[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7607-S7685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4133. 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:


[[Page S7608]]


  

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

     SEC. 1224. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) The Authorization for Use of Military Force Against 
     Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 
     1541 note), enacted on January 14, 1991 (in this preamble 
     ``the 1991 AUMF''), and the Authorization for Use of Military 
     Force Against Iraq Resolution of 2002 (Public Law 107-243; 
     116 Stat. 1498; 50 U.S.C. 1541 note), enacted on October 16, 
     2002 (in this preamble ``the 2002 AUMF''), currently remain 
     valid law.
       (2) Recent presidential administrations have maintained 
     that the 2002 AUMF only serves to ``reinforce'' any legal 
     authority to combat ISIS provided by the Authorization for 
     Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 
     U.S.C. 1541), enacted September 18, 2001, and is not 
     independently required to authorize any such activities.
       (3) Repealing the 1991 AUMF and the 2002 AUMF would 
     therefore not affect ongoing United States military 
     operations.
       (4) Since 2014, United States military forces have operated 
     in Iraq at the request of the Government of Iraq for the sole 
     purpose of supporting its efforts to combat ISIS, consistent 
     with the Strategic Framework Agreement that Iraq and the 
     United States signed on November 17, 2008.
       (5) During a press briefing on December 24, 2020, Commander 
     of the United States Central Command, General Frank McKenzie, 
     reiterated that United States forces are in Iraq ``at their 
     invitation''.
       (6) Secretary of State Antony J. Blinken and Prime Minister 
     Mustafa Al-Kadhimi of Iraq discussed ``the Iraqi government's 
     responsibility and commitment to protect U.S. and Coalition 
     personnel in Iraq at the government's invitation to fight 
     ISIS'' in a February 16, 2021, phone call.
       (7) Secretary of Defense Lloyd J. Austin III stated on 
     February 19, 2021, that he ``welcomed that expanded NATO 
     mission in Iraq that responds to the desires and aspirations 
     of the Iraqi government''.
       (8) In a February 23, 2021, call with Prime Minister 
     Mustafa Al-Kadhimi of Iraq, President Joseph R. Biden 
     affirmed United States support for Iraq's ``sovereignty and 
     independence''.
       (9) Neither the 1991 AUMF nor the 2002 AUMF are being used 
     as the sole legal basis for any detention of enemy combatants 
     currently held by the United States.
       (10) Authorizations for the use of military force that are 
     no longer necessary should have a clear political and legal 
     ending.
       (b) Repeal of Authorization for Use of Military Force 
     Against Iraq Resolution.--The Authorization for Use of 
     Military Force Against Iraq Resolution (Public Law 102-1; 105 
     Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
       (c) Repeal of Authorization for Use of Military Force 
     Against Iraq Resolution of 2002.--The Authorization for Use 
     of Military Force Against Iraq Resolution of 2002 (Public Law 
     107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby 
     repealed.
                                 ______
                                 
  SA 4134. 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. 1283. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY 
                   PARTICIPANTS IN THE AMERICAN, BRITISH, 
                   CANADIAN, AND AUSTRALIAN ARMIES' PROGRAM.

       Section 1274 of the National Defense Authorization Act for 
     Fiscal Year 2013 (10 U.S.C. 2350a note) is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Contributions by Participants.--
       ``(1) In general.--An agreement under subsection (a) shall 
     provide that--
       ``(A) the United States, as the host country for the 
     Program, shall provide office facilities and related office 
     equipment and supplies for the Program; and
       ``(B) each participating country shall contribute its 
     equitable share of the remaining costs for the Program, 
     including--
       ``(i) the agreed upon share of administrative costs related 
     to the Program, except the costs for facilities and equipment 
     and supplies described in subparagraph (A); and
       ``(ii) any amount allocated against the country for 
     monetary claims as a result of participation in the Program, 
     in accordance with the agreement.
       ``(2) Equitable contributions.--The contributions, as 
     allocated under paragraph (1) and set forth in an agreement 
     under subsection (a), shall be considered equitable for 
     purposes of this subsection and section 27(c) of the Arms 
     Export Control Act (22 U.S.C. 2767(c)).
       ``(3) Authorized contribution.--An agreement under 
     subsection (a) shall provide that each participating country 
     may provide its contribution in funds, in personal property, 
     in services required for the Program, or any combination 
     thereof.
       ``(4) Funding for united states contribution.--Any monetary 
     contribution by the United States to the Program that is 
     provided in funds shall be made from funds available to the 
     Department of Defense for operation and maintenance.
       ``(5) Contributions and reimbursements from other 
     participating countries.--
       ``(A) In general.--The Secretary of Defense may accept from 
     any other participating country a contribution or 
     reimbursement of funds, personal property, or services made 
     by the participating country in furtherance of the Program.
       ``(B) Credit to appropriations.--Any contribution or 
     reimbursement of funds received by the United States from any 
     other participating country to meet that country's share of 
     the costs of the Program shall be credited to the 
     appropriations available to the appropriate military 
     department, as determined by the Secretary of Defense.
       ``(C) Treatment of personal property.--Any contribution or 
     reimbursement of personal property received under this 
     paragraph may be--
       ``(i) retained and used by the Program in the form in which 
     it was contributed;
       ``(ii) sold or otherwise disposed of in accordance with 
     such terms, conditions, and procedures as the members of the 
     Program consider appropriate, and any resulting proceeds 
     shall be credited to appropriations of the appropriate 
     military department, as described in subparagraph (B); or
       ``(iii) converted into a form usable by the Program.
       ``(D) Use of credited funds.--
       ``(i) In general.--Amounts credited under subparagraph (B) 
     or (C)(ii) shall be--

       ``(I) merged with amounts in the appropriation concerned;
       ``(II) subject to the same conditions and limitations as 
     amounts in such appropriation; and
       ``(III) available for payment of Program expenses described 
     in clause (ii).

       ``(ii) Program expenses described.--The Program expenses 
     described in this clause include--

       ``(I) payments to contractors and other suppliers, 
     including the Department of Defense and participating 
     countries acting as suppliers, for necessary goods and 
     services of the Program;
       ``(II) payments for any damages or costs resulting from the 
     performance or cancellation of any contract or other 
     obligation in support of the Program;
       ``(III) payments or reimbursements for other Program 
     expenses; or
       ``(IV) refunds to other participating countries.''; and

       (2) by striking subsection (g).
                                 ______
                                 
  SA 4135. 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 end of subtitle B of title III, add the following:

     SEC. 318. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT 
                   PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE 
                   ACCESS ROADS.

       (a) In General.--Subchapter I of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2815 the following new section:

     ``Sec. 2815a. Stormwater management projects for installation 
       and defense access road resilience and waterway and 
       ecosystems conservation

       ``(a) Projects Authorized.--The Secretary concerned may 
     carry out a stormwater management project on or related to a 
     military installation for the purpose of--
       ``(1) improving military installation resilience or the 
     resilience of a defense access road or other essential 
     civilian infrastructure supporting the military installation; 
     and
       ``(2) protecting nearby waterways and stormwater-stressed 
     ecosystems.
       ``(b) Project Methods and Funding Sources.--A stormwater 
     management project may be carried out under this section as, 
     or as part of, any of the following:
       ``(1) An authorized military construction project.
       ``(2) An unspecified minor military construction project 
     under section 2805 of this title, including using 
     appropriations available for operation and maintenance 
     subject to the limitation in subsection (c) of such section.
       ``(3) A military installation resilience project under 
     section 2815 of this title, including using appropriations 
     available for operations and maintenance subject to the 
     limitation of subsection (e)(3) of such section.
       ``(4) A defense community infrastructure resilience project 
     under section 2391(d) of this title.
       ``(5) A military construction project under section 2914 of 
     this title.
       ``(6) A reserve component facility project under section 
     18233 of this title.

[[Page S7609]]

       ``(7) A defense access road project under section 210 of 
     title 23.
       ``(c) Project Priorities.--In selecting stormwater 
     management projects to be carried out under this section, the 
     Secretary concerned shall give a priority to project 
     proposals involving the retrofitting of buildings and grounds 
     on a military installation or retrofitting a defense access 
     road to reduce stormwater runoff.
       ``(d) Project Activities.--Activities carried out as part 
     of a stormwater management project under this section may 
     include the following:
       ``(1) The installation, expansion, or refurbishment of 
     stormwater ponds and other water-slowing and retention 
     measures.
       ``(2) The installation of permeable pavement in lieu of, or 
     to replace existing, nonpermeable pavement.
       ``(3) The use of planters, tree boxes, cisterns, and rain 
     gardens to reduce stormwater runoff.
       ``(e) Project Coordination.--In the case of a stormwater 
     management project carried out under this section on or 
     related to a military installation and any project related to 
     the same installation carried out under section 2391(d), 
     2815, or 2914 of this title, the Secretary concerned shall 
     ensure coordination between the projects regarding the water 
     access, management, conservation, security, and resilience 
     aspects of the projects.
       ``(f) Annual Report.--(1) Not later than 90 days after the 
     end of each fiscal year, each Secretary concerned shall 
     submit to the congressional defense committees a report 
     describing--
       ``(A) the status of planned and active stormwater 
     management projects carried out by that Secretary under this 
     section; and
       ``(B) all projects completed by that Secretary during the 
     previous fiscal year.
       ``(2) Each report submitted under paragraph (1) shall 
     include, with respect to each stormwater management project 
     described in the report, the following information:
       ``(A) The title, location, a brief description of the scope 
     of work, the original project cost estimate, and the current 
     working cost estimate.
       ``(B) The rationale for how the project will--
       ``(i) improve military installation resilience or the 
     resilience of a defense access road or other essential 
     civilian infrastructure supporting a military installation; 
     and
       ``(ii) protect waterways and stormwater-stressed 
     ecosystems.
       ``(C) Such other information as the Secretary concerned 
     considers appropriate.
       ``(g) Definitions.--In this section:
       ``(1) The term `defense access road' means a road certified 
     to the Secretary of Transportation as important to the 
     national defense under section 210 of title 23.
       ``(2) The terms `facility' and `State' have the meanings 
     given those terms in section 18232 of this title.
       ``(3) The term `military installation' includes a facility 
     of a reserve component of an armed force owned by a State 
     rather than the United States.
       ``(4) The term `Secretary concerned' means--
       ``(A) the Secretary of a military department with respect 
     to military installations under the jurisdiction of that 
     Secretary; and
       ``(B) the Secretary of Defense with respect to matters 
     concerning the Defense Agencies and facilities of a reserve 
     component owned by a State rather than the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of such title is amended by 
     inserting after the item relating to section 2815 the 
     following new item:
       

``2815a. Stormwater management projects for installation and defense 
              access road resilience and waterway and ecosystems 
              conservation.''.
                                 ______
                                 
  SA 4136. Mrs. GILLIBRAND (for herself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:
        At the end of subtitle G of title V, add the following:

     SEC. 596. AUTHORIZATIONS FOR CERTAIN AWARDS.

       (a) Short Title.--This section may be cited as the 
     ``Memorializing Overwhelmingly Gallant Actions that Defended 
     Individual Soldiers and Honored Units Act'' or ``MOGADISHU 
     Act''.
       (b) Distinguished Service Cross to Earl R. Fillmore, Jr. 
     for Acts of Valor in Somalia.--
       (1) Waiver of time limitations.--Notwithstanding the time 
     limitations specified in section 7274 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the Secretary of the Army may award the Distinguished 
     Service Cross under section 7272 of such title to Earl R. 
     Fillmore, Jr. for the acts of valor in Somalia described in 
     paragraph (2).
       (2) Acts of valor described.--The acts of valor referred to 
     in paragraph (1) are the actions of Earl R. Fillmore, Jr. on 
     October 3, 1993, in Somalia for which he was previously 
     awarded the Silver Star Medal.
       (c) Distinguished Service Cross to William F. Thetford for 
     Acts of Valor in Somalia.--
       (1) Waiver of time limitations.--Notwithstanding the time 
     limitations specified in section 7274 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the Secretary of the Army may award the Distinguished 
     Service Cross under section 7272 of such title to William F. 
     Thetford for the acts of valor in Somalia described in 
     paragraph (2).
       (2) Acts of valor described.--The acts of valor referred to 
     in paragraph (1) are the actions of William F. Thetford on 
     October 3 and 4, 1993, in Somalia for which he was previously 
     awarded the Silver Star Medal.
       (d) Distinguished Service Cross to John G. Macejunas for 
     Acts of Valor in Somalia.--
       (1) Waiver of time limitations.--Notwithstanding the time 
     limitations specified in section 7274 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the Secretary of the Army may award the Distinguished 
     Service Cross under section 7272 of such title to John G. 
     Macejunas for the acts of valor in Somalia described in 
     paragraph (2).
       (2) Acts of valor described.--The acts of valor referred to 
     in paragraph (1) are the actions of John G. Macejunas on 
     October 3 and 4, 1993, in Somalia for which he was previously 
     awarded the Silver Star Medal.
       (e) Distinguished Service Cross to Robert L. Mabry for Acts 
     of Valor in Somalia.--
       (1) Waiver of time limitations.--Notwithstanding the time 
     limitations specified in section 7274 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the Secretary of the Army may award the Distinguished 
     Service Cross under section 7272 of such title to Robert L. 
     Mabry for the acts of valor in Somalia described in paragraph 
     (2).
       (2) Acts of valor described.--The acts of valor referred to 
     in paragraph (1) are the actions of Robert L. Mabry on 
     October 3 and 4, 1993, in Somalia for which he was previously 
     awarded the Silver Star Medal.
                                 ______
                                 
  SA 4137. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 576. CLARIFICATION AND EXPANSION OF PROHIBITION ON 
                   GENDER-SEGREGATED TRAINING IN THE MARINE CORPS.

