Intelligence, 
     the Director of the National Security Agency, and the 
     Attorney General, shall begin implementation of the 
     environment to enable participants in the environment to 
     develop and run analytic tools referred to in subsection (b) 
     on specified data sets for the purpose of identifying, 
     mitigating, and preventing malicious cyber activity that is a 
     threat to public and private critical infrastructure.
       (B) Requirements.--The environment and the use of analytic 
     tools referred to in subsection (b) shall--
       (i) operate in a manner consistent with relevant privacy, 
     civil rights, and civil liberties policies and protections, 
     including such policies and protections established pursuant 
     to section 1016 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485);
       (ii) account for appropriate data standards and 
     interoperability requirements, consistent with the standards 
     set forth in subsection (d);
       (iii) enable integration of current applications, 
     platforms, data, and information, including classified 
     information, in a manner that supports integration of 
     unclassified and classified information on cybersecurity 
     risks and cybersecurity threats;
       (iv) incorporate tools to manage access to classified and 
     unclassified data, as appropriate;
       (v) ensure accessibility by entities the Secretary, in 
     consultation with the Secretary of Defense, the Director of 
     National Intelligence, the Director of the National Security 
     Agency, and the Attorney General, determines appropriate;
       (vi) allow for access by critical infrastructure 
     stakeholders and other private sector partners, at the 
     discretion of the Secretary, in consultation with the 
     Secretary of Defense;
       (vii) deploy analytic tools across classification levels to 
     leverage all relevant data sets, as appropriate;
       (viii) identify tools and analytical software that can be 
     applied and shared to manipulate, transform, and display data 
     and other identified needs; and
       (ix) anticipate the integration of new technologies and 
     data streams, including data from government-sponsored 
     network sensors or network-monitoring programs deployed in 
     support of non-Federal entities.
       (3) Annual report requirement on the implementation, 
     execution, and effectiveness of the pilot program.--Not later 
     than 1 year after the date of enactment of this Act, and 
     every year thereafter until the date that is 1 year after the 
     pilot program under this section terminates under subsection 
     (e), the Secretary shall submit to the Committee on Homeland 
     Security and Governmental Affairs, the Committee on the 
     Judiciary, and the Select Committee on Intelligence of the 
     Senate and the Committee on Homeland Security, the Committee 
     on the Judiciary, and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report that 
     details--
       (A) Federal Government participation in the environment, 
     including the Federal entities participating in the 
     environment and the volume of information shared by Federal 
     entities into the environment;
       (B) non-Federal entities' participation in the environment, 
     including the non-Federal entities participating in the 
     environment and the volume of information shared by non-
     Federal entities into the environment;
       (C) the impact of the environment on positive security 
     outcomes in the Federal Government and non-Federal entities;
       (D) barriers identified to fully realizing the benefit of 
     the environment both for the Federal Government and non-
     Federal entities; and
       (E) additional authorities or resources necessary to 
     successfully execute the environment.
       (d) Cyber Threat Data Standards and Interoperability.--
       (1) Establishment.--The Secretary, in coordination with the 
     Secretary of Defense, the Director of National Intelligence, 
     the Director of the National Security Agency, and the 
     Attorney General, shall establish data standards and 
     requirements for non-Federal entities to participate in the 
     environment.
       (2) Data streams.--The Secretary shall identify, designate, 
     and periodically update programs that shall participate in or 
     be interoperable with the environment, which may include--
       (A) network-monitoring and intrusion detection programs;
       (B) cyber threat indicator sharing programs;
       (C) certain government-sponsored network sensors or 
     network-monitoring programs;
       (D) incident response and cybersecurity technical 
     assistance programs; or
       (E) malware forensics and reverse-engineering programs.
       (3) Data governance.--The Secretary, in consultation with 
     the Secretary of Defense, the Director of National 
     Intelligence, the Director of the National Security Agency, 
     and the Attorney General shall establish procedures and data 
     governance structures, as necessary, to protect sensitive 
     data, comply with Federal regulations and statutes, and 
     respect existing consent agreements with public and private 
     sector critical infrastructure entities that apply to 
     critical infrastructure information.
       (4) Rule of construction.--Nothing in this subsection shall 
     change existing ownership or protection of, or policies and 
     processes for access to, agency data.
       (e) Duration.--The pilot program under this section shall 
     terminate on the date that is 5 years after the date of 
     enactment of this Act.

     TITLE LIII--IMPROVING SECURITY IN THE NATIONAL CYBER ECOSYSTEM

     SEC. 5301. REPORT ON CYBERSECURITY CERTIFICATIONS AND 
                   LABELING.

       Not later than October 1, 2022, the National Cyber 
     Director, in consultation with the Director of the National 
     Institute of Standards and Technology and the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report that--
       (1) identifies and assesses existing efforts by the Federal 
     Government to create, administer, or otherwise support the 
     use of certifications or labels to communicate the security 
     or security characteristics of information technology or 
     operational technology products and services; and
       (2) assesses the viability of and need for a new program at 
     the Department to harmonize information technology and 
     operational technology product and service security 
     certification and labeling efforts across the Federal 
     Government and between the Federal Government and the private 
     sector.

     SEC. 5302. SECURE FOUNDATIONAL INTERNET PROTOCOLS.

       (a) Definitions.--In this section:
       (1) Border gateway protocol.--The term ``border gateway 
     protocol'' means a protocol designed to optimize routing of 
     information exchanged through the internet.
       (2) Domain name system.--The term ``domain name system'' 
     means a system that stores information associated with domain 
     names in a distributed database on networks.
       (3) Information and communications technology 
     infrastructure providers.--The term ``information and 
     communications technology infrastructure providers'' means 
     all systems that enable connectivity and operability of 
     internet service, backbone, cloud, web hosting, content 
     delivery, domain name system, and software-defined networks 
     and other systems and services.
       (b) Creation of a Strategy to Encourage Implementation of 
     Measures to Secure Foundational Internet Protocols.--
       (1) Protocol security strategy.--In order to encourage 
     implementation of measures to secure foundational internet 
     protocols by information and communications technology 
     infrastructure providers, not later than 180 days after the 
     date of enactment of this Act, the Assistant Secretary for 
     Communications and Information of the Department of Commerce, 
     in coordination with the Director of the National Institute 
     Standards and Technology and the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     establish a working group composed of appropriate 
     stakeholders, including representatives of the Internet 
     Engineering Task Force and information and communications 
     technology infrastructure providers, to prepare and submit to 
     Congress a strategy to encourage implementation of measures 
     to secure the border gateway protocol and the domain name 
     system.
       (2) Strategy requirements.--The strategy required under 
     paragraph (1) shall--
       (A) articulate the motivation and goal of the strategy to 
     reduce incidents of border gateway protocol hijacking and 
     domain name system hijacking;
       (B) articulate the security and privacy benefits of 
     implementing the most up-to-date and secure instances of the 
     border gateway protocol and the domain name system and the 
     burdens of implementation and the entities on whom those 
     burdens will most likely fall;
       (C) identify key United States and international 
     stakeholders;
       (D) outline varying measures that could be used to 
     implement security or provide authentication for the border 
     gateway protocol and the domain name system;
       (E) identify any barriers to implementing security for the 
     border gateway protocol and the domain name system at scale;
       (F) propose a strategy to implement identified security 
     measures at scale, accounting for barriers to implementation 
     and balancing benefits and burdens, where feasible; and
       (G) provide an initial estimate of the total cost to the 
     Government and implementing entities in the private sector of 
     implementing security for the border gateway protocol and the 
     domain name system and propose recommendations for defraying 
     these costs, if applicable.

            TITLE LIV--ENABLING THE NATIONAL CYBER DIRECTOR

     SEC. 5401. ESTABLISHMENT OF HIRING AUTHORITIES FOR THE OFFICE 
                   OF THE NATIONAL CYBER DIRECTOR.

       (a) Definitions.--In this section--
       (1) the term ``Director'' means the National Cyber 
     Director;
       (2) the term ``excepted service'' has the meaning given 
     such term in section 2103 of title 5, United States Code;

[[Page S7560]]

       (3) the term ``Office'' means the Office of the National 
     Cyber Director;
       (4) the term ``qualified position'' means a position 
     identified by the Director under subsection (b)(1)(A), in 
     which the individual occupying such position performs, 
     manages, or supervises functions that execute the 
     responsibilities of the Office.
       (b) Hiring Plan.--The Director shall, for purposes of 
     carrying out the functions of the Office--
       (1) craft an implementation plan for positions in the 
     excepted service in the Office, which shall propose--
       (A) qualified positions in the Office, as the Director 
     determines necessary to carry out the responsibilities of the 
     Office; and
       (B) subject to the requirements of paragraph (2), rates of 
     compensation for an individual serving in a qualified 
     position;
       (2) propose rates of basic pay for qualified positions, 
     which shall--
       (A) be determined in relation to the rates of pay provided 
     for employees in comparable positions in the Office, in which 
     the employee occupying the comparable position performs, 
     manages, or supervises functions that execute the mission of 
     the Office; and
       (B) subject to the same limitations on maximum rates of pay 
     and consistent with section 5341 of title 5, United States 
     Code, adopt such provisions of that title to provide for 
     prevailing rate systems of basic pay and apply those 
     provisions to qualified positions for employees in or under 
     which the Office may employ individuals described by section 
     5342(a)(2)(A) of such title; and
       (3) craft proposals to provide--
       (A) employees in qualified positions compensation (in 
     addition to basic pay), including benefits, incentives, and 
     allowances, consistent with, and not in excess of the level 
     authorized for, comparable positions authorized by title 5, 
     United States Code; and
       (B) employees in a qualified position for which the 
     Director proposes a rate of basic pay under paragraph (2) an 
     allowance under section 5941 of title 5, United States Code, 
     on the same basis and to the same extent as if the employee 
     was an employee covered by such section, including 
     eligibility conditions, allowance rates, and all other terms 
     and conditions in law or regulation.
                                 ______
                                 
  SA 4113. Mr. MANCHIN (for himself, Mr. Lujan, and Mrs. Capito) 
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. __. AMOUNTS FOR NEXT GENERATION RADAR AND RADIO 
                   ASTRONOMY IMPROVEMENTS AND RELATED ACTIVITIES.

       (a) In General.--There are authorized to be appropriated to 
     the National Science Foundation, $176,000,000 for the period 
     of fiscal years 2022 through 2024 for the design, 
     development, prototyping, or mid-scale upgrades of next 
     generation radar and radio astronomy improvements and related 
     activities under section 14 of the National Science 
     Foundation Authorization Act of 2002 (42 U.S.C. 1862n-4).
       (b) Approval.--Nothing in this section shall amend the 
     Director of the National Science Foundation's authority to 
     review and issue awards.
                                 ______
                                 
  SA 4114. 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 appropriate place, insert the following:

     SEC. _____. EXPANSION OF APPALACHIAN DEVELOPMENT HIGHWAY 
                   SYSTEM.

       Section 14501 of title 40, United States Code, is amended--
       (1) in subsection (a), in the second sentence, by striking 
     ``three thousand and ninety miles'' and inserting ``the total 
     number of miles established by the Secretary under subsection 
     (h)''; and
       (2) by adding at the end the following:
       ``(h) Expansion of the Appalachian Development Highway 
     System.--As soon as practicable after the date of enactment 
     of this subsection, the Secretary shall establish the total 
     number of miles that is authorized to be constructed for the 
     Appalachian development highway system under subsection (a) 
     based on--
       ``(1) a report prepared by the Secretary before the date of 
     enactment of this subsection in which the Secretary describes 
     the total number of miles that should be authorized to be 
     constructed for the Appalachian development highway system 
     under subsection (a); or
       ``(2) if the Secretary determines that there is not an 
     existing report that addresses the matters described in 
     paragraph (1), a report prepared by the Secretary, in 
     consultation with the Appalachian Regional Commission and 
     applicable State departments of transportation, as soon as 
     practicable after the date of enactment of this subsection, 
     that describes the total number of miles that should be 
     authorized to be constructed for the Appalachian development 
     highway system under subsection (a).''.
                                 ______
                                 
  SA 4115. 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 appropriate place, insert the following:

     SEC. ____. OPIOID SUBSTANCE ABUSE REDUCTION.

       (a) Stewardship Fee on Opioid Pain Relievers.--
       (1) In general.--Chapter 32 of the Internal Revenue Code of 
     1986 is amended by inserting after subchapter D the following 
     new subchapter:

             ``Subchapter E--Certain Opioid Pain Relievers

``Sec. 4191. Opioid pain relievers.

     ``SEC. 4191. OPIOID PAIN RELIEVERS.

       ``(a) In General.--There is hereby imposed on the sale of 
     any active opioid by the manufacturer, producer, or importer 
     a fee equal to 1 cent per milligram so sold.
       ``(b) Active Opioid.--For purposes of this section--
       ``(1) In general.--The term `active opioid' means any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act, as in effect on the date of the 
     enactment of this section) which is opium, an opiate, or any 
     derivative thereof.
       ``(2) Exclusion for certain prescription medications.--Such 
     term shall not include any prescribed drug which is used 
     exclusively for the treatment of opioid addiction as part of 
     a medically assisted treatment effort.
       ``(3) Exclusion of other ingredients.--In the case of a 
     product that includes an active opioid and another 
     ingredient, subsection (a) shall apply only to the portion of 
     such product that is an active opioid.
       ``(c) Rebate or Discount Program for Certain Cancer and 
     Hospice Patients.--
       ``(1) In general.--The Secretary of Health and Human 
     Services, in consultation with patient advocacy groups and 
     other relevant stakeholders as determined by such Secretary, 
     shall establish a mechanism by which--
       ``(A) any amount paid by an eligible patient in connection 
     with the stewardship fee under subsection (a) shall be 
     rebated to such patient in as timely a manner as possible, or
       ``(B) amounts paid by an eligible patient for active 
     opioids are discounted at time of payment or purchase to 
     ensure that such patient does not pay any amount attributable 
     to such fee,

     with as little burden on the patient as possible. The 
     Secretary of Health and Human Services shall choose whichever 
     of the options described in subparagraph (A) or (B) is, in 
     such Secretary's determination, most effective and efficient 
     in ensuring eligible patients face no economic burden from 
     such fee.
       ``(2) Eligible patient.--For purposes of this subsection, 
     the term `eligible patient' means--
       ``(A) a patient for whom any active opioid is prescribed to 
     treat pain relating to cancer or cancer treatment,
       ``(B) a patient participating in hospice care,
       ``(C) a patient with respect to whom the prescriber of the 
     applicable opioid determines that other non-opioid pain 
     management treatments are inadequate or inappropriate, and
       ``(D) in the case of the death or incapacity of a patient 
     described in subparagraph (A), (B), or (C), or any similar 
     situation as determined by the Secretary of Health and Human 
     Services, the appropriate family member, medical proxy, or 
     similar representative or the estate of such patient.''.
       (2) Clerical amendment.--The table of subchapters for 
     chapter 32 of the Internal Revenue Code of 1986 is amended by 
     inserting after the item relating to subchapter D the 
     following new item:

            ``subchapter e. certain opioid pain relievers''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to sales on or after the later of--
       (A) the date which is 1 year after the date of the 
     enactment of this Act; or
       (B) the date on which the Secretary of Health and Human 
     Services establishes the mechanism described in subsection 
     (c)(1) of section 4191 of the Internal Revenue Code of 1986, 
     as added by this section.
       (b) Block Grants for Prevention and Treatment of Substance 
     Abuse.--
       (1) Grants to states.--Section 1921(b) of the Public Health 
     Service Act (42 U.S.C.

[[Page S7561]]

     300x-21(b)) is amended by inserting ``, and, as applicable, 
     for carrying out section 1923A'' before the period.
       (2) Nonapplicability of prevention program provision.--
     Section 1922(a)(1) of the Public Health Service Act (42 
     U.S.C. 300x-22(a)(1)) is amended by inserting ``except with 
     respect to amounts made available as described in section 
     1923A,'' before ``will expend''.
       (3) Opioid treatment programs.--Subpart II of part B of 
     title XIX of the Public Health Service Act (42 U.S.C. 300x-21 
     et seq.) is amended by inserting after section 1923 the 
     following:

     ``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS.

       ``A funding agreement for a grant under section 1921 is 
     that the State involved shall provide that any amounts made 
     available by any increase in revenues to the Treasury in the 
     previous fiscal year resulting from the enactment of section 
     4191 of the Internal Revenue Code of 1986 (determined by 
     taking into account any outlays for amounts rebated or 
     discounted under subsection (c)(1) thereof (as described in 
     section 1933(a)(1)(B)(i))) be used exclusively for substance 
     abuse (including opioid abuse) treatment efforts in the 
     State, including--
       ``(1) treatment programs--
       ``(A) establishing new addiction treatment facilities, 
     residential and outpatient, including covering capital costs;
       ``(B) establishing sober living facilities;
       ``(C) recruiting and increasing reimbursement for certified 
     mental health providers providing substance abuse treatment 
     in medically underserved communities or communities with high 
     rates of prescription drug abuse;
       ``(D) expanding access to long-term, residential treatment 
     programs for opioid addicts (including 30-, 60-, and 90-day 
     programs);
       ``(E) establishing or operating support programs that offer 
     employment services, housing, and other support services to 
     help recovering addicts transition back into society;
       ``(F) establishing or operating housing for children whose 
     parents are participating in substance abuse treatment 
     programs, including capital costs;
       ``(G) establishing or operating facilities to provide care 
     for babies born with neonatal abstinence syndrome, including 
     capital costs; and
       ``(H) other treatment programs, as the Secretary determines 
     appropriate; and
       ``(2) recruitment and training of substance use disorder 
     professionals to work in rural and medically underserved 
     communities.''.
       (4) Additional funding.--Section 1933(a)(1)(B)(i) of the 
     Public Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is 
     amended by inserting ``, plus any increase in revenues to the 
     Treasury in the previous fiscal year resulting from the 
     enactment of section 4191 of the Internal Revenue Code of 
     1986 (determined by taking into account any outlays for 
     amounts rebated or discounted under subsection (c)(1) 
     thereof)'' before the period.
       (c) Report.--Not later than 2 years after the date 
     described in subsection (a)(3), the Secretary of Health and 
     Human Services shall submit to Congress a report on the 
     impact of the amendments made by subsections (a) and (b) on--
       (1) the retail cost of active opioids (as defined in 
     section 4191 of the Internal Revenue Code of 1986, as added 
     by subsection (a));
       (2) patient access to such opioids, particularly cancer and 
     hospice patients, including the effect of the discount or 
     rebate on such opioids for cancer and hospice patients under 
     section 4191(c)(1) of such Code, as so added;
       (3) how the increase in revenue to the Treasury resulting 
     from the enactment of section 4191 of the Internal Revenue 
     Code of 1986 is used to improve substance abuse treatment 
     efforts in accordance with section 1923A of the Public Health 
     Service Act (as added by subsection (b)); and
       (4) suggestions for improving--
       (A) access to opioids for cancer and hospice patients; and
       (B) substance abuse treatment efforts under such section 
     1923A.
                                 ______
                                 
  SA 4116. 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 G of title X, add the following:

     SEC. 1064. EXTENSION OF BLACK LUNG DISABILITY TRUST FUND 
                   EXCISE TAX.

       (a) In General.--Section 4121(e)(2)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``December 31, 
     2021'' and inserting ``December 31, 2031''.
       (b) Effective Date.--The amendments made by this section 
     shall apply on and after the first day of the first calendar 
     month beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 4117. 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:

        In title X, add at the end the following:

            Subtitle H--COVID-19 Mine Worker Protection Act

     SEC. 1071 SHORT TITLE.

       This subtitle may be cited as the ``COVID-19 Mine Worker 
     Protection Act''.

     SEC. 1072. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.

       (a) Emergency Temporary Health or Safety Standard.--
       (1) In general.--In consideration of the grave risk 
     presented by COVID-19 and the need to strengthen protections 
     for miners, pursuant to section 101(b) of the Federal Mine 
     Safety and Health Act of 1977 (30 U.S.C. 811(b)) and 
     notwithstanding the provisions of law and the Executive order 
     listed in paragraph (3), not later than 7 days after the date 
     of enactment of this Act, the Secretary of Labor shall 
     promulgate an emergency temporary health or safety standard 
     to protect miners from occupational exposure to SARS-CoV-2.
       (2) Application of standard.--Pursuant to section 101(b)(2) 
     of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
     811(b)(2)), the emergency temporary health or safety standard 
     promulgated under paragraph (1) shall be effective until 
     superseded by a mandatory health or safety standard 
     promulgated under subsection (b).
       (3) Inapplicable provisions of law and executive order.--
     The provisions of law and the Executive order listed in this 
     paragraph are as follows:
       (A) Chapter 6 of title 5, United States Code (commonly 
     referred to as the ``Regulatory Flexibility Act'').
       (B) Subchapter I of chapter 35 of title 44, United States 
     Code (commonly referred to as the ``Paperwork Reduction 
     Act'').
       (C) The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 
     et seq.).
       (D) Executive Order 12866 (58 Fed. Reg. 190; relating to 
     regulatory planning and review), as amended.
       (b) Permanent Standard.--Pursuant to section 101(b)(3) of 
     the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
     811(b)(3)), the Secretary shall promulgate a mandatory 
     standard to protect miners from occupational exposure to 
     SARS-CoV-2.
       (c) Requirements.--The standards promulgated under this 
     section shall--
       (1) include a requirement that operators--
       (A) with the input and involvement of miners or, where 
     applicable, the representatives of miners develop and 
     implement a comprehensive infectious disease exposure control 
     plan to address the risk of occupational exposure to SARS-
     CoV-2; and
       (B) provide to miners the necessary personal protective 
     equipment, disinfectant, ancillary medical supplies, and 
     other applicable supplies determined necessary by the 
     Secretary to reduce and limit exposure to SARS-CoV-2 in coal 
     or other mines;
       (2) incorporate guidelines--
       (A) issued by the Centers for Disease Control and 
     Prevention and the National Institute for Occupational Safety 
     and Health, which are designed to prevent the transmission of 
     infectious agents in occupational settings; and
       (B) from relevant scientific research on novel pathogens; 
     and
       (3) include a requirement for the recording and reporting 
     of all work-related COVID-19 infections and deaths as set 
     forth in part 50 of title 30, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).

     SEC. 1073. SURVEILLANCE, TRACKING, AND INVESTIGATION OF 
                   MINING-RELATED CASES OF COVID-19.

       The Secretary of Labor (acting through the Assistant 
     Secretary for Mine Safety and Health), in coordination with 
     the Director of the Centers for Disease Control and 
     Prevention and the Director of the National Institute for 
     Occupational Safety and Health, shall--
       (1) collect and analyze case reports and other data on 
     COVID-19 to identify and evaluate the extent, nature, and 
     source of COVID-19 among miners, including the prevalence of 
     and consequences of COVID-19 diagnoses among miners also 
     diagnosed with pneumoconiosis;
       (2) investigate, as appropriate, individual cases of COVID-
     19 among miners to evaluate the source of exposure and 
     adequacy of infectious disease exposure control plans;
       (3) provide regular periodic reports on COVID-19 among 
     miners to the public; and
       (4) based on such reports and investigations, make 
     recommendations on needed actions or guidance to protect 
     miners from COVID-19.

     SEC. 1074. DEFINITIONS.

       The terms used in this subtitle have the meanings given the 
     terms in section 3 of the Federal Mine Safety and Health Act 
     of 1977 (30 U.S.C. 802).
                                 ______
                                 
  SA 4118. 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

[[Page S7562]]

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. PROTECTIONS FOR PENSIONS IN BANKRUPTCY 
                   PROCEEDINGS.