       Section 565 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 8431 note 
     prec.) is amended--
       (1) in the heading, by inserting ``and officer candidates 
     school'' after ``depots'';
       (2) in subsection (a)(1)--
       (A) by striking ``training'' and inserting ``no training 
     platoon'' ; and
       (B) by striking ``not'';
       (3) in subsection (b)(1)--
       (A) by striking ``training'' and inserting ``no training 
     platoon'' ; and
       (B) by striking ``not''; and
       (4) by adding at the end the following new subsections:
       ``(c) New Location.--No training platoon at a Marine Corps 
     recruit depot established after the date of the enactment of 
     this Act may be segregated based on gender.
       ``(d) Officer Candidates School.--
       ``(1) Prohibition.--Subject to paragraph (2), training at 
     Officer Candidates School, Quantico, Virginia, may not be 
     segregated based on gender.
       ``(2) Deadline.--The Commandant of the Marine Corps shall 
     carry out this subsection not later than five years after the 
     date of the enactment of this Act.''.
                                 ______
                                 
  SA 4138. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S7610]]

  


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

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

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

       ``(a) Authority to Issue Military Court Protective 
     Orders.--The President shall prescribe regulations 
     authorizing military judges and military magistrates to issue 
     protective orders in accordance with this section. A 
     protective order issued in accordance with this section shall 
     be known as a `military court protective order'. Under the 
     regulations prescribed by the President, military judges and 
     military magistrates shall have exclusive jurisdiction over 
     the issuance, appeal, renewal, and termination of military 
     court protective orders and such orders may not be issued, 
     appealed, renewed, or terminated by State, local, 
     territorial, or tribal courts.
       ``(b) Enforcement by Civilian Authorities.--
       ``(1) In general.--In prescribing regulations for military 
     court protective orders, the President shall seek to ensure 
     that the protective orders are issued in a form and manner 
     that is enforceable by State, local, territorial, and tribal 
     civilian law enforcement authorities.
       ``(2) Full faith and credit.--Any military court protective 
     order shall be accorded full faith and credit by the court of 
     a State, local, territorial, or tribal jurisdiction (the 
     enforcing jurisdiction) and enforced by the court and law 
     enforcement personnel of that jurisdiction as if it were the 
     order of the enforcing jurisdiction.
       ``(3) Reciprocity agreements.--Consistent with paragraphs 
     (1) and (2), the Secretary of Defense shall seek to enter 
     into reciprocity agreements with State, local, territorial, 
     and tribal civilian law enforcement authorities under which--
       ``(A) such authorities agree to enforce military court 
     protective orders; and
       ``(B) the Secretary agrees to enforce protective orders 
     issued by such authorities that are consistent with section 
     2265(b) of title 18.
       ``(c) Purpose and Form of Issuance.--A military court 
     protective order--
       ``(1) may be issued for the purpose of protecting a victim 
     of an alleged covered offense, or a family member or 
     associate of the victim, from a person subject to chapter 47 
     of this title (the Uniform Code of Military Justice) who is 
     alleged to have committed such an offense; and
       ``(2) shall include--
       ``(A) a finding regarding whether such person represents a 
     credible threat to the physical safety of such alleged 
     victim;
       ``(B) a finding regarding whether the alleged victim is an 
     intimate partner or child of such person; and
       ``(C) if applicable, terms explicitly prohibiting the use, 
     attempted use, or threatened use of physical force that would 
     reasonably be expected to cause bodily injury against such 
     intimate partner or child.
       ``(d) Burden of Proof.--In determining whether to issue a 
     military court protective order, a military judge or military 
     magistrate shall make all relevant findings by a 
     preponderance of the evidence. The burden shall be on the 
     party requesting the order to produce sufficient information 
     to satisfy the preponderance of the evidence standard 
     referred to in the preceding sentence.
       ``(e) Timing and Manner of Issuance.--A military court 
     protective order may be issued--
       ``(1) by a military magistrate, before referral of charges 
     and specifications to court-martial for trial, at the request 
     of--
       ``(A) a victim of an alleged covered offense; or
       ``(B) a Special Victims' Counsel or other qualified counsel 
     acting on behalf of the victim; or
       ``(2) by a military judge, after referral of charges and 
     specifications to court-martial for trial, at the request of 
     qualified counsel, which may include a Special Victims' 
     Counsel acting on behalf of the victim or trial counsel 
     acting on behalf of the prosecution.
       ``(f) Duration and Renewal of Protective Order.--
       ``(1) Duration.--A military court protective order shall be 
     issued for an initial period of up to 180 days and may be 
     reissued for one or more additional periods, each of which 
     may be up to 180 days, in accordance with paragraph (2).
       ``(2) Expiration and renewal.--Before the expiration of any 
     period during which a military court protective order is in 
     effect, a military judge or military magistrate shall review 
     the order to determine whether the order will terminate at 
     the expiration of such period or be reissued for an 
     additional period of up to 180 days.
       ``(3) Notice to protected persons.--If a military judge or 
     military magistrate determines under paragraph (2) that a 
     military court protective order will terminate, the judge or 
     magistrate concerned shall direct that each person protected 
     by the order be provided with reasonable, timely, and 
     accurate notification of the termination.
       ``(g) Review of Magistrate-issued Orders.--
       ``(1) Review.--A military judge, at the request of the 
     person subject to a military court protective order that was 
     issued by a military magistrate, may review the order to 
     determine if the order was properly issued by the magistrate.
       ``(2) Standards of review.--A military judge who reviews an 
     order under paragraph (1) shall terminate the order if the 
     judge determines that--
       ``(A) the military magistrate's decision to issue the order 
     was an abuse of discretion, and there is not sufficient 
     information presented to the military judge to justify the 
     order; or
       ``(B) information not presented to the military magistrate 
     establishes that the military court protective order should 
     be terminated.
       ``(h) Due Process.--
       ``(1) Protection of due process.--Except as provided in 
     paragraph (2), a protective order authorized under subsection 
     (a) may be issued only after reasonable notice and 
     opportunity to be heard and to present evidence, directly or 
     through counsel, is given to the person against whom the 
     order is sought sufficient to protect that person's right to 
     due process.
       ``(2) Emergency orders.--A protective order on an emergency 
     basis may be issued on an ex parte basis under such rules and 
     limitations as the President shall prescribe. In the case of 
     ex parte orders, notice and opportunity to be heard and to 
     present evidence must be provided within a reasonable time 
     not to exceed 30 calendar days after the date on which the 
     order is issued, sufficient to protect the respondent's due 
     process rights.
       ``(i) Rights of Victim.--The victim of an alleged covered 
     offense who seeks a military court protective order has, in 
     addition to any rights provided under section 806b (article 
     6b), the following rights with respect to any proceeding 
     involving the protective order:
       ``(1) The right to reasonable, accurate, and timely notice 
     of the proceeding and of any change in the status of the 
     protective order resulting from the proceeding.
       ``(2) The right to be reasonably heard at the proceeding.
       ``(3) The right to appear in person, with or without 
     counsel, at the proceeding.
       ``(4) The right be represented by qualified counsel in 
     connection with the proceeding, which may include a Special 
     Victims' Counsel.
       ``(5) The reasonable right to confer with a representative 
     of the command of the accused and counsel representing the 
     government at the proceeding, as applicable.
       ``(6) The right to submit a written statement, directly or 
     through counsel, for consideration by the military judge or 
     military magistrate presiding over the proceeding.
       ``(j) Restrictions on Access to Firearms.--
       ``(1) In general.--Notwithstanding any other provision of 
     law--
       ``(A) a military court protective order issued on an ex 
     parte basis shall restrain a person from possessing, 
     receiving, or otherwise accessing a firearm; and
       ``(B) a military court protective order issued after the 
     person to be subject to the order has received notice and 
     opportunity to be heard on the order, shall restrain such 
     person from possessing, receiving, or otherwise accessing a 
     firearm in accordance with section 922 of title 18.
       ``(2) Notice to attorneys general.--
       ``(A) Notice of issuance.--Not later than 72 hours after 
     the issuance of an order described in paragraph (1), the 
     Secretary concerned shall submit a record of the order--
       ``(i) to the Attorney General of the United States; and
       ``(ii) to the Attorney General of the State or Territory in 
     which the order is issued
       ``(B) Notice of recission or expiration.--Not later than 72 
     hours after the recission or expiration of an order described 
     in paragraph (1), the Secretary concerned shall submit notice 
     of such recission or expiration to the Attorneys General 
     specified in subparagraph (A).
       ``(k) Treatment as Lawful Order.--A military court 
     protective order shall be treated as a lawful order for 
     purposes of the application of section 892 (article 92) and a 
     violation of such an order shall be punishable under such 
     section (article).
       ``(l) Command Matters.--
       ``(1) Inclusion in personnel file.--Any military court 
     protective order against a member shall be placed and 
     retained in the military personnel file of the member, except 
     that such protective order shall be removed from the military 
     personnel file of the member if the member is acquitted of 
     the offense to which the order pertains, it is determined 
     that the member did not commit the act giving rise to the 
     protective order, or it is determined that the protective 
     order was issued in error.
       ``(2) Notice to civilian law enforcement of issuance.--Any 
     military court protective order against a member shall be 
     treated as a military protective order for purposes of 
     section 1567a including for purposes of mandatory 
     notification of issuance to Federal and State civilian law 
     enforcement agencies as required by that section.
       ``(m) Relationship to Other Authorities.--Nothing in this 
     section may be construed as prohibiting--
       ``(1) a commanding officer from issuing or enforcing any 
     otherwise lawful order in the nature of a protective order to 
     or against members of the officer's command;

[[Page S7611]]

       ``(2) pretrial restraint in accordance with Rule for 
     Courts-Martial 304 (as set forth in the Manual for Courts-
     Martial, 2019 edition, or any successor rule); or
       ``(3) pretrial confinement in accordance with Rule for 
     Courts-Martial 305 (as set forth in the Manual for Courts-
     Martial, 2019 edition, or any successor rule).
       ``(n) Delivery to Certain Persons.--A physical and 
     electronic copy of any military court protective order shall 
     be provided, as soon as practicable after issuance, to the 
     following:
       ``(1) The person or persons protected by the protective 
     order or to the guardian of such a person if such person is 
     under the age of 18 years.
       ``(2) The person subject to the protective order.
       ``(3) To such commanding officer in the chain of command of 
     the person subject to the protective order as the President 
     shall prescribe for purposes of this section.
       ``(o) Definitions.--In this section:
       ``(1) Contact.--The term `contact' includes contact in 
     person or through a third party, or through gifts,
       ``(2) Communication.--The term `communication' includes 
     communication in person or through a third party, and by 
     telephone or in writing by letter, data fax, or other 
     electronic means.
       ``(3) Covered offense.--The term `covered offense' means 
     the following:
       ``(A) An alleged offense under section 920, 920a, 920b, 
     920c, or 920d of this title (article 120, 120a, 120b, 120c, 
     or 120d of the Uniform Code of Military Justice).
       ``(B) An alleged offense of stalking under section 930 of 
     this title (article 130 of the Uniform Code of Military 
     Justice).
       ``(C) An alleged offense of domestic violence under section 
     928b of this title (article 128b of the Uniform Code of 
     Military Justice).
       ``(D) A conspiracy to commit an offense specified in 
     subparagraphs (A) through (C) as punishable under section 881 
     of this title (article 81 of the Uniform Code of Military 
     Justice).
       ``(E) A solicitation to commit an offense specified in 
     subparagraphs (A) through (C) as punishable under section 882 
     of this title (article 82 of the Uniform Code of Military 
     Justice).
       ``(F) An attempt to commit an offense specified in 
     subparagraphs (A) through (C) as punishable under section 880 
     of this title (article 80 of the Uniform Code of Military 
     Justice).
       ``(4) Military judge and military magistrate.--The terms 
     `military judge' and `military magistrate' mean a 
     commissioned officer of the armed forces who is a member of 
     the bar of a Federal court or a member of the bar of the 
     highest court of a State and who is certified to be 
     qualified, by reason of education, training, experience, and 
     judicial temperament, for duty as a military judge or 
     magistrate by the Judge Advocate General of the armed force 
     of which the officer is a member.
       ``(5) Protective order.--The term `protective order' means 
     an order that--
       ``(A) restrains a person from harassing, stalking, 
     threatening, or otherwise contacting or communicating with a 
     victim of an alleged covered offense, or a family member or 
     associate of the victim, or engaging in other conduct that 
     would place such other person in reasonable fear of bodily 
     injury to any such other person;
       ``(B) by its terms, explicitly prohibits--
       ``(i) the use, attempted use, or threatened use of physical 
     force by the person against a victim of an alleged covered 
     offense, or a family member or associate of the victim, that 
     would reasonably be expected to cause bodily injury;
       ``(ii) the initiation by the person restrained of any 
     contact or communication with such other person;
       ``(iii) any other behavior by the person restrained that 
     the court deems necessary to provide for the safety and 
     welfare of the victim of an alleged covered offense, or a 
     family member or associate of the victim; or
       ``(iv) actions described by any of clauses (i) through 
     (iii).
       ``(6) Special victims' counsel.--The term `Special Victims 
     Counsel' means a Special Victims' Counsel described in 
     section 1044e and includes a Victims' Legal Counsel of the 
     Navy.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1567b. Authority of military judges and military magistrates to issue 
              military court protective orders.''.
       (3) Implementation.--The President shall prescribe 
     regulations implementing section 1567b of title 10, United 
     States Code (as added by paragraph (1)), by not later than 
     one year after the date of the enactment of this Act.
       (b) Domestic Violence Training.--The Secretary of Defense 
     shall prescribe regulations requiring annual domestic 
     violence training for military judges and military 
     magistrates, including for purposes of carrying out section 
     1567b of title 10, United States Code (as added by paragraph 
     (1)).
       (c) No Authorization of Additional Personnel or 
     Resources.--This section and section 1567 of title 10, United 
     States Code, as added by subsection (a), shall not be 
     construed as authorizations for personnel, personnel billets, 
     or funds for the discharge of the requirements in such 
     sections.
                                 ______
                                 
  SA 4139. Mr. TOOMEY (for himself 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 B of title I, add the following:

     SEC. 125. PLAN AND IMPLEMENTATION OF PLAN FOR ENSURING 
                   SOURCES OF CANNON TUBES.