       (a) Short Title.--This section may be cited as the ``Stop 
     Looting American Pensions Act of 2021'' or the ``SLAP Act''.
       (b) Amendments to the Employee Retirement Income Security 
     Act of 1974 and the Internal Revenue Code of 1986.--
       (1) Minimum funding standard.--
       (A) Amendment to the employee retirement income security 
     act of 1974.--Section 302(a) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1082(a)) is amended by 
     adding at the end the following:
       ``(3) Cases under title 11.--A plan shall continue to be 
     required to satisfy the minimum funding standard under 
     paragraph (1) if a case under title 11, United States Code, 
     is commenced with respect to the employer unless the 
     Secretary of the Treasury has waived the requirements of this 
     subsection with respect to the plan under subsection (c).''.
       (B) Amendment to the internal revenue code of 1986.--
     Section 412(a) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(3) Cases under title 11.--A plan shall continue to be 
     required to satisfy the minimum funding standard under 
     paragraph (1) if a case under title 11, United States Code, 
     is commenced with respect to the employer unless the 
     Secretary has waived the requirements of this subsection with 
     respect to the plan under subsection (c).''.
       (2) Obligation to contribute.--Section 4212 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1392) is 
     amended by adding at the end the following:
       ``(d) A person shall be subject to an obligation to 
     contribute under this part notwithstanding the commencement 
     of a case under title 11, United States Code, with respect to 
     that person.''.
       (3) Obligation to pay withdrawal liability.--Section 
     4220(c) of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1399(c)) is amended by adding at the end the 
     following:
       ``(9) An employer shall be subject to an obligation to make 
     payments of withdrawal liability under this section 
     notwithstanding the commencement of a case under title 11, 
     United States Code, with respect to the employer.''.
       (c) Administrative Expenses and Priorities in Bankruptcy 
     Proceedings.--
       (1) Allowance of administrative expenses.--
       (A) In general.--Section 503(b) of title 11, United States 
     Code, is amended--
       (i) in paragraph (8)(B), by striking ``and'';
       (ii) in paragraph (9), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(10) unpaid minimum required contributions, as defined in 
     section 302(c)(4)(C)(iii)(I) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1082(c)(4)(C)(iii)(I)) 
     and section 4971(c)(4) of the Internal Revenue Code of 1986; 
     and
       ``(11) withdrawal liability determined under part 1 of 
     subtitle E of title IV of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1381 et seq.), including any 
     accelerated payment of such withdrawal liability under 
     section 4219(c)(5) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1399(c)(5)).''.
       (B) Conforming amendment relating to priorities.--Section 
     507(a)(5) of title 11, United States Code, is amended, in the 
     matter preceding subparagraph (A), by inserting after 
     ``contributions to an employee benefit plan'' the following: 
     ``, other than for unpaid minimum required contributions, as 
     defined in section 302(c)(4)(C)(iii)(I) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1082(c)(4)(C)(iii)(I)) and section 4971(c)(4) of the Internal 
     Revenue Code of 1986''.
       (2) Increased wage priority.--Section 507(a) of title 11, 
     United States Code, is amended--
       (A) in paragraph (4), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``$10,000'' and inserting ``$20,000'';
       (ii) by striking ``within 180 days''; and
       (iii) by striking ``or the date of the cessation of the 
     debtor's business, whichever occurs first,''; and
       (B) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) by striking ``within 180 days''; and
       (II) by striking ``or the date of the cessation of the 
     debtor's business, whichever occurs first''; and

       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) for each such plan, to the extent of the number of 
     employees covered by each such plan, multiplied by 
     $20,000.''.
       (d) Automatic Stay in Bankruptcy Proceedings.--Section 
     362(b) of title 11, United States Code, is amended--
       (1) in paragraph (28), by striking ``and'' at the end;
       (2) in paragraph (29), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after paragraph (29) the following:
       ``(30) under subsection (a) of this section, the 
     commencement or continuation of an action or proceeding by 
     the Director of the Pension Benefits Guaranty Corporation to 
     enforce the minimum standard under section 303(k) of the 
     Employment Retirement Income Security Act of 1974 (29 U.S.C. 
     1083(k)).''.
       (e) Sales of Property in Bankruptcy Proceedings.--
       (1) In general.--Section 363 of title 11, United States 
     Code, is amended--
       (A) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``The trustee'' and inserting 
     ``Subject to subsection (q), the trustee'';
       (B) in subsection (c)(1), by striking ``If the business'' 
     and inserting ``Subject to subsection (q), if the business''; 
     and
       (C) by adding at the end the following:
       ``(q)(1) Subject to paragraphs (2) and (3), the trustee may 
     not sell property of the estate under subsection (b) or (c) 
     unless the trustee is able to demonstrate that--
       ``(A) the sale complies with the provisions of this title;
       ``(B) the sale has been proposed in good faith and not by 
     any means forbidden by the law;
       ``(C) any payment made for services or for costs and 
     expenses in or in connection with the sale is reasonable;
       ``(D) if, with respect to the case, there is any fee 
     payable under section 1930 of title 28, the proceeds of the 
     sale will be used to pay that fee;
       ``(E) with respect to each class of claims or interests--
       ``(i) such class has accepted the sale; or
       ``(ii) such class is not impaired by the sale.
       ``(2) The trustee, on request of the proponent of the sale, 
     may sell property of the estate under subsection (b) or (c) 
     if--
       ``(A) all of the applicable requirements of paragraph (1) 
     other than subparagraph (E) are met with respect to a sale of 
     property; and
       ``(B) the sale does not discriminate unfairly, and is fair 
     and equitable, with respect to each class of claims or 
     interests that is impaired under, and has not accepted, the 
     sale.
       ``(3) The trustee may not sell substantially all of the 
     property of the estate under subsection (b) or (c) during the 
     60-day period beginning on the date of the filing of the 
     petition unless the court determines that--
       ``(A) there is a high likelihood that the value of the 
     property of the estate will decrease significantly during 
     that period; and
       ``(B) the requirements under paragraph (1) have been 
     satisfied with respect to each sale that would contribute to 
     substantially all of the property of the estate being 
     sold.''.
       (2) Protection of employee benefits in a sale of assets.--
     Section 363(b) of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(3) In approving a sale under this subsection, the court 
     shall consider the extent to which a bidder has offered to 
     maintain existing jobs, preserve terms and conditions of 
     employment, and assume or match pension and retiree health 
     benefit obligations in determining whether an offer 
     constitutes the highest or best offer for such property.''.
       (f) Fraudulent Transfers and Obligations.--Section 548 of 
     title 11, United States Code, is amended--
       (1) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``2 years'' and inserting ``6 
     years''; and
       (2) in subsection (b), by striking ``2 years'' and 
     inserting ``6 years''.
       (g) Limitations on Executive Compensation Enhancements.--
     Section 503(c) of title 11, United States Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (A) by inserting ``, a senior executive officer, or any of 
     the 20 next most highly compensated employees or 
     consultants'' after ``an insider'';
       (B) by inserting ``or for the payment of performance or 
     incentive compensation, or a bonus of any kind, or other 
     financial returns designed to replace or enhance incentive, 
     stock, or other compensation in effect before the date of the 
     commencement of the case,'' after ``remain with the debtor's 
     business,''; and
       (C) by inserting ``clear and convincing'' before ``evidence 
     in the record''; and
       (2) by amending paragraph (3) to read as follows:
       ``(3) other transfers or obligations, to or for the benefit 
     of insiders, senior executive officers, managers, or 
     consultants providing services to the debtor, in the absence 
     of a finding by the court, based upon clear and convincing 
     evidence, and without deference to the debtor's request for 
     such payments, that such transfers or obligations are 
     essential to the survival of the debtor's business or (in the 
     case of a liquidation of some or all of the debtor's assets) 
     essential to the orderly liquidation and maximization of 
     value of the assets of the debtor, in either case, because of 
     the essential nature of the services provided, and then only 
     to the extent that the court finds such transfers or 
     obligations are reasonable compared to individuals holding 
     comparable positions at comparable companies in the same 
     industry and not disproportionate in light of economic 
     concessions by the debtor's nonmanagement workforce during 
     the case.''.
       (h) Applicability.--This section and the amendments made by 
     this section shall apply with respect to any case that is 
     commenced on or after the date of enactment of this Act.

[[Page S7563]]

  

                                 ______
                                 
  SA 4119. Mr. WICKER (for himself and Mr. Kaine) 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 FUNDING FOR OHIO REPLACEMENT.

       (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 $25,000,000, with the amount of the increase to 
     be available for Ohio Replacement (PE 0603595N).
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 101 for procurement for the Army, 
     the Navy and the Marine Corps, the Air Force and the Space 
     Force, and Defense-wide activities is hereby decreased by 
     $25,000,000, with the amount of the decrease to be derived 
     from amounts available for Shipbuilding and Conversion, Navy, 
     Amphibious Ships, Line 19, LHA Replacement.

     SEC. ___. ADDITIONAL FUNDING FOR SHIP SHORE CONNECTOR.

       (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 the Ship Shore Connector (PE 0605220N).
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 101 for procurement for the Army, 
     the Navy and the Marine Corps, the Air Force and the Space 
     Force, and Defense-wide activities is hereby decreased by 
     $10,000,000, with the amount of the decrease to be derived 
     from amounts available for Shipbuilding and Conversion, Navy, 
     Amphibious Ships, Line 19, LHA Replacement.

     SEC. ___. ADDITIONAL FUNDING FOR INDUSTRIAL BASE ANALYSIS AND 
                   SUSTAINMENT.

       (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 $2,000,000, with the amount of the increase to 
     be available for Industrial Base Analysis and Sustainment 
     Support (PE 0607210D8Z).
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 101 for procurement for the Army, 
     the Navy and the Marine Corps, the Air Force and the Space 
     Force, and Defense-wide activities is hereby decreased by 
     $2,000,000, with the amount of the decrease to be derived 
     from amounts available for Shipbuilding and Conversion, Navy, 
     Amphibious Ships, Line 19, LHA Replacement.
                                 ______
                                 
  SA 4120. Mr. WICKER (for himself and Mr. Kaine) 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 JOINT SERVICE EXPLOSIVE 
                   ORDINANCE DEVELOPMENT.

       (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 $11,000,000, with the amount of the increase to 
     be available for Joint Service Explosive Ordinance 
     Development (PE 0603654N).
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2022 by section 101 for procurement for the Army, 
     the Navy and the Marine Corps, the Air Force and the Space 
     Force, and Defense-wide activities is hereby decreased by 
     $11,000,000, with the amount of the decrease to be derived 
     from amounts available for Shipbuilding and Conversion, Navy, 
     Amphibious Ships, Line 19, LHA Replacement.
                                 ______
                                 
  SA 4121. Ms. CORTEZ MASTO (for herself and Mrs. Fischer) 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. __. PROMOTING DIGITAL PRIVACY TECHNOLOGIES.