       (a) In General.--The Secretary of the Army shall develop 
     and implement an investment and sustainment plan to ensure 
     the sourcing of cannon tubes for the purpose of mitigating 
     risk to the Army and the industrial base.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) An identification of qualified and capable sources from 
     which the Army may procure cannon tubes (not including 
     sources from which the Army procures cannon tubes as of the 
     date of the enactment of this Act).
       (2) A determination of the feasibility, advisability, and 
     affordability of procuring cannon tubes from the sources 
     identified under paragraph (1) on a sustainable basis.
       (c) Report; Implementation.--The Secretary of the Army 
     shall--
       (1) not later than 60 days after the date of the enactment 
     of this Act, submit to Congress a report describing how the 
     Army will implement the plan required by subsection (a); and
       (2) not later than 120 days after the date on which the 
     report required by paragraph (1) is submitted, implement the 
     plan required by subsection (a), including by procuring 
     cannon tubes from a source identified in the plan under 
     subsection (b)(1).
                                 ______
                                 
  SA 4140. Mr. HAWLEY (for himself, Mr. Cotton, Mr. Cruz, Mr. Marshall, 
Mr. Wicker, and Mrs. Hyde-Smith) submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 511.
                                 ______
                                 
  SA 4141. Mr. TOOMEY (for himself 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 appropriate place in title II, insert the 
     following:

     SEC. ___. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND 
                   MACHINE LEARNING INITIATIVE OF THE ARMY.

       It is the sense of Congress that--
       (1) the additive manufacturing and machine learning 
     initiative of the Army has the potential to accelerate the 
     ability to deploy additive manufacturing capabilities in 
     expeditionary settings and strengthen the United States 
     defense industrial supply chain; and
       (2) Congress and the Department of Defense should continue 
     to support the additive manufacturing and machine learning 
     initiative of the Army.
                                 ______
                                 
  SA 4142. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 3157. PRESERVATION AND STORAGE OF URANIUM-233 TO FOSTER 
                   DEVELOPMENT OF THORIUM MOLTEN-SALT REACTORS.

       (a) Findings.--Congress makes the following findings:
       (1) Thorium molten-salt reactor technology was originally 
     developed in the

[[Page S7612]]

     United States, primarily at the Oak Ridge National Laboratory 
     in the State of Tennessee.
       (2) Before the cancellation of the program in 1976, the 
     technology developed at the Oak Ridge National Laboratory was 
     moving steadily toward efficient utilization of the natural 
     thorium energy resource, which exists in substantial amounts 
     in many parts of the United States and around the world.
       (3) The People's Republic of China is known to be pursuing 
     the development of molten salt reactor technology based on a 
     thorium fuel cycle.
       (4) Thorium itself is not fissile, but fertile, and 
     requires a fissile material to begin a nuclear chain 
     reaction.
       (5) Uranium-233, derived from neutron absorption by natural 
     thorium, is the ideal candidate for the fissile component of 
     a thorium reactor, and is the only fissile material candidate 
     that can minimize the production of long-lived transuranic 
     elements, which have proven a great challenge to the geologic 
     disposal of existing spent nuclear fuel.
       (6) Geologic disposal of spent nuclear fuel from 
     conventional nuclear reactors continues to pose severe 
     political and technical challenges, and costs the United 
     States taxpayer more than $500,000,000 annually in court-
     mandated awards to utilities.
       (7) The United States possesses the largest inventory of 
     uranium-233 in the world, aggregated at the Oak Ridge 
     National Laboratory.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the best economic and national security 
     interests of the United States to resume development of 
     highly efficient thorium molten-salt reactors that can 
     minimize transuranic waste production, in consideration of 
     the pursuit by the People's Republic of China of thorium 
     molten-salt reactors and associated cooperative research 
     agreements with United States national laboratories;
       (2) that the development of highly efficient thorium 
     molten-salt reactors is consistent with section 1261 of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 132 Stat. 2060), which 
     declared long-term strategic competition with the People's 
     Republic of China as ``a principal priority for the United 
     States''; and
       (3) to resume such development, it is necessary to preserve 
     as much of the uranium-233 remaining at Oak Ridge National 
     Laboratory as possible.
       (c) Preservation and Storage of Uranium-233.--
       (1) In general.--The Secretary of Energy shall seek every 
     opportunity to preserve separated uranium-233, with the goal 
     of fostering development of thorium molten-salt reactors by 
     United States industry.
       (2) Downblending and disposal of certain uranium.--The 
     Secretary may provide for the downblending and disposal of 
     uranium-233 determined by industry experts not to be valuable 
     for research and development of thorium molten-salt reactors 
     or technology implementation.
       (d) Interagency Cooperation.--The Secretary of Energy, the 
     Secretary of the Army (including the head of the Army Reactor 
     Office), the Secretary of Transportation, the Tennessee 
     Valley Authority, and other relevant agencies shall--
       (1) work together to expedite transfers of uranium-233 
     under subsection (c); and
       (2) seek the assistance of appropriate industrial entities.
       (e) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Energy 
     shall submit to the congressional defense committees a report 
     that includes the following:
       (1) Details of the separated U-233 inventory that is most 
     feasible for immediate or near-term transfer.
       (2) The costs of constructing or modifying a suitable 
     category I facility for the secure, permanent storage of the 
     U-233 inventory.
       (3) A pathway for National Asset Material designation.
       (4) A description of the scope for such a facility that 
     would enable secure access to the nuclear material for 
     research and development of thorium fuel cycle reactors, for 
     defense and civilian applications, as well as for medical 
     isotope extraction and processing, including by developing 
     such a facility through public-private partnerships.
       (5) An assessment of whether the Secretary should transfer 
     the ownership of U-233 from the Office of Environmental 
     Management to the Office of Nuclear Energy.
       (6) An assessment of the ability of the Department of 
     Energy to transfer the inventory of U-233 that the Secretary 
     determines is most feasible for immediate or near-term 
     transfer to the Y-12 National Security Complex, Oak Ridge, 
     Tennessee, for secure interim storage.
       (7) The feasibility of the National Nuclear Security 
     Administration providing for the secure storage of the 
     inventory of U-233 within the Y-12 National Security Complex 
     or another suitable location within the nuclear security 
     enterprise (as defined in section 4002 of the Atomic Energy 
     Defense Act (50 U.S.C. 2501)).
       (f) No Funding Authorized.--The amount authorized to be 
     appropriated by section 3102 and available as specified in 
     the funding table in section 4701 for the U233 Disposition 
     Program is hereby reduced by $55,000,000.
                                 ______
                                 
  SA 4143. Mr. TUBERVILLE 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. PLAN TO PRIORITIZE TRANSFERS OF EXCESS DEFENSE 
                   ARTICLES TO ALLIES AND PARTNERS IN THE INDO-
                   PACIFIC REGION.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should--
       (1) prioritize the review of excess defense article 
     transfers to allies and partners in the Indo-Pacific region;
       (2) coordinate and align excess defense article transfers 
     with capacity-building efforts of such allies and partners; 
     and
       (3) assist Taiwan to develop asymmetric capability through 
     excess defense article transfers pursuant to section 
     516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j(c)(2)).
       (b) Plan Required.--
       (1) In general.--Not later than February 15, 2022, and 
     annually thereafter, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     congressional defense committees a report on future-year 
     activities and resources for the purposes described in 
     subsection (a).
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) A summary of progress made towards achieving such 
     purposes.
       (B) An evaluation of potential excess defense articles 
     scheduled for decommissioning that could be transferred under 
     the Excess Defense Articles program of the Defense Security 
     Cooperation Agency to allies and partners in the Indo-Pacific 
     region, including Taiwan with respect to its asymmetric 
     capability development.
                                 ______
                                 
  SA 4144. Mr. TUBERVILLE 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. ___. MILITARY STANDARDS FOR STEEL ARMOR IN ARMORED 
                   VEHICLES.

       (a) Standards Required.--Not later than March 31, 2022, the 
     Secretary of the Army shall establish military standards for 
     all steel armor, including all associated class levels, for 
     incorporation into specifications for current and future 
     armored vehicles developed and procured by the Armed Forces 
     and the Department of State.
       (b) Requirements.--The standards established under 
     subsection (a) shall incorporate the following standards:
       (1) MIL-DTL-46100E.
       (2) MIL-DTL-12560K.
       (3) MIL-DTL-32332A.
       (4) MIL-DTL-46186A.
       (c) Report Required.--Not later than June 30, 2022, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report that describes--
       (1) the establishment of the standards required by 
     subsection (a); and
       (2) a strategy for incorporation of such standards into 
     armored vehicle specifications to replace all company 
     specific branded material.
       (d) Armored Vehicle Defined.--For purposes of this section, 
     the term `` armored vehicle'' means a tracked or wheeled 
     vehicle incorporating steel armor in its manufacture.
                                 ______
                                 
  SA 4145. Mr. TUBERVILLE (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 821. INDEMNIFICATION OF CONTRACTORS FOR UNUSUALLY 
                   HAZARDOUS RISKS.

       Section 2354 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``the Secretary of Defense or'' after 
     ``approval of'';
       (ii) by striking ``for research or development, or both, 
     may'' and inserting ``or Defense Agency shall''; and

[[Page S7613]]

       (iii) by striking ``either or both of''; and
       (B) in paragraphs (1) and (2), by striking ``that the 
     contract defines'' and inserting ``that subsection (b) or the 
     contract defines'';
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (f), and (g), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) For purposes of subsection (a), risk of burning, 
     explosion, detonation, flight or surface impact, or toxic or 
     hazardous material release, associated with the following 
     shall be considered unusually hazardous:
       ``(1) Any hypersonic weapon system, including boost glide 
     vehicles and air-breathing propulsion systems.
       ``(2) Rocket propulsions systems, including rockets, 
     missiles, launch vehicles, rocket engines or motors, or 
     hypersonic weapons systems using a solid or liquid high-
     energy propellant, including any warhead in excess of 1000 
     pounds of the chemical equivalent of TNT.
       ``(3) Introduction, fielding, or incorporating any item 
     containing high-energy propellants, including any warhead in 
     excess of 1000 pounds of the chemical equivalent of TNT 
     introduced, fielded, or incorporated into any ship, vessel, 
     submarine, aircraft, or spacecraft.
       ``(4) A classified program for which insurance is not 
     available as a result of the prohibition on disclosure of 
     classified information to commercial insurance providers.'';
       (4) by inserting after subsection (c), as redesignated by 
     paragraph (2), the following new subsections (d) and (e):
       ``(d) For each contract made under subsection (a) that 
     provides for indemnification, the Secretary that approved the 
     contract shall determine the maximum probable loss for claims 
     under paragraph (1) of that subsection or losses or damage 
     under paragraph (2) of that subsection, as applicable.
       ``(e)(1) A contractor that is a party to a contract made 
     under subsection (a) that provides for indemnification shall 
     obtain liability insurance to compensate for claims under 
     paragraph (1) of that subsection and losses or damage under 
     paragraph (2) of that subsection, as applicable, in amounts 
     and to the extent such insurance is available under 
     commercially reasonable terms and pricing, including any 
     limits, sub-limits, exclusions, and other coverage 
     restrictions.
       ``(2) A contractor described in paragraph (1) is not 
     required to obtain insurance in amounts greater than the 
     lesser of--
       ``(A) the amount available under commercially reasonable 
     terms and pricing; or
       ``(B) the maximum probable loss determined under subsection 
     (d).'';
       (5) in subsection (f), as so redesignated, by inserting 
     ``the Secretary of Defense,'' before ``the Secretary''; and
       (6) in subsection (g), as so redesignated--
       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary of Defense,'' before ``the Secretary''; and
       (B) in paragraph (2), by striking ``for research or 
     development, or both,''.
                                 ______
                                 
  SA 4146. Mr. TUBERVILLE (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:

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

     SEC. 1424. COMPTROLLER GENERAL ASSESSMENT OF DOMESTIC 
                   TITANIUM ORE MINING AND DOMESTIC PRODUCTION OF 
                   TITANIUM METAL.