       (a) Definitions.--In this section:
       (1) Personal data.--The term ``personal data'' means 
     information that identifies, is linked to, or is reasonably 
     linkable to, an individual or a consumer device, including 
     derived data.
       (2) Privacy enhancing technology.--The term ``privacy 
     enhancing technology''--
       (A) means any software solution, technical processes, or 
     other technological means of enhancing the privacy and 
     confidentiality of an individual's personal data in data or 
     sets of data; and
       (B) includes anonymization and pseudonymization techniques, 
     filtering tools, anti-tracking technology, differential 
     privacy tools, synthetic data, and secure multi-party 
     computation.
       (b) National Science Foundation Support of Research on 
     Privacy Enhancing Technology.--The Director of the National 
     Science Foundation, in consultation with other relevant 
     Federal agencies (as determined by the Director), shall 
     support merit-reviewed and competitively awarded research on 
     privacy enhancing technologies, which may include--
       (1) fundamental research on technologies for de-
     identification, pseudonymization, anonymization, or 
     obfuscation of personal data in data sets while maintaining 
     fairness, accuracy, and efficiency;
       (2) fundamental research on algorithms and other similar 
     mathematical tools used to protect individual privacy when 
     collecting, storing, sharing, or aggregating data;
       (3) fundamental research on technologies that promote data 
     minimization principles in data collection, sharing, and 
     analytics; and
       (4) research awards on privacy enhancing technologies 
     coordinated with other relevant Federal agencies and 
     programs.
       (c) Integration Into the Computer and Network Security 
     Program.--Subparagraph (D) of section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 
     7403(a)(1)(D)) is amended to read as follows:
       ``(D) privacy enhancing technologies and 
     confidentiality;''.
       (d) Coordination With the National Institute of Standards 
     and Technology and Other Stakeholders.--
       (1) In general.--The Director of the Office of Science and 
     Technology Policy, acting through the Networking and 
     Information Technology Research and Development Program, 
     shall coordinate with the Director of the National Science 
     Foundation, the Director of the National Institute of 
     Standards and Technology, and the Federal Trade Commission to 
     accelerate the development and use of privacy enhancing 
     technologies.
       (2) Outreach.--The Director of the National Institute of 
     Standards and Technology shall conduct outreach to--
       (A) receive input from private, public, and academic 
     stakeholders, including the National Institutes of Health and 
     the Centers for Disease Control and Prevention, for the 
     purpose of facilitating public health research, on the 
     development of privacy enhancing technologies; and
       (B) develop ongoing public and private sector engagement to 
     create and disseminate voluntary, consensus-based resources 
     to increase the integration of privacy enhancing technologies 
     in data collection, sharing, and analytics by the public and 
     private sectors.
       (e) Report on Research and Standards Development.--Not 
     later than 2 years after the date of enactment of this Act, 
     the Director of the Office of Science and Technology Policy, 
     acting through the Networking and Information Technology 
     Research and Development Program, shall, in coordination with 
     the Director of the National Science Foundation and the 
     Director of the National Institute of Standards and 
     Technology, submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Science, 
     Space, and Technology of the House of Representatives, a 
     report containing--
       (1) the progress of research on privacy enhancing 
     technologies;
       (2) the progress of the development of voluntary resources 
     described under subsection (d)(2)(B); and
       (3) any policy recommendations of the Directors that could 
     facilitate and improve communication and coordination between 
     the private sector, the National Science Foundation, and 
     relevant Federal agencies through the implementation of 
     privacy enhancing technologies.
                                 ______
                                 
  SA 4122. Ms. CORTEZ MASTO (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 B of title V, add the following:

[[Page S7564]]

  


     SEC. 520B. CONTACT OF ELIGIBLE MEMBERS FOR THE REVIEW AND 
                   CORRECTION OF MILITARY RECORDS.

       (a) In General.--The Secretary of Defense shall conduct a 
     search in accordance with subsection (b) to identify the 
     current address of each former member of the Armed Forces who 
     meets the following criteria:
       (1) Served as a member of the Armed Forces on or after 
     October 7, 2001.
       (2) Was discharged with a service characterization that was 
     less than honorable discharge, excluding a bad conduct 
     discharge or dishonorable discharge.
       (3) Has not received an upgrade of discharge to honorable 
     discharge.
       (b) Resources to Conduct Search.--To identify the current 
     addresses of former members of the Armed Forces who meet the 
     criteria under subsection (a), the Secretary of Defense shall 
     access public record databases, including--
       (1) LexisNexis Public Records;
       (2) PeopleMap on Thomson Reuters Westlaw;
       (3) OPENonline; and
       (4) any other public record database as determined by the 
     Secretary of Defense.
       (c) Contact of Eligible Members.--The Secretary of Defense 
     shall--
       (1) prepare a universal notice that includes--
       (A) a description of the process for a former member to 
     apply for a discharge upgrade or otherwise correct their 
     military record;
       (B) a list of resources through which a former member may 
     receive assistance in completing or submitting the 
     application;
       (C) a summary of any recent statutory amendments and agency 
     guidance that--
       (i) require any board established under section 1552(a)(1) 
     of title 10, United States Code, to grant liberal 
     consideration to applications involving post-traumatic stress 
     disorder, traumatic brain injury, military sexual trauma, and 
     other behavioral health conditions; and
       (ii) permit discharge upgrades to former members discharged 
     under section 654 of title 10, United States Code, as in 
     effect before such section was repealed pursuant to the Don't 
     Ask, Don't Tell Repeal Act of 2010 (Public Law 111-321);
       (D) a description of the medical evidence that a former 
     member may provide to a board to support an application, 
     noting that such evidence may include--
       (i) a medical diagnosis of post-traumatic stress disorder, 
     traumatic brain injury, or other behavioral health issues;
       (ii) documentation by a medical professional or licensed 
     social worker of symptoms of post-traumatic stress disorder, 
     traumatic brain injury, military sexual trauma, or other 
     behavioral health issues; and
       (iii) letters describing behavioral changes or symptoms of 
     post-traumatic stress disorder, traumatic brain injury, and 
     other behavior health issues of the former member witnessed 
     by family members of the former member or other individuals; 
     and
       (E) information on the process for a former member to 
     obtain treatment or a medical health evaluations from the 
     Department of Veterans Affairs; and
       (2) take measures to provide the universal notice required 
     under paragraph (1) to each former member of the Armed Forces 
     who meets the criteria under subsection (a).
                                 ______
                                 
  SA 4123. Ms. CORTEZ MASTO 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, insert the 
     following:

     SEC. 318. ENERGY EFFICIENCY AND RESILIENCY TARGETS FOR 
                   DEPARTMENT OF DEFENSE DATA CENTERS.

       (a) Energy Efficiency and Resiliency Targets for Data 
     Centers.--
       (1) In general.--Subchapter I of chapter 173 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2921. Energy efficiency and resiliency targets for 
       data centers

       ``(a) Covered Data Centers.--(1) For each covered data 
     center, the Secretary of Defense shall--
       ``(A) develop a power usage effectiveness target for the 
     data center, based on location, resiliency, industry 
     standards, business continuity and disaster recovery, and 
     best practices;
       ``(B) develop a water usage effectiveness target for the 
     data center, based on location, resiliency, industry 
     standards, business continuity and disaster recovery, and 
     best practices;
       ``(C) develop a resiliency target for the data center, 
     based on location, industry standards, business continuity 
     and disaster recovery, and best practices;
       ``(D) develop a facility availability target for the data 
     center, based on location, industry standards, business 
     continuity and disaster recovery, and best practices;
       ``(E) develop other energy efficiency or water usage 
     targets for the data center based on industry standards, 
     business continuity and disaster recovery, and best 
     practices, as applicable to meet energy efficiency and 
     resiliency goals;
       ``(F) identify potential renewable or clean energy 
     resources, or related technologies such as advanced battery 
     storage capacity, to enhance resiliency at the data center, 
     including potential renewable or clean energy purchase 
     targets based on the location of the data center; and
       ``(G) identify any statutory, regulatory, or policy 
     barriers to meeting any target under any of subparagraphs (A) 
     through (F).
       ``(2) In this subsection, the term `covered data center' 
     means a data center established before the date of the 
     enactment of this section that--
       ``(A) is one of the 50 data centers of the Department of 
     Defense with the highest annual power usage rates; or
       ``(B) is one of the 20 data centers operated for the 
     Department by a private contractor with the highest annual 
     power usage rates.
       ``(b) New Data Centers.--(1)(A) Except as provided in 
     paragraph (2), in the case of any data center of the 
     Department established on or after the date of the enactment 
     of this section, regardless of whether the data center is 
     owned and operated by the Department or by a contractor on 
     behalf of the Department, the Secretary shall establish 
     energy, water usage, and resiliency-related standards that 
     the data center shall be required to meet based on location, 
     resiliency, industry standards, business continuity and 
     disaster recovery, and best practices.
       ``(B) Standards established under subparagraph (A) shall 
     include--
       ``(i) power usage effectiveness standards;
       ``(ii) water usage effectiveness standards;
       ``(iii) resiliency standards;
       ``(iv) facility availability standards; and
       ``(v) any other energy or resiliency standards the 
     Secretary determines are appropriate.
       ``(2) The Secretary may waive the requirement for a data 
     center of the Department established on or after the date of 
     the enactment of this section to meet the standards 
     established under paragraph (1) if the Secretary--
       ``(A) determines that such waiver is in the national 
     security interest of the United States; and
       ``(B) submits to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives notice of such waiver and the reasons for 
     such waiver.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2920 the following new item:

``Sec. 2921. Energy efficiency and resiliency targets for data 
              centers.''.
       (b) Inventory of Data Facilities.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     conduct an inventory of all data centers owned or operated by 
     the Department of Defense.
       (2) Elements.--The inventory required under paragraph (1) 
     shall include the following:
       (A) A list of data centers owned or operated by the 
     Department of Defense.
       (B) For each such data center, the earlier of the following 
     dates:
       (i) The date on which the data center was established.
       (ii) The date of the most recent capital investment in new 
     power, cooling, or compute infrastructure at the data center.
       (C) The total average annual power use, in kilowatts, for 
     each such data center.
       (D) The number of data centers that measure power usage 
     effectiveness and for each such data center, the power usage 
     effectiveness for the center.
       (E) The number of data centers that measure water usage 
     effectiveness and, for each such data center, the water usage 
     effectiveness for the center.
       (F) A description of any other existing energy efficiency 
     or efficient water usage metrics used by any data center and 
     the applicable measurements for any such center.
       (G) An assessment of the facility resiliency of each data 
     center, including redundant power and cooling facility 
     infrastructure.
       (H) Any other matters the Secretary determines are 
     relevant.
       (c) Report.--
       (1) In general.--Not later than 180 days after the 
     completion of the inventory required under subsection (b), 
     the Secretary of Defense shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the inventory and the energy efficiency and 
     resiliency targets under section 2921(a) of title 10, United 
     States Code, as added by subsection (a).
       (2) Elements.--The report under paragraph (1) shall include 
     each of the following:
       (A) A timeline of necessary actions required to meet the 
     energy efficiency and resiliency targets for covered data 
     centers under section 2921(a) of title 10, United States 
     Code, as added by subsection (a).
       (B) The estimated costs associated with meeting such 
     targets.
       (C) An assessment of the business case for meeting such 
     targets, including any estimated savings in operational 
     energy and water costs and estimated reduction in energy and 
     water usage if the targets are met.

[[Page S7565]]

       (D) An inventory of any data centers for which meeting such 
     targets could more efficiently be achieved by transferring 
     the workloads of such centers to private facilities, and a 
     business case for meeting such targets in that manner.
       (E) An analysis of any statutory, regulatory, or policy 
     barriers to meeting such targets identified under section 
     2921(a)(E) of title 10, United States Code, as added by 
     subsection (a).
       (d) Data Center Defined.--In this section, the term ``data 
     center'' has the meaning given such term in the most recent 
     Integrated Data Collection guidance of the Office of 
     Management and Budget.
                                 ______
                                 
  SA 4124. 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. ___. FLIGHT INSTRUCTION OR TESTING.

       (a) In General.--An authorized flight instructor providing 
     student instruction, flight instruction, or flight training 
     shall not be deemed to be operating an aircraft carrying 
     persons or property for compensation or hire.
       (b) Authorized Additional Pilots.--An individual acting as 
     an authorized additional pilot during Phase I flight testing 
     of aircraft holding an experimental airworthiness 
     certificate, in accordance with section 21.191 of title 14, 
     Code of Federal Regulations, and meeting the requirements set 
     forth in Federal Aviation Administration regulations and 
     policy in effect as of the date of enactment of this section, 
     shall not be deemed to be operating an aircraft carrying 
     persons or property for compensation or hire.
       (c) Use of Aircraft.--An individual who uses, causes to 
     use, or authorizes to use aircraft for flights conducted 
     under subsection (a) or (b) shall not be deemed to be 
     operating an aircraft carrying persons or property for 
     compensation or hire.
       (d) Revision of Rules.--The requirements of this section 
     shall become effective upon the date of enactment. The 
     Administrator of the Federal Aviation Administration shall 
     issue, revise, or repeal the rules, regulations, guidance, or 
     procedures of the Federal Aviation Administration to conform 
     to the requirements of this section.
                                 ______
                                 
  SA 4125. 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 XII, add the following:

     SEC. 1224. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR 
                   DETAINED ISIS MEMBERS AND RELEVANT DISPLACED 
                   POPULATIONS IN SYRIA.