       (a) In General.--Not later than June 1, 2022, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees an assessment of--
       (1) the current state of United States domestic titanium 
     ore mining and domestic production of titanium metal; and
       (2) its implications for the supply chains of the 
     Department of Defense.
       (b) Elements.--The assessment required by subsection (a) 
     shall include--
       (1) a comparison of how much titanium metal is required 
     annually by the Department of Defense and how much titanium 
     ore and titanium metal is available from the United States 
     domestic supply chains;
       (2) an assessment of the reliability of titanium producers 
     outside the United States during national defense emergency 
     scenarios; and
       (3) any other matters the Comptroller General considers 
     appropriate to include.
                                 ______
                                 
  SA 4147. Mr. LANKFORD (for himself, Ms. Sinema, Mr. Lee, Mr. Romney, 
Mr. Cornyn, 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:

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

     SEC. 576. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE 
                   ARMED FORCES TO CERTAIN POSITIONS IN THE 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Section 3326 of title 5, United States 
     Code, is amended--
       (1) in the section heading, by inserting ``certain'' before 
     ``positions''; and
       (2) in subsection (b)--
       (A) by striking ``appointed'' and all that follows through 
     ``Defense'' and inserting ``appointed to a position in the 
     excepted or competitive service classified at or above GS-14 
     of the General Schedule (or equivalent) in or under the 
     Department of Defense''; and
       (B) in paragraph (1), by striking ``for the purpose'' and 
     all that follows through ``Management''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 33 of such title is 
     amended in the item relating to section 3326 by inserting 
     ``certain'' before ``positions''.
                                 ______
                                 
  SA 4148. Mrs. FEINSTEIN (for herself, Mr. Marshall, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. NATIONAL COMMISSION ON THE COVID-19 PANDEMIC.

       (a) Short Title; Sense of Congress.--
       (1) Short title.--This section may be cited as the 
     ``National Commission on the COVID-19 Pandemic Act''.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) the SARS-CoV-2 (COVID-19) pandemic has caused immense 
     suffering in the United States, having resulted in more than 
     736,000 American deaths as of October 2021, and infecting at 
     least 45,000,000;
       (B) following other destructive and traumatic events in our 
     history, including the September 11, 2001, terrorist attacks, 
     Congress has established a bipartisan commission of experts 
     to study the event and produce a report and recommendations, 
     and such an exercise can assist in national healing;
       (C) the extent of the loss of life and the economic cost of 
     the pandemic demonstrate the high risks that pandemic 
     diseases can pose to public health and to national security, 
     and demands a thorough, authoritative, and independent review 
     of the origin of SARS-CoV-2 as well as United States actions 
     and policies before and during the pandemic, and 
     recommendations to Congress and policymakers as to how we can 
     be better prepared for future pandemic diseases, including 
     those that could be caused by intentional biological attacks;
       (D) individuals appointed to the Commission established in 
     subsection (b) should be prominent citizens of the United 
     States with national recognition and significant experience 
     and expertise in--
       (i) public health and biosafety;
       (ii) epidemiology;
       (iii) medicine;
       (iv) emergency management or response;
       (v) public administration;
       (vi) logistics;
       (vii) organizational management; or
       (viii) medical intelligence and forensic investigations; 
     and
       (E) it is crucial to better understand and manage the 
     increasing likelihood of pandemic threats (such as the recent 
     threats of severe acute respiratory syndrome (SARS), Ebola, 
     the 2009-H1N1 influenza, and COVID-19) and related health 
     issues that the United States could face during the next 
     several decades.
       (b) Commission on the COVID-19 Pandemic.--
       (1) Establishment of commission.--There is established in 
     the legislative branch the National Commission on the COVID-
     19 Pandemic (in this section referred to as the 
     ``Commission'').
       (2) Duties.--The Commission shall--
       (A) in accordance with paragraph (4), conduct an 
     investigation of all relevant facts and circumstances 
     regarding the novel coronavirus disease 2019 (in this section 
     referred to as ``COVID-19'') in order to make a full and 
     complete accounting of--
       (i) the preparedness of the United States for pandemic 
     disease before the outbreak of COVID-19;
       (ii) the circumstances surrounding the initial outbreak and 
     spread of COVID-19; and
       (iii) the actions taken by the Federal Government, State, 
     local, and Tribal governments, including with respect to the 
     private sector, civil society, and relevant international 
     organizations (including the World Health Organization) in 
     response to COVID-19;
       (B) identify and examine lessons learned regarding pandemic 
     preparedness, response,

[[Page S7614]]

     and recovery efforts by the Federal Government and State, 
     local, and Tribal governments, and international partners; 
     and
       (C) submit to the President and Congress, and make publicly 
     available, such reports as are required by this section 
     containing findings, conclusions, and recommendations as the 
     Commission determines appropriate to improve the ability of 
     the United States to prepare for, detect, prevent, and, if 
     necessary, respond to and recover from epidemics and 
     pandemics such as COVID-19 (whether naturally occurring or 
     caused by state or non-state actors) in a way that minimizes 
     negative effects on public health, the economy, and society.
       (3) Composition of commission.--
       (A) Members.--The Commission shall be composed of 10 
     members, of whom--
       (i) 1 member shall be appointed by the President, who shall 
     serve as chair of the Commission;
       (ii) 1 member shall be appointed by the leader of the House 
     of Representatives (the Speaker or minority leader, as the 
     case may be) of the political party that is not the same 
     political party as the President, in consultation with the 
     leader of the Senate (majority or minority leader, as the 
     case may be) of the same political party as such leader of 
     the House of Representatives, who shall serve as vice chair 
     of the Commission;
       (iii) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (iv) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party;
       (v) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party; and
       (vi) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (B) Affiliations; initial meeting.--
       (i) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (ii) Nongovernmental appointees.--An individual appointed 
     to the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (iii) Conflicts of interest.--An individual appointed to 
     the Commission may not have conflicts of interest, or 
     otherwise have demonstrated a strong bias toward a particular 
     conclusion that may prejudice the individual's judgement as 
     it pertains to the matters before the Commission. A senior 
     member of the leadership of either party in the Senate or the 
     House of Representatives may raise objections to appointees 
     who raise such concerns.
       (iv) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 30 days after 
     the date of enactment of this Act.
       (v) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable, but 
     not later than 15 days after appointment of all members of 
     the Commission.
       (C) Quorum; vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chair or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (D) In-person meetings.--The members of the Commission 
     shall conduct its meetings in person unless such in-person 
     meetings would pose a health risk or significant practical 
     challenges.
       (4) Investigation.--The investigation under paragraph 
     (2)(A) shall address the following:
       (A) The structure, coordination, management, policies, 
     procedures, and actions of the Federal Government, State, 
     local, and Tribal governments, and nongovernmental entities 
     in response to the COVID-19 pandemic.
       (B) The effectiveness of communications to the public 
     concerning the pandemic and the public health response, 
     including physical distancing practices, the use of masks, 
     and other non-pharmaceutical interventions intended to reduce 
     the spread of COVID-19.
       (C) The role of international cooperation in responding to 
     the pandemic, including the role of international 
     organizations such as the World Health Organization and 
     China's government's cooperation in the global investigation 
     of COVID-19.
       (D) The availability of personal protective equipment for 
     health workers and first responders, and the availability of 
     other relevant medical equipment and supplies, including the 
     role of the Strategic National Stockpile.
       (E) The role of the Federal Government in the development, 
     testing, production, and distribution of treatments and 
     vaccines for COVID-19.
       (F) The preparedness and capacity of the health care system 
     of the United States, including hospitals, physicians, 
     community health centers, and laboratories.
       (G) The link between variations in the language that 
     individuals use to describe a novel virus or disease and how 
     such language may contribute to or conversely help to prevent 
     an increase in incidents of stigma, discrimination, and 
     harassment against an identifiable group of people and the 
     communities in which they live.
       (H) The origins of the novel coronavirus that causes COVID-
     19. Such an investigation shall include engaging with willing 
     partner governments and experts from around the world, 
     seeking access to all relevant records on the virus cultures, 
     isolates, genomic sequences, databases, and patient 
     specimens, and personnel of interest. The investigation shall 
     fully and without prejudice explore the likely origins of 
     COVID-19, as addressed in the August, 27, 2020, Office of the 
     Director of National Intelligence unclassified summary of the 
     Intelligence Community assessment on COVID-19 origins, 
     including natural exposure to an infected animal and a 
     laboratory-associated incident involving experimentation, 
     animal handling, or sampling by the Wuhan Institute of 
     Virology, or another lab conducting similar research.
       (I) Any other subject the Commission determines relevant to 
     understanding the origins of COVID-19, the United States 
     response to COVID-19, and developing recommendations to 
     prepare for future pandemics.
       (5) Powers of commission.--
       (A) In general.--
       (i) Hearings and evidence.--The Commission or, as delegated 
     by the chair and vice chair, any subcommittee or member 
     thereof, may, for the purpose of carrying out this section--

       (I) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths, as the Commission or such designated 
     subcommittee or designated member may determine advisable; 
     and
       (II) subject to clause (ii)(I), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated subcommittee or designated member may determine 
     advisable.

       (ii) Issuance of subpoenas.--

       (I) In general.--A subpoena may be issued under this 
     subparagraph only--

       (aa) by the agreement of the chair and the vice chair; or
       (bb) by the affirmative vote of 6 members of the 
     Commission.

       (II) Signature.--Subject to subclause (I), subpoenas issued 
     under this subparagraph may be issued under the signature of 
     the chair or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chair or by a member designated by a majority of the 
     Commission.

       (iii) Enforcement of subpoenas.--

       (I) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under this subparagraph, the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (II) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this subsection, the Commission 
     may, by majority vote, certify a statement of fact 
     constituting such failure to the appropriate United States 
     attorney, who shall bring the matter before the grand jury 
     for its action, under the same statutory authority and 
     procedures as if the United States attorney had received a 
     certification under sections 102 through 104 of the Revised 
     Statutes of the United States (2 U.S.C. 192 through 194).

       (B) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this section.
       (C) Information from federal, state, local, and tribal 
     agencies.--
       (i) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Federal Government or a State, local, 
     or Tribal government information, suggestions, estimates, and 
     statistics for the purposes of this section. Each department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality shall, to the fullest 
     extent permitted by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chair, the chair of any 
     subcommittee created by a majority of the Commission, or any 
     member designated by a majority of the Commission.
       (ii) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (iii) Non-interference with public health duties.--The 
     Commission and its staff shall seek information and testimony 
     in a manner that ensures Federal, State, local, and Tribal 
     individuals and entities and private sector individuals and 
     entities are able to prioritize activities related to the 
     pandemic response.
       (D) Assistance from federal agencies.--
       (i) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (ii) Intelligence and investigative support.--The Director 
     of National Intelligence,

[[Page S7615]]

     the Secretary of State, the Secretary of Defense, the 
     Secretary of Health and Human Services, and the Attorney 
     General shall, to the extent authorized by law, support the 
     duties of the Commission by providing information, 
     intelligence, analysis, recommendations, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chair of the Commission, the chair of any subcommittee 
     created by a majority of the Commission, or any member 
     designated by a majority of the Commission.
       (iii) Other departments and agencies.--In addition to the 
     assistance prescribed in clause (i), departments and agencies 
     of the United States may provide to the Commission such 
     services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (E) Declassification of intelligence related to covid-19.--
       (i) Commencement of review.--Not later than 30 days after 
     the date of the initial meeting of the Commission, the 
     Director of National Intelligence shall, in coordination with 
     the Director of the Federal Bureau of Investigation, the 
     Director of the Central Intelligence Agency, and the heads of 
     such other elements of the intelligence community as the 
     Director of National Intelligence considers appropriate, 
     commence a declassification review of any and all information 
     the Commission determines necessary relating to the origin of 
     COVID-19.
       (ii) Completion of review.--Not later than 90 days after 
     the date of the initial meeting of the Commission, the 
     Director of National Intelligence shall complete the review 
     described in clause (i) and determine what additional 
     information relating to the origin of COVID-19 can be 
     appropriately declassified and shared with the public.
       (iii) Submission of report.--The Director of National 
     Intelligence shall submit to Congress an unclassified report 
     that contains the additional information described in clause 
     (ii) with only such redactions as the Director determines 
     necessary to protect sources and methods without altering or 
     obscuring such information.
       (F) Gifts.--The Commission may not accept, use, and dispose 
     of gifts or donations of services or property.
       (G) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (6) Nonapplicability of federal advisory committee act.--
       (A) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (B) Presumption for public meetings.--
       (i) Open to the public.--The Commission shall make its 
     hearings and meetings open to the public unless the chair and 
     vice chair determine by consensus, on a case-by-case basis, 
     that the hearing or meeting should be closed to the public.
       (ii) Protection of information.--Any public meeting or 
     hearing of the Commission shall be conducted in a manner 
     consistent with the protection of information provided to or 
     developed for or by the Commission as required by any 
     applicable statute, regulation, or Executive order.
       (7) Staff of commission.--
       (A) In general.--
       (i) Appointment and compensation.--The chair, in 
     consultation with the vice chair, in accordance with rules 
     agreed upon by the Commission, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code. The chair shall ensure that any internships with 
     the Commission are paid positions.
       (ii) Personnel as federal employees.--

       (I) In general.--The staff director and any personnel of 
     the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (II) Members of commission.--Subclause (I) shall not be 
     construed to apply to members of the Commission.

       (B) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (C) Consultant services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (8) Compensation and travel expenses.--
       (A) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (B) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (9) Security clearances for commission members and staff.--
     The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the extent possible pursuant to existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     section without the appropriate security clearances.
       (10) Reports of commission.--
       (A) Interim report.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall submit to the 
     President and Congress, and make publicly available, an 
     interim report containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (B) Final report.--Not later than the date described in 
     subparagraph (C)(i), the Commission shall submit to the 
     President and Congress, and make publicly available, a final 
     report containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (C) Deadline.--
       (i) Date described.--The date described in this clause is 
     20 months after the date of the initial meeting of the 
     Commission, unless not fewer than 8 members of the Commission 
     vote for an extension of not more than 120 days.
       (ii) Number of extensions.--The Commission may make not 
     more than 1 extension under clause (i).
       (iii) Notification.--The Commission shall notify the 
     President, Congress, and the public of each extension under 
     clause (i).
       (11) Termination.--
       (A) In general.--The Commission, and all the authorities of 
     this section, shall terminate 90 days after the date on which 
     the final report is submitted under paragraph (10)(B).
       (B) Administrative activities before termination.--The 
     Commission may use the 90-day period referred to in 
     subparagraph (A) for the purpose of concluding its 
     activities, including providing testimony to committees of 
     Congress concerning its reports, disseminating the final 
     report, and explaining to the public such reports and the 
     conclusions of the Commission.
       (12) Funding.--
       (A) Authorization of appropriations.--There is authorized 
     to be appropriated to the Commission such sums as may be 
     necessary for any fiscal year.
       (B) Duration of availability.--Amounts made available to 
     the Commission under subparagraph (A) shall remain available 
     until the termination of the Commission.
       (C) Notice.--The chair shall promptly notify Congress if 
     the chair determines that the amounts made available to the 
     Commission under subparagraph (A) are insufficient for the 
     Commission to carry out its duties, including during an 
     extended period described in paragraph (10)(C).
       (13) Definitions.--In this subsection:
       (A) The terms ``chair'' and ``vice chair'' refer to the 
     chair and vice chair of the Commission appointed under 
     paragraph (3)(A).
       (B) The term ``State'' means each of the several States, 
     the District of Columbia, Puerto Rico, American Samoa, Guam, 
     the United States Virgin Islands, and the Commonwealth of the 
     Northern Mariana Islands.
                                 ______
                                 
  SA 4149. Mr. MENENDEZ 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. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.

       (a) Short Title.--This section may be cited as the ``Trans-
     Sahara Counterterrorism Partnership Program Act of 2021''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) terrorist and violent extremist organizations, such as 
     Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic 
     State of West Africa, and other affiliated groups, have 
     killed tens of thousands of innocent civilians, displaced 
     populations, destabilized local and national governments, and 
     caused mass human suffering in the affected communities;
       (2) poor governance, political and economic 
     marginalization, and lack of accountability for human rights 
     abuses by security forces are drivers of extremism;
       (3) it is in the national security interest of the United 
     States--
       (A) to combat the spread of terrorism and violent 
     extremism; and

[[Page S7616]]

       (B) to build the capacity of partner countries to combat 
     such threats in Africa;
       (4) terrorist and violent extremist organizations exploit 
     vulnerable and marginalized communities suffering from 
     poverty, lack of economic opportunity (particularly among 
     youth populations), corruption, and weak governance; and
       (5) a comprehensive, coordinated interagency approach is 
     needed to develop an effective strategy--
       (A) to address the security challenges in the Sahel-
     Maghreb;
       (B) to appropriately allocate resources and de-conflict 
     programs; and
       (C) to maximize the effectiveness of United States defense, 
     diplomatic, and development capabilities.
       (c) Statement of Policy.--It is the policy of the United 
     States to assist countries in North Africa and West Africa, 
     and other allies and partners that are active in those 
     regions, in combating terrorism and violent extremism through 
     a coordinated interagency approach with a consistent strategy 
     that appropriately balances security activities with 
     diplomatic and development efforts to address the political, 
     socioeconomic, governance, and development challenges in 
     North Africa and West Africa that contribute to terrorism and 
     violent extremism.
       (d) Trans-Sahara Counterterrorism Partnership Program.--
       (1) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Select Committee on Intelligence of the Senate;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Committee on Appropriations of the House of 
     Representatives; and
       (H) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) In general.--
       (A) Establishment.--The Secretary of State, in consultation 
     with the Secretary of Defense and the Administrator of the 
     United States Agency for International Development, shall 
     establish a partnership program, which shall be known as the 
     ``Trans-Sahara Counterterrorism Partnership Program'' 
     (referred to in this subsection as the ``Program''), to 
     coordinate all programs, projects, and activities of the 
     United States Government in countries in North Africa and 
     West Africa that are conducted--
       (i) to improve governance and the capacities of countries 
     in North Africa and West Africa to deliver basic services, 
     particularly to at-risk communities, as a means of countering 
     terrorism and violent extremism by enhancing state legitimacy 
     and authority and countering corruption;
       (ii) to address the factors that make people and 
     communities vulnerable to recruitment by terrorist and 
     violent extremist organizations, including economic 
     vulnerability and mistrust of government and government 
     security forces, through activities such as--

       (I) supporting strategies that increase youth employment 
     opportunities;
       (II) promoting girls' education and women's political 
     participation;
       (III) strengthening local governance and civil society 
     capacity;
       (IV) improving government transparency and accountability;
       (V) fighting corruption;
       (VI) improving access to economic opportunities; and
       (VII) other development activities necessary to support 
     community resilience;

       (iii) to strengthen the rule of law in such countries, 
     including by enhancing the capability of the judicial 
     institutions to independently, transparently, and credibly 
     deter, investigate, and prosecute acts of terrorism and 
     violent extremism;
       (iv) to improve the ability of military and law enforcement 
     entities in partner countries--

       (I) to detect, disrupt, respond to, and prosecute violent 
     extremist and terrorist activity, while respecting human 
     rights; and
       (II) to cooperate with the United States and other partner 
     countries on counterterrorism and counter-extremism efforts;

       (v) to enhance the border security capacity of partner 
     countries, including the ability to monitor, detain, and 
     interdict terrorists;
       (vi) to identify, monitor, disrupt, and counter the human 
     capital and financing pipelines of terrorism; or
       (vii) to support the free expression and operations of 
     independent, local-language media, particularly in rural 
     areas, while countering the media operations and recruitment 
     propaganda of terrorist and violent extremist organizations.
       (B) Assistance framework.--Program activities shall--
       (i) be carried out in countries in which the Secretary of 
     State, in consultation with the Secretary of Defense and the 
     Administrator of the United States Agency for International 
     Development--

       (I) determines that there is an adequate level of partner 
     country commitment; and
       (II) has considered partner country needs, absorptive 
     capacity, sustainment capacity, and efforts of other donors 
     in the sector;

       (ii) have clearly defined outcomes;
       (iii) be closely coordinated among United States diplomatic 
     and development missions, United States Africa Command, and 
     relevant participating departments and agencies;
       (iv) have specific plans with robust indicators to 
     regularly monitor and evaluate outcomes and impact;
       (v) complement and enhance efforts to promote democratic 
     governance, the rule of law, human rights, and economic 
     growth;
       (vi) in the case of train and equip programs, complement 
     longer-term security sector institution-building; and
       (vii) have mechanisms in place to track resources and 
     routinely monitor and evaluate the efficacy of relevant 
     programs.
       (C) Consultation.--In coordinating activities through the 
     Program, the Secretary of State shall consult, as 
     appropriate, with the heads of relevant Federal departments 
     and agencies, as determined by the President.
       (D) Congressional notification.--Not later than 15 days 
     before obligating amounts for an activity coordinated through 
     the Program under subparagraph (A), the Secretary of State 
     shall notify the appropriate congressional committees, in 
     accordance with section 634A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2394-1), of--
       (i) the foreign country and entity, as applicable, whose 
     capabilities are to be enhanced in accordance with the 
     purposes described in subparagraph (A);
       (ii) the amount, type, and purpose of support to be 
     provided;
       (iii) the absorptive capacity of the foreign country to 
     effectively implement the assistance to be provided;
       (iv) the extent to which state security forces of the 
     foreign country have been implicated in gross violations of 
     human rights and the risk that obligated funds may be used to 
     perpetrate further abuses;
       (v) the anticipated implementation timeline for the 
     activity; and
       (vi) the plans to sustain any military or security 
     equipment provided beyond the completion date of such 
     activity, if applicable, and the estimated cost and source of 
     funds to support such sustainment.
       (3) International coordination.--Efforts carried out under 
     this subsection--
       (A) shall take into account partner country 
     counterterrorism, counter-extremism, and development 
     strategies;
       (B) shall be aligned with such strategies, to the extent 
     practicable; and
       (C) shall be coordinated with counterterrorism and counter-
     extremism activities and programs in the areas of defense, 
     diplomacy, and development carried out by other like-minded 
     donors and international organizations in the relevant 
     country.
       (4) Strategies.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the 
     Administrator of the United States Agency for International 
     Development and other relevant Federal Government agencies, 
     shall submit the strategies described in subparagraphs (B) 
     and (C) to the appropriate congressional committees.
       (B) Comprehensive, 5-year strategy for the sahel-maghreb.--
     The Secretary of State shall develop a comprehensive, 5-year 
     strategy for the Sahel-Maghreb, including details related to 
     whole-of-government efforts in the areas of defense, 
     diplomacy, and development to advance the national security, 
     economic, and humanitarian interests of the United States, 
     including--
       (i) efforts to ensure coordination with multilateral and 
     bilateral partners, such as the Joint Force of the Group of 
     Five of the Sahel, and with other relevant assistance 
     frameworks;
       (ii) a public diplomacy strategy and actions to ensure that 
     populations in the Sahel-Maghreb are aware of the development 
     activities of the United States Government, especially in 
     countries with a significant Department of Defense presence 
     or engagement through train and equip programs;
       (iii) activities aimed at supporting democratic 
     institutions and countering violent extremism with measurable 
     goals and transparent benchmarks;
       (iv) plans to help each partner country address 
     humanitarian and development needs and to help prevent, 
     respond to, and mitigate intercommunal violence;
       (v) a comprehensive plan to support security sector reform 
     in each partner country that includes a detailed section on 
     programs and activities being undertaken by relevant 
     stakeholders and other international actors operating in the 
     sector; and
       (vi) a specific strategy for Mali that includes plans for 
     sustained, high-level diplomatic engagement with 
     stakeholders, including countries in Europe and the Middle 
     East with interests in the Sahel-Maghreb, regional 
     governments, relevant multilateral organizations, signatory 
     groups of the Agreement for Peace and Reconciliation in Mali, 
     done in Algiers July 24, 2014, and civil society actors.
       (C) A comprehensive 5-year strategy for program 
     counterterrorism efforts.--The Secretary of State shall 
     develop a comprehensive 5-year strategy for the Program that 
     includes--
       (i) a clear statement of the objectives of United States 
     counterterrorism efforts in North Africa and West Africa with 
     respect to the use of all forms of United States assistance 
     to combat terrorism and counter violent extremism, including 
     efforts--

[[Page S7617]]

       (I) to build military and civilian law enforcement 
     capacity;
       (II) to strengthen the rule of law;
       (III) to promote responsive and accountable governance; and
       (IV) to address the root causes of terrorism and violent 
     extremism;