       Section 1224 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642) is 
     amended--
        (a) by striking subsection (a);
       (b) by amending subsection (b) to read as follows:
       ``(a) Designation.--The President, in consultation with the 
     Secretary of Defense, the Secretary of State, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall designate an 
     existing official to serve within the executive branch as 
     senior-level coordinator to coordinate, in conjunction with 
     other relevant agencies, all matters related to ISIS members 
     who are in the custody of the Syrian Democratic Forces and 
     other relevant displaced populations in Syria, including--
       ``(1) the long-term disposition of such individuals, 
     including in all matters related to--
       ``(A) repatriation, transfer, prosecution, and 
     intelligence-gathering;
       ``(B) all multilateral and international engagements led by 
     the Department of State and other agencies that are related 
     to the current and future handling, detention, and 
     prosecution of such ISIS members, including such engagements 
     with the International Criminal Police Organization; and
       ``(C) the coordination of the provision of technical and 
     evidentiary assistance to foreign countries to aid in the 
     successful prosecution of such ISIS members, as appropriate, 
     in accordance with international humanitarian law and other 
     internationally recognized human rights and rule of law 
     standards;
       ``(2) all multilateral and international engagements 
     related to humanitarian access and provision of basic 
     services to, and freedom of movement and security and safe 
     return of, internally displaced persons and refugees at camps 
     or facilities in Syria that hold family members of such ISIS 
     members;
       ``(3) coordination with relevant agencies on matters 
     described in this section; and
       ``(4) any other matter the Secretary of State considers 
     relevant.'';
       (c) in subsection (c), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (d) by amending subsection (d) to read as follows:
       ``(d) Annual Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this Act, and not less frequently than 
     once each year thereafter through January 31, 2024, the 
     Coordinator, in coordination with the relevant agencies, 
     shall submit to the appropriate committees of Congress a 
     detailed report that includes the following:
       ``(A) A detailed description of the facilities where 
     detained ISIS members described in paragraph (1) are being 
     held, including security and management of such facilities 
     and adherence to international humanitarian law standards.
       ``(B) A description of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, internally displaced persons and refugees at 
     camps or facilities in Iraq, Syria, and any other area 
     affected by ISIS activity, including a description of--
       ``(i) support for efforts by the Syrian Democratic Forces' 
     to facilitate the return of refugees from Iraq and Syria;
       ``(ii) repatriation efforts with respect to displaced women 
     and children;
       ``(iii) any current or future potential threat to United 
     States national security interests posed by detained ISIS 
     members, including an analysis of the Al-Hol camp and 
     annexes; and
       ``(iv) United States Government plans and strategies to 
     respond to any threat identified under clause (iii).
       ``(C) An analysis of all United States efforts to prosecute 
     detained ISIS members and the outcomes of such efforts. Any 
     information, the disclosure of which may violate Department 
     of Justice policy or law, relating to a prosecution or 
     investigation may be withheld from a report under this 
     subsection.
       ``(D) A detailed description of any option to expedite 
     prosecution of any detained ISIS member, including in a court 
     of competent jurisdiction outside of the United States.
       ``(E) An analysis of factors on the ground in Syria and 
     Iraq that may result in the unintended release of detained 
     ISIS members, and an assessment of any measures available to 
     mitigate such releases.
       ``(F) A detailed description of efforts to coordinate the 
     disposition and security of detained ISIS members with other 
     countries and international organizations, including the 
     International Criminal Police Organization, to ensure secure 
     chains of custody and locations of such ISIS members.
       ``(G) An analysis of the manner in which the United States 
     Government communicates on such proposals and efforts to the 
     families of United States citizens believed to be a victim of 
     a criminal act by a detained ISIS member.
       ``(H) An analysis of all efforts between the United States 
     and partner countries within the Global Coalition to Defeat 
     ISIS or other countries to share intelligence or evidence 
     that may aid in the prosecution of ISIS members, and any 
     legal obstacles that may hinder such efforts.
       ``(I) Any other matter the Coordinator considers 
     appropriate.
       ``(2) Form.--The report under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.'';
       (e) in subsection (e), by striking ``January 31, 2021'' and 
     inserting ``January 31, 2024'';
       (f) in subsection (f)--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Coordinator.--The term `Coordinator' means the 
     individual designated under subsection (a).''; and
       (3) by adding at the end the following new paragraph:
       ``(4) Relevant agencies.--The term `relevant agencies' 
     means--
       ``(A) the Department of State;
       ``(B) the Department of Defense;
       ``(C) the Department of the Treasury;
       ``(D) the Department of Justice;
       ``(E) the United States Agency for International 
     Development;
       ``(F) the Office of the Director of National Intelligence; 
     and
       ``(G) any other agency the President considers relevant.''; 
     and
       (g) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively.
                                 ______
                                 
  SA 4126. 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

[[Page S7566]]

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

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

     SEC. 356. MODIFICATION OF REQUIREMENTS FOR DISPOSAL OF 
                   MATERIALS CONTAINING PERFLUOROALKYL SUBSTANCES, 
                   POLYFLUOROALKYL SUBSTANCES, OR AQUEOUS FILM 
                   FORMING FOAM.

       Section 330 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``; or'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking ``; or'' and inserting a 
     semicolon;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (D) by adding at the end the following new paragraph:
       ``(4) have been sent to another entity or entities for 
     disposal, including a waste processing facility, 
     subcontractor, or fuel blending facility.''; and
       (2) by adding at the end the following new subsections:
       ``(c) Report.--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 of 
     Defense shall submit to the Administrator of the 
     Environmental Protection Agency and the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on all incineration by the Department of Defense of 
     materials covered by subsection (b) during the one-year 
     period preceding the submittal of the report, including--
       ``(1) the total amount of materials incinerated;
       ``(2) the temperature range at which the materials were 
     incinerated;
       ``(3) the locations and facilities where the covered 
     materials were incinerated;
       ``(4) details on actions taken by the Secretary to comply 
     with this section; and
       ``(5) details on actions taken by the Department of Defense 
     to implement the recommendations contained in the revised 
     interim guidance on the destruction and disposal of PFAS and 
     materials containing PFAS published by the Administrator of 
     the Environmental Protection Agency under section 7361 of the 
     National Defense Authorization Act for Fiscal Year 2020 (15 
     U.S.C. 8961), including the recommendation for safe storage 
     of PFAS and materials containing PFAS until identified 
     uncertainties are addressed and appropriate destruction and 
     disposal technologies can be recommended.
       ``(d) Definitions.--In this section:
       ``(1) AFFF.--The term `AFFF' means aqueous film forming 
     foam.
       ``(2) PFAS.--The term `PFAS' means perfluoroalkyl 
     substances or polyfluoroalkyl substances.''.
                                 ______
                                 
  SA 4127. 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 D of title III, add the following:

     SEC. 356. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE 
                   OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL 
                   SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.

       Beginning on the date of the enactment of this Act, the 
     Secretary of Defense shall not incinerate materials 
     containing perfluoroalkyl substances, polyfluoroalkyl 
     substances, or aqueous film forming foam until regulations 
     have been prescribed by the Secretary that--
       (1) implement the requirements of section 330 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 10 U.S.C. 2701 note); and
       (2) take into consideration the interim guidance published 
     by the Administrator of the Environmental Protection Agency 
     under section 7361 of the National Defense Authorization Act 
     for Fiscal Year 2020 (15 U.S.C. 8961).
                                 ______
                                 
  SA 4128. 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 B of title XII, add the following:

     SEC. 1216. ADDITIONAL VISAS UNDER AFGHAN SPECIAL IMMIGRANT 
                   VISA PROGRAM.

       Section 602(b)(3)(F) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended, in 
     the matter preceding clause (i), by striking ``34,500'' and 
     inserting ``38,500''.
                                 ______
                                 
  SA 4129. Mrs. SHAHEEN (for herself and 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:

                  Subtitle __Combating Synthetic Drugs

     SEC. _01. SHORT TITLE.

       This subtitle may be cited as the ``Fighting Emerging 
     Narcotics Through Additional Nations to Yield Lasting Results 
     Act'' or ``FENTANYL Results Act''.

     SEC. _02. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF 
                   STATE TO COMBAT INTERNATIONAL TRAFFICKING IN 
                   COVERED SYNTHETIC DRUGS.

       (a) In General.--The Secretary of State shall prioritize 
     efforts of the Department of State to combat international 
     trafficking in covered synthetic drugs by carrying out 
     programs and activities to include the following:
       (1) Supporting increased data collection by the United 
     States and foreign countries through increased drug use 
     surveys among populations, increased use of wastewater 
     testing where appropriate, and multilateral sharing of that 
     data.
       (2) Engaging in increased consultation and partnership with 
     international drug agencies, including the European 
     Monitoring Centre for Drugs and Drug Addiction, and 
     regulatory agencies in foreign countries.
       (3) Carrying out the program to provide assistance to build 
     the capacity of foreign law enforcement agencies with respect 
     to covered synthetic drugs, as required by section _03.
       (4) Carrying out exchange programs for governmental and 
     nongovernmental personnel in the United States and in foreign 
     countries to provide educational and professional development 
     on demand reduction matters relating to the illicit use of 
     narcotics and other drugs, as required by section _04.
       (b) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on the implementation of this section.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. _03. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY 
                   OF FOREIGN LAW ENFORCEMENT AGENCIES WITH 
                   RESPECT TO COVERED SYNTHETIC DRUGS.

       (a) In General.--Notwithstanding section 660 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of 
     State shall establish a program to provide assistance to 
     build the capacity of law enforcement agencies of the 
     countries described in subsection (c) to help such agencies 
     to identify, track, and improve their forensics detection 
     capabilities with respect to covered synthetic drugs.
       (b) Priority.--The Secretary of State shall prioritize 
     assistance under subsection (a) among those countries 
     described in subsection (c) in which such assistance would 
     have the most impact in reducing illicit use of covered 
     synthetic drugs in the United States.
       (c) Countries Described.--The foreign countries described 
     in this subsection are--
       (1) countries that are producers of covered synthetic 
     drugs;
       (2) countries whose pharmaceutical and chemical industries 
     are known to be exploited for development or procurement of 
     precursors of covered synthetic drugs; or
       (3) major drug-transit countries as defined by the 
     President.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $4,000,000 for each of the fiscal years 2022 through 2026. 
     Such amounts shall be in addition to amounts otherwise 
     available for such purposes.

     SEC. _04. EXCHANGE PROGRAM FOR GOVERNMENTAL AND 
                   NONGOVERNMENTAL PERSONNEL TO PROVIDE 
                   EDUCATIONAL AND PROFESSIONAL DEVELOPMENT ON 
                   DEMAND REDUCTION MATTERS RELATING TO ILLICIT 
                   USE OF NARCOTICS AND OTHER DRUGS.

       (a) In General.--The Secretary of State shall establish or 
     continue and strengthen, as appropriate, an exchange program 
     for governmental and nongovernmental personnel in the United 
     States and in foreign countries

[[Page S7567]]

     to provide educational and professional development on demand 
     reduction matters relating to the illicit use of narcotics 
     and other drugs.
       (b) Program Requirements.--The program required by 
     subsection (a)--
       (1) shall be limited to individuals who have expertise and 
     experience in matters described in subsection (a);
       (2) in the case of inbound exchanges, may be carried out as 
     part of exchange programs and international visitor programs 
     administered by the Bureau of Educational and Cultural 
     Affairs of the Department of State, including the 
     International Visitor Leadership Program, in consultation or 
     coordination with the Bureau of International Narcotics and 
     Law Enforcement Affairs; and
       (3) shall include outbound exchanges for governmental or 
     nongovernmental personnel in the United States.
       (c) Authorization of Additional Appropriations.--There is 
     authorized to be appropriated to the Secretary to carry out 
     this section $1,000,000 for each of fiscal years 2022 through 
     2026. Such amounts shall be in addition to amounts otherwise 
     available for such purposes.