       (ii) a plan for coordinating programs through the Program 
     pursuant to paragraph (2)(A), including identifying the 
     agency or bureau of the Department of State, as applicable, 
     that will be responsible for leading and coordinating each 
     such program;
       (iii) a plan to monitor, evaluate, and share data and 
     learning about the Program in accordance with monitoring and 
     evaluation provisions under sections 3 and 4 of the Foreign 
     Aid Transparency and Accountability Act of 2016 (22 U.S.C. 
     2394c note and 2394c); and
       (iv) a plan for ensuring coordination and compliance with 
     related requirements in United States law, including the 
     Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
       (D) Consultation.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     consult with the appropriate congressional committees 
     regarding the progress made towards developing the strategies 
     required under subparagraphs (B) and (C).
       (5) Supporting material in annual budget request.--
       (A) In general.--The Secretary of State shall include a 
     description of the requirements, activities, and planned 
     allocation of amounts requested by the Program in the budget 
     materials submitted to Congress in support of the President's 
     annual budget request pursuant to section 1105 of title 31, 
     United States Code, for each fiscal year beginning after the 
     date of the enactment of this Act and annually thereafter for 
     the following 5 years.
       (B) Exception.--The requirement under subparagraph (A) 
     shall not apply to activities of the Department of Defense 
     conducted pursuant to authorities under title 10, United 
     States Code.
       (6) Monitoring and evaluation of programs and activities.--
     Not later than 1 year after the date of the enactment of this 
     Act, and annually thereafter for the following 5 years, the 
     Secretary of State, in consultation with the Secretary of 
     Defense and the Administrator of the United States Agency for 
     International Development, shall submit a report to the 
     appropriate congressional committees that describes--
       (A) the progress made in meeting the objectives of the 
     strategies required under subparagraphs (B) and (C) of 
     paragraph (4), including any lessons learned in carrying out 
     Program activities and any recommendations for improving such 
     programs and activities;
       (B) the efforts taken to coordinate, de-conflict, and 
     streamline Program activities to maximize resource 
     effectiveness;
       (C) the extent to which each partner country has 
     demonstrated the ability to absorb the equipment or training 
     provided in the previous year under the Program, and as 
     applicable, the ability to maintain and appropriately utilize 
     such equipment;
       (D) the extent to which each partner country is investing 
     its own resources to advance the goals described in paragraph 
     (2)(A) or is demonstrating a commitment and willingness to 
     cooperate with the United States to advance such goals;
       (E) the actions taken by the government of each partner 
     country receiving assistance under the Program to combat 
     corruption, improve transparency and accountability, and 
     promote other forms of democratic governance;
       (F) the extent to which state security forces in each 
     partner country have been implicated in gross violations of 
     human rights during the reporting period, including how such 
     gross violations of human rights have been addressed and or 
     will be addressed through Program activities;
       (G) the assistance provided in each of the 3 preceding 
     fiscal years under the Program, broken down by partner 
     country, including the type, statutory authorization, and 
     purpose of all United States security assistance provided to 
     the country pursuant to authorities under title 10, United 
     States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), or any other ``train and equip'' authorities 
     of the Department of Defense; and
       (H) any changes or updates to the Comprehensive 5-Year 
     Strategy for the Program required under paragraph (4)(C) 
     necessitated by the findings in this annual report.
       (7) Reporting requirement related to audit of bureau of 
     african affairs monitoring and coordination of the trans-
     sahara counterterrorism partnership program.--Not later than 
     90 days after the date of the enactment of this Act, and 
     every 120 days thereafter until the earlier of the date on 
     which all 13 recommendations in the September 2020 Department 
     of State Office of Inspector General audit entitled ``Audit 
     of the Department of State Bureau of African Affairs 
     Monitoring and Coordination of the Trans-Sahara 
     Counterterrorism Partnership Program'' (AUD-MERO-20-42) are 
     closed or the date that is 3 years after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     identifies--
       (A) which of the 13 recommendations in AUD-MERO-20-42 have 
     not been closed;
       (B) a description of progress made since the last report 
     toward closing each recommendation identified under 
     subparagraph (A);
       (C) additional resources needed, including assessment of 
     staffing capacity, if any, to complete action required to 
     close each recommendation identified under subparagraph (A); 
     and
       (D) the anticipated timeline for completion of action 
     required to close each recommendation identified under 
     subparagraph (A), including application of all 
     recommendations into all existing security assistance 
     programs managed by the Department of State under the 
     Program.
       (8) Program administration.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit a report to Congress that describes plans for 
     conducting a written review of a representative sample of 
     each of the security assistance programs administered by the 
     Bureau of African Affairs that--
       (A) identifies potential waste, fraud, abuse, 
     inefficiencies, or deficiencies; and
       (B) includes an analysis of staff capacity, including human 
     resource needs, available resources, procedural guidance, and 
     monitoring and evaluation processes to ensure that the Bureau 
     of African Affairs is managing programs efficiently and 
     effectively.
       (9) Form.--The strategies required under subparagraphs (B) 
     and (C) of paragraph (4) and the report required under 
     paragraph (6) shall be submitted in unclassified form, but 
     may include a classified annex.
       (e) Rule of Construction.--Nothing in this section may be 
     construed as authorizing the use of military force.
                                 ______
                                 
  SA 4150. Mr. MENENDEZ 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 XII, add the following:

Subtitle H--U.S.-Greece Defense and Interparliamentary Partnership Act 
                                of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``U.S.-Greece Defense and 
     Interparliamentary Partnership Act of 2021''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) The United States and Greece are strong allies in the 
     North Atlantic Treaty Organization (NATO) and have deepened 
     their defense relationship in recent years in response to 
     growing security challenges in the Eastern Mediterranean 
     region.
       (2) Greece participates in several NATO missions, including 
     Operation Sea Guardian in the Mediterranean and NATO's 
     mission in Kosovo.
       (3) The Eastern Mediterranean Security and Energy 
     Partnership Act (title II of division J of Public Law 116-
     94), authorized new security assistance for Greece and 
     Cyprus, lifted the United States prohibition on arms 
     transfers to Cyprus, and authorized the establishment of a 
     United States-Eastern Mediterranean Energy Center to 
     facilitate energy cooperation among the United States, 
     Greece, Israel, and Cyprus.
       (4) The United States has demonstrated its support for the 
     trilateral partnership of Greece, Israel, and Cyprus through 
     joint engagement with Cyprus, Greece, Israel, and the United 
     States in the ``3+1'' format.
       (5) The United States and Greece have held Strategic 
     Dialogue meetings in Athens, Washington D.C., and virtually, 
     and have committed to hold an upcoming Strategic Dialogue 
     session in 2021 in Washington, D.C.
       (6) In October 2019, the United States and Greece agreed to 
     update the United States-Greece Mutual Defense Cooperation 
     Agreement, and the amended agreement officially entered into 
     force on February 13, 2020.
       (7) The amended Mutual Defense Cooperation Agreement 
     provides for increased joint United States-Greece and NATO 
     activities at Greek military bases and facilities in Larissa, 
     Stefanovikio, Alexandroupolis, and other parts of central and 
     northern Greece, and allows for infrastructure improvements 
     at the United States Naval Support Activity Souda Bay base on 
     Crete.
       (8) In October 2020, Greek Foreign Minister Nikos Dendias 
     announced that Greece hopes to further expand the Mutual 
     Defense Cooperation Agreement with the United States.
       (9) The United States Naval Support Activity Souda Bay 
     serves as a critical naval logistics hub for the United 
     States Navy's 6th Fleet.
       (10) In June 2020, United States Ambassador to Greece 
     Geoffrey Pyatt characterized the importance of Naval Support 
     Activity Souda Bay as ``our most important platform for the 
     projection of American power into a strategically dynamic 
     Eastern Mediterranean region. From Syria to Libya to the 
     chokepoint of the Black Sea, this is a critically important 
     asset for the United States, as our air force, naval, and 
     other resources are applied to support our Alliance 
     obligations and to help bring peace and stability.''.
       (11) During a September 2020 visit to Souda Bay, then-
     Secretary of State Mike Pompeo

[[Page S7618]]

     announced that the USS Hershel ``Woody'' Williams, the second 
     of a new class of United States sea-basing ships, will be 
     based out of Souda Bay, the first permanent United States 
     naval deployment at the base.
       (12) The United States cooperates with the Hellenic Armed 
     Forces at facilities in Larissa, Stefanovikio, and 
     Alexandroupolis, where the United States Armed Forces conduct 
     training, refueling, temporary maintenance, storage, and 
     emergency response.
       (13) The United States has conducted a longstanding 
     International Military Education and Training (IMET) program 
     with Greece, and the Government of Greece has committed to 
     provide $3 for every dollar invested by the United States in 
     the program.
       (14) Greece's defense spending in 2020 amounted to an 
     estimated 2.68 percent of its gross domestic product (GDP), 
     exceeding NATO's 2 percent of GDP benchmark agreed to at the 
     2014 NATO Summit in Wales.
       (15) Greece is eligible for the delivery of excess defense 
     articles under section 516(c)(2) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2321j(c)(2)).
       (16) In September 2020, Greek Prime Minister Kyriakos 
     Mitsotakis announced plans to modernize all three branches of 
     the Hellenic Armed Forces, which will strengthen Greece's 
     military position in the Eastern Mediterranean.
       (17) The modernization includes upgrades to the arms of all 
     three branches, including new anti-tank weapons for the 
     Hellenic Army, new heavy-duty torpedoes for the Hellenic 
     Navy, and new guided missiles for the Hellenic Air Force.
       (18) The Hellenic Navy also plans to upgrade its four MEKO 
     200HN frigates and purchase four new multirole frigates of an 
     undisclosed type, to be accompanied by 4 MH-60R anti-
     submarine helicopters.
       (19) The Hellenic Air Force plans to fully upgrade its 
     fleet of F-16 jets to the F-16 Viper variant by 2027 and has 
     expressed interest in participating in the F-35 Joint Strike 
     Fighter program.
       (20) The United States ejected Turkey from the F-35 Joint 
     Strike Fighter Program in July 2019 as a result of its 
     purchase of the Russian S-400 air defense system. Eight F-35 
     Joint Strike Fighters were produced for Turkey but never 
     delivered as a result of its ejection from the program.

     SEC. 1293. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) Greece is a pillar of stability in the Eastern 
     Mediterranean region and the United States should remain 
     committed to supporting its security and prosperity;
       (2) the 3+1 format of cooperation among Cyprus, Greece, 
     Israel, and the United States has been a successful forum to 
     cooperate on energy issues and should be expanded to include 
     other areas of common concern to the members;
       (3) the United States should increase and deepen efforts to 
     partner with and support the modernization of the Greek 
     military;
       (4) it is in the interests of the United States that Greece 
     continue to transition its military equipment away from 
     Russian-produced platforms and weapons systems through the 
     European Recapitalization Investment Program;
       (5) the United States Government should continue to deepen 
     strong partnerships with the Greek military, especially in 
     co-development and co-production opportunities with the Greek 
     Navy;
       (6) the naval partnerships with Greece at Souda Bay and 
     Alexandroupolis are mutually beneficial to the national 
     security of the United States and Greece;
       (7) the United States should, as appropriate, support the 
     sale of F-35 Joint Strike Fighters to Greece to include those 
     F-35 aircraft produced for but never delivered to Turkey as a 
     result of Turkey's exclusion from the program due to its 
     purchase of the Russian S-400 air defense system;
       (8) the United States Government should continue to invest 
     in International Military Education and Training (IMET) 
     programs in Greece;
       (9) the United States Government should support joint 
     maritime security cooperation exercises with Cyprus, Greece, 
     and Israel;
       (10) in accordance with its legal authorities and project 
     selection criteria, the United States Development Finance 
     Corporation should consider supporting private investment in 
     strategic infrastructure projects in Greece, to include 
     shipyards and ports that contribute to the security of the 
     region and Greece's prosperity;
       (11) the extension of the Mutual Defense Cooperation 
     Agreement with Greece for a period of five years includes 
     deepened partnerships at Greek military facilities throughout 
     the country and is a welcome development;
       (12) the United States Government should restore 
     congressionally appropriated military construction funds for 
     construction projects at Naval Support Activity Souda Bay 
     focused on a warehouse storage facility and an airport 
     passenger terminal that were redirected to United States 
     border wall programs in 2019; and
       (13) the United States Government should establish the 
     United States-Eastern Mediterranean Energy Center as 
     authorized in the Eastern Mediterranean Energy and Security 
     Partnership Act of 2019.

     SEC. 1294. FUNDING FOR EUROPEAN RECAPITALIZATION INCENTIVE 
                   PROGRAM.

       (a) In General.--To the maximum extent feasible, of the 
     funds appropriated for the European Recapitalization 
     Incentive Program, $25,000,000 for each of fiscal years 2022 
     through 2026 should be considered for Greece as appropriate 
     to assist the country in meeting its defense needs and 
     transitioning away from Russian-produced military equipment.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report that 
     provides a full accounting of all funds distributed under the 
     European Recapitalization Incentive Program, including--
       (1) identification of each recipient country;
       (2) a description of how the funds were used; and
       (3) an accounting of remaining equipment in recipient 
     countries that was provided by the then-Soviet Union or 
     Russian Federation.

     SEC. 1295. SENSE OF CONGRESS ON LOAN PROGRAM.

       It is the sense of Congress that, as appropriate, the 
     United States Government should provide direct loans to 
     Greece for the procurement of defense articles, defense 
     services, and design and construction services pursuant to 
     the authority of section 23 of the Arms Export Control Act 
     (22 U.S.C. 2763) to support the further development of 
     Greece's military forces.

     SEC. 1296. TRANSFER OF F-35 JOINT STRIKE FIGHTER AIRCRAFT TO 
                   GREECE.

       The President is authorized to expedite delivery of any 
     future F-35 aircraft to Greece once Greece is prepared to 
     move forward with such a purchase on such terms and 
     conditions as the President may require. Such transfer shall 
     be submitted to Congress pursuant to the certification 
     requirements under section 36 of the Arms Export Control Act 
     (22 U.S.C. 2776).

     SEC. 1297. REPORT ON EXPEDITED EXCESS DEFENSE ARTICLES 
                   TRANSFER PROGRAM.

       During each of fiscal years 2022 through 2026, the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, shall report not later than October 31 to the 
     appropriate congressional committees and the Committees on 
     Armed Services of the Senate and the House of Representatives 
     on Greece's defense needs and how the United States will seek 
     to address such needs through transfers of excess defense 
     equipment to Greece for that fiscal year.

     SEC. 1298. IMET COOPERATION WITH GREECE.

       Of the amounts authorized to be appropriated for each of 
     fiscal years 2022 through 2026 for International Military 
     Education and Training (IMET) assistance, $1,800,000 shall be 
     made available for Greece, to the maximum extent practicable. 
     The assistance shall be made available for the following 
     purposes:
       (1) Training of future leaders.
       (2) Fostering a better understanding of the United States.
       (3) Establishing a rapport between the United States Armed 
     Forces and Greece's military to build partnerships for the 
     future.
       (4) Enhancement of interoperability and capabilities for 
     joint operations.
       (5) Focusing on professional military education, civilian 
     control of the military, and protection of human rights.

     SEC. 1299. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1 
                   INTERPARLIAMENTARY GROUP.

       (a) Establishment.--There is established a group, to be 
     known as the ``Cyprus, Greece, Israel, and the United States 
     3+1 Interparliamentary Group'', to serve as a legislative 
     component to the 3+1 process launched in Jerusalem in March 
     2019.
       (b) Membership.--The Cyprus, Greece, Israel, and the United 
     States 3+1 Interparliamentary Group shall include a group of 
     not more than 6 United States Senators, to be known as the 
     ``United States group'', who shall be appointed jointly by 
     the majority leader and the minority leader of the Senate.
       (c) Meetings.--Not less frequently than once each year, the 
     United States group shall meet with members of the 3+1 group 
     to discuss issues on the agenda of the 3+1 deliberations of 
     the Governments of Greece, Israel, Cyprus, and the United 
     States to include maritime security, defense cooperation, 
     energy initiatives, and countering malign influence efforts 
     by the People's Republic of China and the Russian Federation.

     SEC. 1299A. APPROPRIATE CONGRESSIONAL COMMITTEES.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4151. Mr. MENENDEZ 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. __. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS 
                   AND NON-BINDING INSTRUMENTS.

       (a) Section 112b of Title 1.--

[[Page S7619]]

       (1) In general.--Chapter 2 of title 1, United States Code, 
     is amended by striking section 112b and inserting the 
     following:

     ``Sec. 112b. United States international agreements; 
       transparency provisions

       ``(a)(1) Not less frequently than once each month, the 
     Secretary, through the Legal Adviser of the Department of 
     State, shall provide in writing to the appropriate 
     congressional committees the following:
       ``(A)(i) A list of all international agreements and 
     qualifying non-binding instruments approved for negotiation 
     by the Secretary or another Department of State officer at 
     the Assistant Secretary level or higher during the prior 
     month, or, in the event an international agreement or 
     qualifying non-binding instrument is not included in the list 
     required by this clause, a certification corresponding to the 
     international agreement or qualifying non-binding instrument 
     as authorized under paragraph (4)(A).
       ``(ii) A description of the intended subject matter and 
     parties to or participants for each international agreement 
     and qualifying non-binding instrument listed pursuant to 
     clause (i).
       ``(B)(i) A list of all international agreements and 
     qualifying non-binding instruments signed, concluded, or 
     otherwise finalized during the prior month.
       ``(ii) The text of all international agreements and 
     qualifying non-binding instruments described in clause (i).
       ``(iii) A detailed description of the legal authority that, 
     in the view of the Secretary, provides authorization for each 
     international agreement and qualifying non-binding instrument 
     provided under clause (ii) to become operative. If multiple 
     authorities are relied upon in relation to an international 
     agreement or qualifying non-binding instrument, the Secretary 
     shall cite all such authorities. All citations to a treaty or 
     statute shall include the specific article or section and 
     subsection reference whenever available and, if not 
     available, shall be as specific as possible. If the authority 
     relied upon is or includes article II of the Constitution of 
     the United States, the Secretary shall explain the basis for 
     that reliance.
       ``(C)(i) A list of all international agreements that 
     entered into force and qualifying non-binding instruments 
     that became operative for the United States or an agency of 
     the United States during the prior month.
       ``(ii) The text of all international agreements and 
     qualifying non-binding instruments described in clause (i).
       ``(iii) A statement describing any new or amended statutory 
     or regulatory authority anticipated to be required to fully 
     implement each proposed international agreement and 
     qualifying non-binding instrument included in the list 
     described in clause (i).
       ``(iv) A statement of whether there were any opportunities 
     for public comment on the international agreement or 
     qualifying non-binding instrument prior to the conclusion of 
     such agreement or instrument.
       ``(2) The Secretary may provide any of the information or 
     texts of international agreements and qualifying non-binding 
     instruments required under paragraph (1) in classified form 
     if providing such information in unclassified form could 
     reasonably be expected to cause damage to the foreign 
     relations or foreign activities of the United States.
       ``(3) In the case of a general authorization issued for the 
     negotiation or conclusion of a series of international 
     agreements of the same general type, the requirements of this 
     subsection may be satisfied by the provision in writing of--
       ``(A) a single notification containing all the information 
     required by this subsection; and
       ``(B) a list, to the extent described in such general 
     authorization, of the countries or entities with which such 
     agreements are contemplated.
       ``(4)(A) The Secretary may, on a case-by-case basis, waive 
     the requirements of subsection (a)(1)(A)(i) with respect to a 
     specific international agreement or qualifying non-binding 
     instrument for renewable periods of up to 180 days if the 
     Secretary certifies in writing to the appropriate 
     congressional committees that--
       ``(i) exercising the waiver authority is vital to the 
     negotiation of a particular international agreement or 
     qualifying non-binding instrument; and
       ``(ii) the international agreement or qualifying non-
     binding instrument would significantly and materially advance 
     the foreign policy or national security interests of the 
     United States.
       ``(B) The Secretary shall brief the Majority Leader and the 
     Minority Leader of the Senate, the Speaker and the Minority 
     Leader of the House of Representatives, and the Chairs and 
     Ranking Members of the appropriate congressional committees 
     on the scope and status of the negotiation that is the 
     subject of the waiver under subparagraph (A)--
       ``(i) not later than 60 calendar days after the date on 
     which the Secretary exercises the waiver; and
       ``(ii) once every 180 calendar days during the period in 
     which a renewed waiver is in effect.
       ``(C) The certification required by subparagraph (A) may be 
     provided in classified form.
       ``(D) The Secretary shall not delegate the waiver authority 
     or certification requirements under subparagraph (A). The 
     Secretary shall not delegate the briefing requirements under 
     subparagraph (B) to any person other than the Deputy 
     Secretary.
       ``(b)(1) Not less frequently than once each month, the 
     Secretary shall make the text of all international agreements 
     that entered into force during the prior month, and the 
     information required by subparagraph (B)(iii) of subsection 
     (a)(1) and clauses (iii) and (iv) of subparagraph (C) of such 
     subsection, available to the public on the website of the 
     Department of State.
       ``(2) The requirement under paragraph (1)--
       ``(A) shall not apply to any information, including the 
     text of an international agreement, that is classified; and
       ``(B) shall apply to any information, including the text of 
     an international agreement, that is unclassified, except that 
     the information required by subparagraph (B)(iii) of 
     subsection (a)(1) and clauses (iii) and (iv) of subparagraph 
     (C) of such subsection shall not be subject to the 
     requirement under paragraph (1) if the international 
     agreement to which it relates is classified.
       ``(3)(A) Not less frequently than once every 90 calendar 
     days, the Secretary shall make the text of all unclassified 
     qualifying non-binding instruments that become operative 
     available to the public on the website of the Department of 
     State.
       ``(B) The requirement under subparagraph (A) shall not 
     apply to a qualifying non-binding instrument if making the 
     text of that instrument available to the public could 
     reasonably be expected to cause damage to the foreign 
     relations or foreign activities of the United States.
       ``(c) For any international agreement or qualifying non-
     binding instrument, not later than 30 calendar days after the 
     date on which the Secretary receives a written communication 
     from the Chair or Ranking Member of either of the appropriate 
     congressional committees requesting copies of any 
     implementing agreements or instruments, whether binding or 
     non-binding, the Secretary shall submit such implementing 
     agreements or instruments to the appropriate congressional 
     committees.
       ``(d) Any department or agency of the United States 
     Government that enters into any international agreement or 
     qualifying non-binding instrument on behalf of itself or the 
     United States shall--
       ``(1) provide to the Secretary the text of each 
     international agreement not later than 30 calendar days after 
     the date on which such agreement is signed;
       ``(2) provide to the Secretary the text of each qualifying 
     non-binding instrument not later than 30 calendar days after 
     the date of the written communication described in subsection 
     (m)(3)(A)(ii)(II); and
       ``(3) on an ongoing basis, provide any implementing 
     material to the Secretary for transmittal to the appropriate 
     congressional committees as needed to satisfy the 
     requirements described in subsection (c).
       ``(e)(1) Each department or agency of the United States 
     Government that enters into any international agreement or 
     qualifying non-binding instrument on behalf of itself or the 
     United States shall designate a Chief International 
     Agreements Officer, who shall--
       ``(A) be selected from among employees of such department 
     or agency;
       ``(B) serve concurrently as the Chief International 
     Agreements Officer; and
       ``(C) subject to the authority of the head of such 
     department or agency, have department- or agency-wide 
     responsibility for efficient and appropriate compliance with 
     this section.
       ``(2) The Chief International Agreements Officer of the 
     Department of State shall serve in the Office of the Legal 
     Adviser with the title of International Agreements Compliance 
     Officer.
       ``(f) Texts of oral international agreements and qualifying 
     non-binding instruments shall be reduced to writing and 
     subject to the requirements of subsection (a).
       ``(g) Notwithstanding any other provision of law, an 
     international agreement may not be signed or otherwise 
     concluded on behalf of the United States without prior 
     consultation with the Secretary. Such consultation may 
     encompass a class of agreements rather than a particular 
     agreement.
       ``(h)(1) Notwithstanding any other provision of law, no 
     amounts appropriated to the Department of State under any law 
     shall be available for obligation or expenditure to conclude 
     or implement or to support the conclusion or implementation 
     of (including through the use of personnel or resources 
     subject to the authority of a chief of mission) an 
     international agreement, other than to facilitate compliance 
     with this section, until the Secretary satisfies the 
     substantive requirements in subsection (a) with respect to 
     that international agreement.
       ``(2)(A) An obligation or expenditure of funds that does 
     not comply with the prohibition described in paragraph (1) 
     shall not constitute a violation of paragraph (1) or any 
     other law if such violation was inadvertent.
       ``(B) For purposes of this subsection, a violation shall be 
     considered to be inadvertent if, not later than 5 business 
     days after the date on which a Department of State official 
     first learns of the violation, the Secretary--
       ``(i) certifies in writing to the appropriate congressional 
     committees that, to the Secretary's knowledge, the Department 
     of State was unaware of the violation at the time of the 
     obligation or expenditure; and
       ``(ii) satisfies the substantive requirements in subsection 
     (a) with respect to the international agreement concerned.
       ``(3) This subsection shall take effect on October 1, 2022.
       ``(i)(1) Not later than 3 years after the date of the 
     enactment of this Act, and not less