     SEC. _05. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL 
                   PROGRAM.

       (a) International Narcotics Control Strategy Report.--
     Section 489(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)) is amended by inserting after paragraph (9) 
     the following new paragraph:
       ``(10) Synthetic opioids and new psychoactive substances.--
       ``(A) Synthetic opioids.--Information that contains an 
     assessment of the countries significantly involved in the 
     manufacture, production, or transshipment of synthetic 
     opioids, including fentanyl and fentanyl analogues, to 
     include the following:
       ``(i) The scale of legal domestic production and any 
     available information on the number of manufacturers and 
     producers of such opioids in such countries.
       ``(ii) Information on any law enforcement assessments of 
     the scale of illegal production, including a description of 
     the capacity of illegal laboratories to produce such opioids.
       ``(iii) The types of inputs used and a description of the 
     primary methods of synthesis employed by illegal producers of 
     such opioids.
       ``(iv) An assessment of the policies of such countries to 
     regulate licit manufacture and interdict illicit manufacture, 
     diversion, distribution, and shipment of such opioids and an 
     assessment of the effectiveness of the policies' 
     implementation.
       ``(B) New psychoactive substances.--Information on, to the 
     extent practicable, any policies of responding to new 
     psychoactive substances (as such term is defined in section 
     _07 of the FENTANYL Results Act), to include the following:
       ``(i) Which governments have articulated policies on 
     scheduling of such substances.
       ``(ii) Any data on impacts of such policies and other 
     responses to such substances.
       ``(iii) An assessment of any policies the United States 
     could adopt to improve its response to new psychoactive 
     substances.''.
       (b) Definition of Major Illicit Drug Producing Country.--
     Section 481(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``means a country in which--'' and 
     inserting the following: ``means--
       ``(A) a country in which--'';
       (B) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and moving such 
     clauses, as so redesignated, two ems to the right;
       (C) in subparagraph (A)(iii), as redesignated by this 
     paragraph, by striking the semicolon at the end and inserting 
     ``; or''; and
       (D) by adding at the end the following new subparagraph:
       ``(B) a country which is a significant direct source of 
     illicit narcotic or psychotropic drugs or other controlled 
     substances significantly affecting the United States;''; and
       (2) by amending paragraph (5) to read as follows:
       ``(5) the term `major drug-transit country' means a country 
     through which are transported illicit narcotic or 
     psychotropic drugs or other controlled substances 
     significantly affecting the United States.''.

     SEC. _06. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should direct the United States 
     Representative to the United Nations to use the voice and 
     vote of the United States at the United Nations to advocate 
     for more transparent assessments of countries by the 
     International Narcotics Control Board; and
       (2) bilateral, plurilateral, and multilateral international 
     cooperation is essential to combating the trafficking of 
     covered synthetic drugs.

     SEC. _07. DEFINITIONS.

       In this subtitle:
       (1) The term ``covered synthetic drug'' means--
       (A) a synthetic controlled substance (as defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), 
     including fentanyl or a fentanyl analogue; or
       (B) a new psychoactive substance.
       (2) The term ``new psychoactive substance'' means a 
     substance of abuse, or any preparation thereof, that--
       (A) is not--
       (i) included in any schedule as a controlled substance 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.); 
     or
       (ii) controlled by the Single Convention on Narcotic Drugs, 
     done at New York March 30, 1961, or the Convention on 
     Psychotropic Substances, done at Vienna February 21, 1971;
       (B) is new or has reemerged on the illicit market; and
       (C) poses a threat to the public health and safety.
                                 ______
                                 
  SA 4130. 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 title VII, add the following:

Subtitle D--Documentation and Testing of Exposure to Perfluoroalkyl and 
                       Polyfluoroalkyl Substances

     SEC. 761. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND 
                   POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC 
                   HEALTH ASSESSMENTS.

       (a) Periodic Health Assessment.--The Secretary of Defense 
     shall ensure that any periodic health assessment provided to 
     a member of the Armed Forces includes an evaluation of 
     whether the member has been--
       (1) based or stationed at a military installation 
     identified by the Department of Defense 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 evaluating 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 Department 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 Department 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.''.

     SEC. 762. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED 
                   FORCES, FORMER MEMBERS OF THE ARMED FORCES, AND 
                   THEIR FAMILIES TO DETERMINE EXPOSURE TO 
                   PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL 
                   SUBSTANCES.

       (a) Members of the Armed Forces.--
       (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 of Defense shall provide to that 
     member, during that covered evaluation, blood testing to 
     determine and document potential exposure to such substances.
       (2) Inclusion in health record.--The results of blood 
     testing of a member of the Armed Forces conducted under 
     paragraph (1) shall be included in the health record of the 
     member.
       (b) Former Members of the Armed Forces and Family 
     Members.--The Secretary shall pay for blood testing to 
     determine and document potential exposure to perfluoroalkyl 
     substances or polyfluoroalkyl substances for any covered 
     individual, at the election of the individual, either through 
     the TRICARE program for individuals otherwise eligible for 
     such program or through the use of vouchers to obtain such 
     testing.
       (c) Definitions.--In this section:
       (1) Covered evaluation.--The term ``covered evaluation'' 
     means--
       (A) a periodic health assessment conducted in accordance 
     with section 761(a);
       (B) a separation history and physical examination conducted 
     under section 1145(a)(5) of title 10, United States Code, as 
     amended by section 761(b); and
       (C) a deployment assessment conducted under section 
     1074f(b)(2) of such title, as amended by section 761(c).
       (2) Covered individual.--The term ``covered individual'' 
     means a former member of

[[Page S7568]]

     the Armed Forces or a family member of a member or former 
     member of the Armed Forces who lived at a location (or the 
     surrounding area of such a location) identified by the 
     Department of Defense as a location with a known or suspected 
     release of perfluoroalkyl substances or polyfluoroalkyl 
     substances during the period in which the individual lived at 
     that location (or surrounding area).
       (3) TRICARE program.--The term ``TRICARE program'' has the 
     meaning given that term in section 1072(7) of title 10, 
     United States Code.

     SEC. 763. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL 
                   SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.

       (a) Sharing of Information.--The Secretary of Defense and 
     the Secretary of Veterans Affairs shall enter into a 
     memorandum of understanding providing for the sharing by the 
     Department of Defense with the Department of Veterans Affairs 
     of the results of covered evaluations regarding the exposure 
     by a member of the Armed Forces to perfluoroalkyl substances 
     or polyfluoroalkyl substances.
       (b) Registry.--
       (1) Establishment.--The Secretary of Defense shall 
     establish a registry of members of the Armed Forces who have 
     been exposed to, or are suspected to have been exposed to, 
     perfluoroalkyl substances or polyfluoroalkyl substances.
       (2) Inclusion in registry.--The Secretary shall include a 
     member of the Armed Forces in the registry established under 
     paragraph (1) if a covered evaluation of the member 
     establishes that the member--
       (A) was based or stationed at a location identified by the 
     Department of Defense 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 location; or
       (B) was exposed to such substances.
       (3) Blood testing.--The results of any blood test conducted 
     under section 4(a) shall be included in the registry 
     established under paragraph (1) for any member of the Armed 
     Forces included in the registry.
       (4) Election.--A member of the Armed Forces may elect not 
     to be included in the registry established under paragraph 
     (1).
       (c) Provision of Information.--The Secretary of Defense 
     shall provide to a member of the Armed Forces more 
     information on perfluoroalkyl substances and polyfluoroalkyl 
     substances and the potential impact of exposure to such 
     substances if a covered evaluation of such member establishes 
     that the member--
       (1) was based or stationed at a location identified by the 
     Department of Defense 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 location; or
       (2) was exposed to such substances.
       (d) Rule of Construction.--Nothing in this section may be 
     construed to preclude eligibility of a veteran for benefits 
     under the laws administered by the Secretary of Veterans 
     Affairs by reason of the exposure of the veteran to 
     perfluoroalkyl substances or polyfluoroalkyl substances not 
     being recorded in a covered evaluation.
       (e) Covered Evaluation Defined.--In this section, the term 
     ``covered evaluation'' means--
       (1) a periodic health assessment conducted in accordance 
     with section 761(a);
       (2) a separation history and physical examination conducted 
     under section 1145(a)(5) of title 10, United States Code, as 
     amended by section 761(b); and
       (3) a deployment assessment conducted under section 
     1074f(b)(2) of such title, as amended by section 761(c).
                                 ______
                                 
  SA 4131. 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 X, insert the following:

               Subtitle __Homeland Procurement Reform Act

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Homeland Procurement 
     Reform Act'' or the ``HOPR Act''.

     SEC. __02. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO 
                   NATIONAL SECURITY INTERESTS ACCORDING TO 
                   CERTAIN CRITERIA.

       (a) In General.--Subtitle D of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO 
                   NATIONAL SECURITY INTERESTS.

       ``(a) Definitions.--In this section:
       ``(1) Covered item.--The term `covered item' means any of 
     the following:
       ``(A) Footwear provided as part of a uniform.
       ``(B) Uniforms.
       ``(C) Holsters and tactical pouches.
       ``(D) Patches, insignia, and embellishments.
       ``(E) Chemical, biological, radiological, and nuclear 
     protective gear.
       ``(F) Body armor components intended to provide ballistic 
     protection for an individual, consisting of 1 or more of the 
     following:
       ``(i) Soft ballistic panels.
       ``(ii) Hard ballistic plates.
       ``(iii) Concealed armor carriers worn under a uniform.
       ``(iv) External armor carriers worn over a uniform.
       ``(G) Any other item as determined appropriate by the 
     Secretary.
       ``(2) Frontline operational component.--The term `frontline 
     operational component' means any of the following 
     organizations of the Department:
       ``(A) U.S. Customs and Border Protection.
       ``(B) U.S. Immigration and Customs Enforcement.
       ``(C) The United States Secret Service.
       ``(D) The Transportation Security Administration.
       ``(E) The Coast Guard.
       ``(F) The Federal Protective Service.
       ``(G) The Federal Emergency Management Agency.
       ``(H) The Federal Law Enforcement Training Centers.
       ``(I) The Cybersecurity and Infrastructure Security Agency.
       ``(b) Requirements.--
       ``(1) In general.--The Secretary shall ensure that any 
     procurement of a covered item for a frontline operational 
     component meets the following criteria:
       ``(A) To the maximum extent possible, not less than one-
     third of funds obligated in a specific fiscal year for the 
     procurement of such covered items shall be covered items that 
     are manufactured in the United States by entities that 
     qualify as small business concerns, as defined in section 3 
     of the Small Business Act (15 U.S.C. 632).
       ``(B) Each contractor with respect to the procurement of 
     such a covered item, including the end-item manufacturer of 
     such a covered item--
       ``(i) is an entity registered with the System for Award 
     Management (or successor system) administered by the General 
     Services Administration; and
       ``(ii) is in compliance with ISO 9001:2015 of the 
     International Organization for Standardization (or successor 
     standard) or a standard determined appropriate by the 
     Secretary to ensure the quality of products and adherence to 
     applicable statutory and regulatory requirements.
       ``(C) Each supplier of such a covered item with an insignia 
     (such as any patch, badge, or emblem) and each supplier of 
     such an insignia, if such covered item with such insignia or 
     such insignia, as the case may be, is not produced, applied, 
     or assembled in the United States, shall--
       ``(i) store such covered item with such insignia or such 
     insignia in a locked area;
       ``(ii) report any pilferage or theft of such covered item 
     with such insignia or such insignia occurring at any stage 
     before delivery of such covered item with such insignia or 
     such insignia; and
       ``(iii) destroy any such defective or unusable covered item 
     with insignia or insignia in a manner established by the 
     Secretary, and maintain records, for three years after the 
     creation of such records, of such destruction that include 
     the date of such destruction, a description of the covered 
     item with insignia or insignia destroyed, the quantity of the 
     covered item with insignia or insignia destroyed, and the 
     method of destruction.
       ``(2) Waiver.--
       ``(A) In general.--In the case of a national emergency 
     declared by the President under the National Emergencies Act 
     (50 U.S.C. 1601 et seq.) or a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), the Secretary may waive a requirement in subparagraph 
     (A), (B) or (C) of paragraph (1) if the Secretary determines 
     there is an insufficient supply of a covered item that meets 
     the requirement.
       ``(B) Notice.--Not later than 60 days after the date on 
     which the Secretary determines a waiver under subparagraph 
     (A) is necessary, the Secretary shall provide to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Appropriations of the Senate and the 
     Committee on Homeland Security, the Committee on Oversight 
     and Reform, and the Committee on Appropriations of the House 
     of Representatives notice of such determination, which shall 
     include--
       ``(i) identification of the national emergency or major 
     disaster declared by the President;
       ``(ii) identification of the covered item for which the 
     Secretary intends to issue the waiver; and
       ``(iii) a description of the demand for the covered item 
     and corresponding lack of supply from contractors able to 
     meet the criteria described in subparagraph (B) or (C) of 
     paragraph (1).
       ``(c) Pricing.--The Secretary shall ensure that covered 
     items are purchased at a fair and reasonable price, 
     consistent with the procedures and guidelines specified in 
     the Federal Acquisition Regulation.

[[Page S7569]]

       ``(d) Report.--Not later than 1 year after the date of 
     enactment of this section and annually thereafter, the 
     Secretary shall provide to the Committee on Homeland 
     Security, the Committee on Oversight and Reform, and the 
     Committee on Appropriations of the House of Representatives, 
     and the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate a 
     briefing on instances in which vendors have failed to meet 
     deadlines for delivery of covered items and corrective 
     actions taken by the Department in response to such 
     instances.
       ``(e) Effective Date.--This section applies with respect to 
     a contract entered into by the Department or any frontline 
     operational component on or after the date that is 180 days 
     after the date of enactment of this section.''.
       (b) Study.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a study of 
     the adequacy of uniform allowances provided to employees of 
     frontline operational components (as defined in section 836 
     of the Homeland Security Act of 2002, as added by subsection 
     (a)).
       (2) Requirements.--The study conducted under paragraph (1) 
     shall--
       (A) be informed by a Department-wide survey of employees 
     from across the Department of Homeland Security who receive 
     uniform allowances that seeks to ascertain what, if any, 
     improvements could be made to the current uniform allowances 
     and what, if any, impacts current allowances have had on 
     employee morale and retention;
       (B) assess the adequacy of the most recent increase made to 
     the uniform allowance for first year employees; and
       (C) consider increasing by 50 percent, at minimum, the 
     annual allowance for all other employees.
       (c) Additional Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall provide a report with recommendations on how the 
     Department of Homeland Security could procure additional 
     items from domestic sources and bolster the domestic supply 
     chain for items related to national security to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Homeland Security, the Committee on 
     Oversight and Reform, and the Committee on Appropriations of 
     the House of Representatives.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) a review of the compliance of the Department of 
     Homeland Security with the requirements under section 604 of 
     title VI of division A of the American Recovery and 
     Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items 
     related to national security interests from sources in the 
     United States; and
       (B) an assessment of the capacity of the Department of 
     Homeland Security to procure the following items from 
     domestic sources:
       (i) Personal protective equipment and other items necessary 
     to respond to a pandemic such as that caused by COVID-19.
       (ii) Helmets that provide ballistic protection and other 
     head protection and components.
       (iii) Rain gear, cold weather gear, and other environmental 
     and flame resistant clothing.
       (d) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 835 the following:

``Sec. 836. Requirements to buy certain items related to national 
              security interests.''.
                                 ______
                                 
  SA 4132. Mr. SCHUMER (for Mr. Menendez) proposed an amendment to the 
bill S. 1064, to advance the strategic alignment of United States 
diplomatic tools toward the realization of free, fair, and transparent 
elections in Nicaragua and to reaffirm the commitment of the United 
States to protect the fundamental freedoms and human rights of the 
people of Nicaragua, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Reinforcing Nicaragua's Adherence to Conditions for 
     Electoral Reform Act of 2021'' or the ``RENACER Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Review of participation of Nicaragua in Dominican Republic-
              Central America-United States Free Trade Agreement.
Sec. 4. Restrictions on international financial institutions relating 
              to Nicaragua.
Sec. 5. Targeted sanctions to advance democratic elections.
Sec. 6. Developing and implementing a coordinated sanctions strategy 
              with diplomatic partners.
Sec. 7. Inclusion of Nicaragua in list of countries subject to certain 
              sanctions relating to corruption.
Sec. 8. Classified report on the involvement of Ortega family members 
              and Nicaraguan government officials in corruption.
Sec. 9. Classified report on the activities of the Russian Federation 
              in Nicaragua.
Sec. 10. Report on certain purchases by and agreements entered into by 
              Government of Nicaragua relating to military or 
              intelligence sector of Nicaragua.
Sec. 11. Report on human rights abuses in Nicaragua.
Sec. 12. Supporting independent news media and freedom of information 
              in Nicaragua.
Sec. 13. Amendment to short title of Public Law 115-335.
Sec. 14. Definition.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) ongoing efforts by the government of President Daniel 
     Ortega in Nicaragua to suppress the voice and actions of 
     political opponents through intimidation and unlawful 
     detainment, civil society, and independent news media violate 
     the fundamental freedoms and basic human rights of the people 
     of Nicaragua;
       (2) Congress unequivocally condemns the politically 
     motivated and unlawful detention of presidential candidates 
     Cristiana Chamorro, Arturo Cruz, Felix Maradiaga, and Juan 
     Sebastian Chamorro;
       (3) Congress unequivocally condemns the passage of the 
     Foreign Agents Regulation Law, the Special Cybercrimes Law, 
     the Self-Determination Law, and the Consumer Protection Law 
     by the National Assembly of Nicaragua, which represent clear 
     attempts by the Ortega government to curtail the fundamental 
     freedoms and basic human rights of the people of Nicaragua;
       (4) Congress recognizes that free, fair, and transparent 
     elections predicated on robust reform measures and the 
     presence of domestic and international observers represent 
     the best opportunity for the people of Nicaragua to restore 
     democracy and reach a peaceful solution to the political and 
     social crisis in Nicaragua;
       (5) the United States recognizes the right of the people of 
     Nicaragua to freely determine their own political future as 
     vital to ensuring the sustainable restoration of democracy in 
     their country;
       (6) the United States should align the use of diplomatic 
     engagement and all other foreign policy tools, including the 
     use of targeted sanctions, in support of efforts by 
     democratic political actors and civil society in Nicaragua to 
     advance the necessary conditions for free, fair, and 
     transparent elections in Nicaragua;
       (7) the United States, in order to maximize the 
     effectiveness of efforts described in paragraph (6), should--
       (A) coordinate with diplomatic partners, including the 
     Government of Canada, the European Union, and partners in 
     Latin America and the Caribbean;
       (B) advance diplomatic initiatives in consultation with the 
     Organization of American States and the United Nations; and
       (C) thoroughly investigate the assets and holdings of the 
     Nicaraguan Armed Forces in the United States and consider 
     appropriate actions to hold such forces accountable for gross 
     violations of human rights; and
       (8) pursuant to section 6(b) of the Nicaragua Investment 
     Conditionality Act of 2018, the President should waive the 
     application of restrictions under section 4 of that Act and 
     the sanctions under section 5 of that Act if the Secretary of 
     State certifies that the Government of Nicaragua is taking 
     the steps identified in section 6(a) of that Act, including 
     taking steps to ``to hold free and fair elections overseen by 
     credible domestic and international observers''.

     SEC. 3. REVIEW OF PARTICIPATION OF NICARAGUA IN DOMINICAN 
                   REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE 
                   TRADE AGREEMENT.

       (a) Findings.--Congress makes the following findings:
       (1) On November 27, 2018, the President signed Executive 
     Order 13851 (50 U.S.C. 1701 note; relating to blocking 
     property of certain persons contributing to the situation in 
     Nicaragua), which stated that ``the situation in Nicaragua, 
     including the violent response by the Government of Nicaragua 
     to the protests that began on April 18, 2018, and the Ortega 
     regime's systematic dismantling and undermining of democratic 
     institutions and the rule of law, its use of indiscriminate 
     violence and repressive tactics against civilians, as well as 
     its corruption leading to the destabilization of Nicaragua's 
     economy, constitutes an unusual and extraordinary threat to 
     the national security and foreign policy of the United 
     States''.
       (2) Article 21.2 of the Dominican Republic-Central America-
     United States Free Trade Agreement approved by Congress under 
     section 101(a)(1) of the Dominican Republic-Central America-
     United States Free Trade Agreement Implementation Act (19 
     U.S.C. 4011(a)(1)) states, ``Nothing in this Agreement shall 
     be construed . . . to preclude a

[[Page S7570]]

     Party from applying measures that it considers necessary for 
     the fulfillment of its obligations with respect to the 
     maintenance or restoration of international peace or 
     security, or the protection of its own essential security 
     interests.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the President should review the continued participation of 
     Nicaragua in the Dominican Republic-Central America-United 
     States Free Trade Agreement if the Government of Nicaragua 
     continues to tighten its authoritarian rule in an attempt to 
     subvert democratic elections in November 2021 and undermine 
     democracy and human rights in Nicaragua.

     SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS 
                   RELATING TO NICARAGUA.

       Section 4 of the Nicaragua Investment Conditionality Act of 
     2018 is amended--
       (1) by redesignating subsections (a), (b), and (c) as 
     subsections (b), (c), and (d), respectively;
       (2) by inserting before subsection (b), as redesignated by 
     paragraph (1), the following:
       ``(a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Treasury should take all possible steps, 
     including through the full implementation of the exceptions 
     set forth in subsection (c), to ensure that the restrictions 
     required under subsection (b) do not negatively impact the 
     basic human needs of the people of Nicaragua.'';
       (3) in subsection (c), as so redesignated, by striking 
     ``subsection (a)'' and inserting ``subsection (b)''; and
       (4) by striking subsection (d), as so redesignated, and 
     inserting the following:
       ``(d) Increased Oversight.--
       ``(1) In general.--The United States Executive Director at 
     each international financial institution of the World Bank 
     Group, the United States Executive Director at the Inter-
     American Development Bank, and the United States Executive 
     Director at each other international financial institution, 
     including the International Monetary Fund, shall take all 
     practicable steps--
       ``(A) to increase scrutiny of any loan or financial or 
     technical assistance provided for a project in Nicaragua; and
       ``(B) to ensure that the loan or assistance is administered 
     through an entity with full technical, administrative, and 
     financial independence from the Government of Nicaragua.
       ``(2) Mechanisms for increased scrutiny.--The United States 
     Executive Director at each international financial 
     institution described in paragraph (1) shall use the voice, 
     vote, and influence of the United States to encourage that 
     institution to increase oversight mechanisms for new and 
     existing loans or financial or technical assistance provided 
     for a project in Nicaragua.
       ``(e) Interagency Consultation.--Before implementing the 
     restrictions described in subsection (b), or before 
     exercising an exception under subsection (c), the Secretary 
     of the Treasury shall consult with the Secretary of State and 
     with the Administrator of the United States Agency for 
     International Development to ensure that all loans and 
     financial or technical assistance to Nicaragua are consistent 
     with United States foreign policy objectives as defined in 
     section 3.
       ``(f) Report.--Not later than 180 days after the date of 
     the enactment of the RENACER Act, and annually thereafter 
     until the termination date specified in section 10, the 
     Secretary of the Treasury, in coordination with the Secretary 
     of State and the Administrator of the United States Agency 
     for International Development, shall submit to the 
     appropriate congressional committees a report on the 
     implementation of this section, which shall include--
       ``(1) summary of any loans and financial and technical 
     assistance provided by international financial institutions 
     for projects in Nicaragua;
       ``(2) a description of the implementation of the 
     restrictions described in subsection (b);
       ``(3) an identification of the occasions in which the 
     exceptions under subsection (c) are exercised and an 
     assessment of how the loan or assistance provided with each 
     such exception may address basic human needs or promote 
     democracy in Nicaragua;
       ``(4) a description of the results of the increased 
     oversight conducted under subsection (d); and
       ``(5) a description of international efforts to address the 
     humanitarian needs of the people of Nicaragua.''.

     SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.

       (a) Coordinated Strategy.--
       (1) In general.--The Secretary of State and the Secretary 
     of the Treasury, in consultation with the intelligence 
     community (as defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)), shall develop and implement a 
     coordinated strategy to align diplomatic engagement efforts 
     with the implementation of targeted sanctions in order to 
     support efforts to facilitate the necessary conditions for 
     free, fair, and transparent elections in Nicaragua.
       (2) Briefing required.--Not later than 90 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter until December 31, 2022, the Secretary of State 
     and the Secretary of the Treasury shall brief the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives on steps to 
     be taken by the United States Government to develop and 
     implement the coordinated strategy required by paragraph (1).
       (b) Targeted Sanctions Prioritization.--
       (1) In general.--Pursuant to the coordinated strategy 
     required by subsection (a), the President shall prioritize 
     the implementation of the targeted sanctions required under 
     section 5 of the Nicaragua Investment Conditionality Act of 
     2018.
       (2) Targets.--In carrying out paragraph (1), the 
     President--
       (A) shall examine whether foreign persons involved in 
     directly or indirectly obstructing the establishment of 
     conditions necessary for the realization of free, fair, and 
     transparent elections in Nicaragua are subject to sanctions 
     under section 5 of the Nicaragua Investment Conditionality 
     Act of 2018; and
       (B) should, in particular, examine whether the following 
     persons have engaged in conduct subject to such sanctions:
       (i) Officials in the government of President Daniel Ortega.
       (ii) Family members of President Daniel Ortega.
       (iii) High-ranking members of the National Nicaraguan 
     Police.
       (iv) High-ranking members of the Nicaraguan Armed Forces.
       (v) Members of the Supreme Electoral Council of Nicaragua.
       (vi) Officials of the Central Bank of Nicaragua.
       (vii) Party members and elected officials from the 
     Sandinista National Liberation Front and their family 
     members.
       (viii) Individuals or entities affiliated with businesses 
     engaged in corrupt financial transactions with officials in 
     the government of President Daniel Ortega, his party, or his 
     family.
       (ix) Individuals identified in the report required by 
     section 8 as involved in significant acts of public 
     corruption in Nicaragua.

     SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS 
                   STRATEGY WITH DIPLOMATIC PARTNERS.

       (a) Findings.--Congress makes the following findings:
       (1) On June 21, 2019, the Government of Canada, pursuant to 
     its Special Economic Measures Act, designated 9 officials of 
     the Government of Nicaragua for the imposition of sanctions 
     in response to gross and systematic human rights violations 
     in Nicaragua.
       (2) On May 4, 2020, the European Union imposed sanctions 
     with respect to 6 officials of the Government of Nicaragua 
     identified as responsible for serious human rights violations 
     and for the repression of civil society and democratic 
     opposition in Nicaragua.
       (3) On October 12, 2020, the European Union extended its 
     authority to impose restrictive measures on ``persons and 
     entities responsible for serious human rights violations or 
     abuses or for the repression of civil society and democratic 
     opposition in Nicaragua, as well as persons and entities 
     whose actions, policies or activities otherwise undermine 
     democracy and the rule of law in Nicaragua, and persons 
     associated with them''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should encourage the Government of Canada, 
     the European Union and governments of members countries of 
     the European Union, and governments of countries in Latin 
     America and the Caribbean to use targeted sanctions with 
     respect to persons involved in human rights violations and 
     the obstruction of free, fair, and transparent elections in 
     Nicaragua.
       (c) Coordinating International Sanctions.--The Secretary of 
     State, working through the head of the Office of Sanctions 
     Coordination established by section 1(h) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(h)), and in consultation with the Secretary of the 
     Treasury, shall engage in diplomatic efforts with governments 
     of countries that are partners of the United States, 
     including the Government of Canada, governments of countries 
     in the European Union, and governments of countries in Latin 
     America and the Caribbean, to impose targeted sanctions with 
     respect to the persons described in section 5(b) in order to 
     advance democratic elections in Nicaragua.
       (d) Briefing Requirement.--Not later than 90 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter until December 31, 2022, the Secretary of State, 
     in consultation with the Secretary of the Treasury, shall 
     brief the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives on the implementation of this section.

     SEC. 7. INCLUSION OF NICARAGUA IN LIST OF COUNTRIES SUBJECT 
                   TO CERTAIN SANCTIONS RELATING TO CORRUPTION.

       Section 353 of title III of division FF of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260) is amended--
       (1) in the section heading, by striking ``and honduras'' 
     and inserting ``, honduras, and nicaragua''; and
       (2) by striking ``and Honduras'' each place it appears and 
     inserting ``, Honduras, and Nicaragua''.

     SEC. 8. CLASSIFIED REPORT ON THE INVOLVEMENT OF ORTEGA FAMILY 
                   MEMBERS AND NICARAGUAN GOVERNMENT OFFICIALS IN 
                   CORRUPTION.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of State, acting 
     through the Bureau of Intelligence and Research of the 
     Department of State, and in coordination with the Director of 
     National Intelligence, shall submit a classified report to

[[Page S7571]]

     the appropriate congressional committees on significant acts 
     of public corruption in Nicaragua that--
       (1) involve--
       (A) the President of Nicaragua, Daniel Ortega;
       (B) members of the family of Daniel Ortega; and
       (C) senior officials of the Ortega government, including--
       (i) members of the Supreme Electoral Council, the 
     Nicaraguan Armed Forces, and the National Nicaraguan Police; 
     and
       (ii) elected officials from the Sandinista National 
     Liberation Front party;
       (2) pose challenges for United States national security and 
     regional stability;
       (3) impede the realization of free, fair, and transparent 
     elections in Nicaragua; and
       (4) violate the fundamental freedoms of civil society and 
     political opponents in Nicaragua.
       (b) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 9. CLASSIFIED REPORT ON THE ACTIVITIES OF THE RUSSIAN 
                   FEDERATION IN NICARAGUA.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of State, acting 
     through the Bureau of Intelligence and Research of the 
     Department of State, and in coordination with the Director of 
     National Intelligence, shall submit a classified report to 
     the appropriate congressional committees on activities of the 
     Government of the Russian Federation in Nicaragua, 
     including--
       (1) cooperation between Russian and Nicaraguan military 
     personnel, intelligence services, security forces, and law 
     enforcement, and private Russian security contractors;
       (2) cooperation related to telecommunications and satellite 
     navigation;
       (3) other political and economic cooperation, including 
     with respect to banking, disinformation, and election 
     interference; and
       (4) the threats and risks that such activities pose to 
     United States national interests and national security.
       (b) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 10. REPORT ON CERTAIN PURCHASES BY AND AGREEMENTS 
                   ENTERED INTO BY GOVERNMENT OF NICARAGUA 
                   RELATING TO MILITARY OR INTELLIGENCE SECTOR OF 
                   NICARAGUA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, acting 
     through the Bureau of Intelligence and Research of the 
     Department of State, and in coordination with the Director of 
     National Intelligence and the Director of the Defense 
     Intelligence Agency, shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a report that includes--
       (1) a list of--
       (A) all equipment, technology, or infrastructure with 
     respect to the military or intelligence sector of Nicaragua 
     purchased, on or after January 1, 2011, by the Government of 
     Nicaragua from an entity identified by the Department of 
     State under section 231(e) of the Countering America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9525(e)); and
       (B) all agreements with respect to the military or 
     intelligence sector of Nicaragua entered into, on or after 
     January 1, 2011, by the Government of Nicaragua with an 
     entity described in subparagraph (A); and
       (2) a description of and date for each purchase and 
     agreement described in paragraph (1).
       (b) Consideration.--The report required by subsection (a) 
     shall be prepared after consideration of the content of the 
     report of the Defense Intelligence Agency entitled, ``Russia: 
     Defense Cooperation with Cuba, Nicaragua, and Venezuela'' and 
     dated February 4, 2019.
       (c) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.

     SEC. 11. REPORT ON HUMAN RIGHTS ABUSES IN NICARAGUA.

       (a) Findings.--Congress finds that, since the June 2018 
     initiation of ``Operation Clean-up'', an effort of the 
     government of Daniel Ortega to dismantle barricades 
     constructed throughout Nicaragua during social demonstrations 
     in April 2018, the Ortega government has increased its abuse 
     of campesinos and members of indigenous communities, 
     including arbitrary detentions, torture, and sexual violence 
     as a form of intimidation.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     that documents the perpetration of gross human rights 
     violations by the Ortega government against the citizens of 
     Nicaragua, including campesinos and indigenous communities in 
     the interior of Nicaragua.
       (c) Elements.--The report required by subsection (b) 
     shall--
       (1) include a compilation of human rights violations 
     committed by the Ortega government against the citizens of 
     Nicaragua, with a focus on such violations committed since 
     April 2018, including human rights abuses and extrajudicial 
     killings in--
       (A) the cities of Managua, Carazo, and Masaya between April 
     and June of 2018; and
       (B) the municipalities of Wiwili, El Cua, San Jose de 
     Bocay, and Santa Maria de Pantasma in the Department of 
     Jinotega, Esquipulas in the Department of Rivas, and Bilwi in 
     the North Caribbean Coast Autonomous Region between 2018 and 
     2021;
       (2) outline efforts by the Ortega government to intimidate 
     and disrupt the activities of civil society organizations 
     attempting to hold the government accountable for infringing 
     on the fundamental rights and freedoms of the people of 
     Nicaragua; and
       (3) provide recommendations on how the United States, in 
     collaboration with international partners and Nicaraguan 
     civil society, should leverage bilateral and regional 
     relationships to curtail the gross human rights violations 
     perpetrated by the Ortega government and better support the 
     victims of human rights violations in Nicaragua.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 12. SUPPORTING INDEPENDENT NEWS MEDIA AND FREEDOM OF 
                   INFORMATION IN NICARAGUA.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of State, the 
     Administrator for the United States Agency for International 
     Development, and the Chief Executive Officer of the United 
     States Agency for Global Media, shall submit to Congress a 
     report that includes--
       (1) an evaluation of the governmental, political, and 
     technological obstacles faced by the people of Nicaragua in 
     their efforts to obtain accurate, objective, and 
     comprehensive news and information about domestic and 
     international affairs; and
       (2) a list of all TV channels, radio stations, online news 
     sites, and other media platforms operating in Nicaragua that 
     are directly or indirectly owned or controlled by President 
     Daniel Ortega, members of the Ortega family, or known allies 
     of the Ortega government.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) an assessment of the extent to which the current level 
     and type of news and related programming and content provided 
     by the Voice of America and other sources is addressing the 
     informational needs of the people of Nicaragua;
       (2) a description of existing United States efforts to 
     strengthen freedom of the press and freedom of expression in 
     Nicaragua, including recommendations to expand upon those 
     efforts; and
       (3) a strategy for strengthening independent broadcasting, 
     information distribution, and media platforms in Nicaragua.

     SEC. 13. AMENDMENT TO SHORT TITLE OF PUBLIC LAW 115-335.

       Section 1(a) of the Nicaragua Human Rights and 
     Anticorruption Act of 2018 (Public Law 115-335; 50 U.S.C. 
     1701 note) is amended to read as follows:
       ``(a) Short Title.--This Act may be cited as the `Nicaragua 
     Investment Conditionality Act of 2018' or the `NICA Act'.''.

     SEC. 14. DEFINITION.

       In this Act, the term ``Nicaragua Investment Conditionality 
     Act of 2018'' means the Public Law 115-335 (50 U.S.C. 1701 
     note), as amended by section 13.

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