[[Page S7620]]

     frequently than once every 2 years thereafter, the 
     Comptroller General of the United States shall conduct an 
     audit of the compliance of the Secretary with the 
     requirements of this section.
       ``(2) In any instance in which a failure by the Secretary 
     to comply with such requirements is determined by the 
     Comptroller General to have been due to the failure or 
     refusal of another agency to provide information or material 
     to the Department of State, or the failure to do so in a 
     timely manner, the Comptroller General shall engage such 
     other agency to determine--
       ``(A) the cause and scope of such failure or refusal;
       ``(B) the specific office or offices responsible for such 
     failure or refusal; and
       ``(C) penalties or other recommendations for measures to 
     ensure compliance with statutory requirements.
       ``(3) The Comptroller General shall submit to the 
     appropriate congressional committees in writing the results 
     of each audit required by paragraph (1).
       ``(4) The Comptroller General and the Secretary shall make 
     the results of each audit required by paragraph (1) publicly 
     available on the websites of the Government Accountability 
     Office and the Department of State, respectively.
       ``(j)(1) Not later than February 1 of each year, the 
     Secretary shall submit to the appropriate congressional 
     committees a written report that contains a list of--
       ``(A) all international agreements and qualifying non-
     binding instruments that were signed or otherwise concluded, 
     entered into force or otherwise became operative, or that 
     were modified or otherwise amended during the preceding 
     calendar year; and
       ``(B) for each agreement and instrument included in the 
     list under subparagraph (A)--
       ``(i) the dates of any action described in such 
     subparagraph;
       ``(ii) the title of the agreement or instrument; and
       ``(iii) a summary of the agreement or instrument (including 
     a description of the duration of activities under the 
     agreement or instrument and a description of the agreement or 
     instrument).
       ``(2) The report described in paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       ``(3)(A) The Secretary should make the report, except for 
     any classified annex, available to the public on the website 
     of the Department of State.
       ``(B) Not later than February 1 of each year, the Secretary 
     shall make available to the public on the website of the 
     Department of State each part of the report involving an 
     international agreement or qualifying non-binding instrument 
     that entered into force or became operative during the 
     preceding calendar year, except for any classified annex or 
     information contained therein.
       ``(4) Not less frequently than once every 90 calendar days, 
     the Secretary shall brief the appropriate congressional 
     committees on developments with regard to treaties, other 
     international agreements, and non-binding instruments that 
     have an important effect on the foreign relations of the 
     United States.
       ``(k) The President shall, through the Secretary, 
     promulgate such rules and regulations as may be necessary to 
     carry out this section.
       ``(l) It is the sense of Congress that the executive branch 
     should not prescribe or otherwise commit to or include 
     specific legislative text in a treaty, executive agreement, 
     or non-binding instrument unless Congress has authorized such 
     action.
       ``(m) In this section:
       ``(1) The term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Foreign Relations of the Senate; and
       ``(B) the Committee on Foreign Affairs of the House of 
     Representatives.
       ``(2) The term `Deputy Secretary' means the Deputy 
     Secretary of State.
       ``(3) The term `intelligence community' has the meaning 
     given that term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 3003(4)).
       ``(4) The term `international agreement' includes--
       ``(A) any treaty that requires the advice and consent of 
     the Senate, pursuant to article II of the Constitution of the 
     United States; and
       ``(B) any other international agreement to which the United 
     States is a party and that is not subject to the advice and 
     consent of the Senate.
       ``(5)(A) The term `qualifying non-binding instrument' means 
     a non-binding instrument that--
       ``(i) is or will be under negotiation or is signed or 
     otherwise becomes operative with one or more foreign 
     governments, international organizations, or foreign 
     entities, including non-state actors; and
       ``(ii)(I) could reasonably be expected to have a 
     significant impact on the foreign policy of the United 
     States; or
       ``(II) is the subject of a written communication from the 
     Chair or Ranking Member of either of the appropriate 
     congressional committees to the Secretary.
       ``(B) The term `qualifying non-binding instrument' does not 
     include any non-binding instrument that is signed or 
     otherwise becomes operative pursuant to the authorities 
     provided in title 10 or the authorities provided to any 
     element of the intelligence community.
       ``(6) The term `Secretary' means the Secretary of State.
       ``(7)(A) The term `text' with respect to an international 
     agreement or qualifying non-binding instrument includes--
       ``(i) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     international agreement or qualifying non-binding instrument; 
     and
       ``(ii) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the aforementioned 
     regardless of the title of the document, that is entered into 
     contemporaneously and in conjunction with the international 
     agreement or qualifying non-binding instrument.
       ``(B) Under clauses (i) and (ii) of subparagraph (A), the 
     term `contemporaneously and in conjunction with' shall be 
     construed liberally and shall not be interpreted to mean 
     simultaneously or on the same day.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 2 of title 1, United States Code, is 
     amended by striking the item relating to section 112b and 
     inserting the following:

``112b. United states international agreements; transparency 
              provisions.''.
       (3) Technical and conforming amendment relating to 
     authorities of the secretary of state.--Section 317(h)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is 
     amended by striking ``Section 112b(c)'' and inserting 
     ``Section 112b(g)''.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Department of State $1,000,000 for 
     each of fiscal years 2022 through 2026 for purposes of 
     implementing the requirements of section 112b of title 1, 
     United States Code, as amended by this subsection.
       (5) Rules and regulations.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall, 
     through the Secretary of State, promulgate such rules and 
     regulations as may be necessary to carry out section 112b of 
     title 1, United States Code, as amended by this subsection.
       (b) Section 112a of Title 1.--Section 112a of title 1, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``(a) The Secretary'' 
     and inserting ``The Secretary''; and
       (2) by striking subsections (b), (c), and (d).
                                 ______
                                 
  SA 4152. 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 of subtitle F of title V, add the following:

     SEC. 583. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM 
                   ADVISORY COUNCIL.

       (a) Establishment.--Chapter 7 of title 10, United States 
     Code, is amended by inserting before section 187 the 
     following new section 186:

     ``Sec. 186. Exceptional Family Member Program Advisory 
       Council

       ``(a) Establishment.--There is an Exceptional Family Member 
     Program Advisory Council in the Department of Defense (in 
     this section referred to as the `Council').
       ``(b) Purpose.--The purpose of the Council is to provide, 
     to the Subcommittees on Military Personnel of the Committees 
     on Armed Services of the Senate and House of Representatives, 
     the Secretary of Defense, and the chiefs of the covered armed 
     forces, recommendations regarding how to improve the 
     Exceptional Family Member Program. The Council shall provide 
     such recommendations not less than once every six months.
       ``(c) Composition.--The Council shall be composed of the 
     following:
       ``(1) One member of each covered armed force--
       ``(A) serving on active duty;
       ``(B) who has a dependent--
       ``(i) enrolled in the Exceptional Family Member Program; 
     and
       ``(ii) with an individualized education program; and
       ``(C) appointed by the Vice Chief of Staff of the covered 
     armed force concerned.
       ``(2) Two military spouses--
       ``(A) of members eligible to be appointed under paragraph 
     (1);
       ``(B) who are not civilian employees of the Department of 
     Defense;
       ``(C) one of whom is married to an enlisted member and one 
     of whom is married to an officer; and
       ``(D) appointed by the Vice Chief of Staff of the covered 
     armed force concerned.
       ``(3) One adult dependent--
       ``(A) enrolled in the Exceptional Family Member Program; 
     and
       ``(B) appointed by the Vice Chief of Staff of the covered 
     armed force concerned.
       ``(4) One representative of the Exceptional Family Member 
     Program Coalition.
       ``(5) One member of the Defense Health Agency.
       ``(6) One member of the Department of Defense Education 
     Activity.

[[Page S7621]]

       ``(7) One member of the Office of Special Needs.
       ``(d) Appointments.--In making appointments under 
     subsection (c), the Vice Chief of Staff of the covered armed 
     force concerned shall seek to represent the diversity of the 
     disability community.
       ``(e) Terms.--Each member of the Council shall serve a term 
     of two years, except one of the original members appointed 
     under subsection (c)(2), selected by the Secretary of Defense 
     at the time of appointment, one shall be appointed for a term 
     of three years.
       ``(f) Meetings.--The Council shall meet at least once every 
     calendar quarter, in person or by teleconference.
       ``(g) Covered Armed Force Defined.--In this section, the 
     term `covered armed force' means an armed force under the 
     jurisdiction of the Secretary of a military department.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections at the 
     beginning of such chapter is amended by inserting before the 
     item relating to section 187 the following new item:

``186. Exceptional Family Member Program Advisory Council.''.
       (2) Termination of advisory panel on community support for 
     military families with special needs.--Section 563 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 10 U.S.C. 1781c note) is amended by 
     striking subsection (d).
                                 ______
                                 
  SA 4153. 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 of subtitle E of title V, add the following:

     SEC. 576. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE 
                   TRANSITION ASSISTANCE PROGRAM.

       Section 1142(c)(1) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking ``Disability'' and 
     inserting ``Potential or confirmed medical discharge of the 
     member'';
       (2) in subparagraph (F), by striking ``Character'' and all 
     that follows through the period at the end and inserting 
     ``Potential or confirmed involuntary separation of the 
     member.'';
       (3) by redesignating subparagraph (M) as subparagraph (R); 
     and
       (4) by inserting after subparagraph (L) the following new 
     subparagraphs:
       ``(M) Child care requirements of the member (including 
     whether a dependent of the member is enrolled in the 
     Exceptional Family Member Program).
       ``(N) The employment status of other adults in the 
     household of the member.
       ``(O) The location of the duty station of the member 
     (including whether the member was separated from family while 
     on duty).
       ``(P) The effects of operating tempo and personnel tempo on 
     the member and the household of the member.
       ``(Q) Whether the member is an Indian or urban Indian, as 
     those terms are defined in section 4 of the Indian Health 
     Care Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
                                 ______
                                 
  SA 4154. Mr. WYDEN (for himself and 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 E of title III, add the following:

     SEC. 376. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE 
                   RESPONSE.

       The Secretary of the Army and the Secretary of the Air 
     Force may, in consultation with the Chief of the National 
     Guard Bureau, provide support for training of appropriate 
     personnel of the National Guard on wildfire response and 
     prevention, with preference given to military installations 
     with the highest wildfire suppression need.
                                 ______
                                 
  SA 4155. Mr. WYDEN (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1283. MODIFICATION OF AUTHORITY OF PRESIDENT UNDER 
                   EXPORT CONTROL REFORM ACT OF 2018.

       Section 1753(a)(2)(F) of the Export Control Reform Act of 
     2019 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``, 
     security, or'' before ``intelligence''.
                                 ______
                                 
  SA 4156. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. FEDERAL CYBERSECURITY REQUIREMENTS.

       (a) Exemption From Federal Requirements.--Section 225(b)(2) 
     of the Federal Cybersecurity Enhancement Act of 2015 (6 
     U.S.C. 1523(b)(2)) is amended to read as follows:
       ``(2) Exception.--
       ``(A) In general.--A particular requirement under paragraph 
     (1) shall not apply to an agency information system of an 
     agency if--
       ``(i) with respect to the agency information system, the 
     head of the agency submits to the Director an application for 
     an exemption from the particular requirement, in which the 
     head of the agency personally certifies to the Director with 
     particularity that--

       ``(I) operational requirements articulated in the 
     certification and related to the agency information system 
     would make it excessively burdensome to implement the 
     particular requirement;
       ``(II) the particular requirement is not necessary to 
     secure the agency information system or agency information 
     stored on or transiting the agency information system; and
       ``(III) the agency has taken all necessary steps to secure 
     the agency information system and agency information stored 
     on or transiting the agency information system;

       ``(ii) the head of the agency or the designee of the head 
     of the agency has submitted the certification described in 
     clause (i) to the appropriate congressional committees and 
     any other congressional committee with jurisdiction over the 
     agency; and
       ``(iii) the Director grants the exemption from the 
     particular requirement.
       ``(B) Duration of exemption.--
       ``(i) In general.--An exemption granted under subparagraph 
     (A) shall expire on the date that is 1 year after the date on 
     which the Director grants the exemption.
       ``(ii) Renewal.--Upon the expiration of an exemption 
     granted to an agency under subparagraph (A), the head of the 
     agency may apply for an additional exemption.''.
       (b) Report on Exemptions.--Section 3554(c)(1)(A) of title 
     44, United States Code, is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) by redesignating clause (iv) as clause (v); and
       (3) by inserting after clause (iii) the following:
       ``(iv) with respect to any exemptions the agency is granted 
     by the Director of the Office of Management and Budget under 
     section 225(b)(2) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the 
     date of submission of the report--

       ``(I) an identification of the particular requirements from 
     which any agency information system (as defined in section 
     2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is 
     exempted; and
       ``(II) for each requirement identified under subclause 
     (I)--

       ``(aa) an identification of the agency information system 
     described in subclause (I) exempted from the requirement; and
       ``(bb) an estimate of the date on which the agency will to 
     be able to comply with the requirement; and''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 1 year 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 4157. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S7622]]

  


     SEC. ___. REQUIREMENT FOR DIRECTOR OF NATIONAL INTELLIGENCE 
                   AND DIRECTOR OF THE FEDERAL BUREAU OF 
                   INVESTIGATION TO UNDERTAKE AN EFFORT TO 
                   IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER 
                   IDENTITY-CATCHERS AND DEVELOP COUNTERMEASURES.

       Section 5725(a) of the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Years 2018, 
     2019, and 2020 (Public 116-92; 50 U.S.C. 3024 note) is 
     amended, in the matter before paragraph (1), by striking 
     ``may'' and inserting ``shall''.
                                 ______
                                 
  SA 4158. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON COMBATING DIGITAL AUTHORITARIANISM.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     report presenting and evaluating options through which the 
     Department of Defense can combat digital authoritarianism, 
     including through research and development.
       (b) Consultation.--In preparing the report required by 
     subsection (a), the Secretary shall consult with the 
     following:
       (1) The Assistant Secretary of State for Democracy, Human 
     Rights, and Labor.
       (2) The Chief Executive Officer of the United States Agency 
     for Global Media.
       (3) The Under Secretary of Industry and Security.
       (4) The Deputy United States Trade Representative 
     responsible for digital trade.
       (5) The Deputy Under Secretary of Labor for International 
     Labor Affairs.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Publication.--The Secretary shall publish the 
     unclassified portion of the report submitted under subsection 
     (a) on a publicly available website of the Department of 
     Defense.
       (e) Appropriate Committees of Congress Defined.--In this 
     section the term ``appropriate committees of Congress'' 
     includes--
       (1) the congressional defense committees;
       (2) the Select Committee on Intelligence, the Committee on 
     Finance, and the Committee on Foreign Relations of the 
     Senate; and
       (3) the Permanent Select Committee on Intelligence, the 
     Committee on Ways and Means, and the Committee on Foreign 
     Affairs of the House of Representatives.
                                 ______
                                 
  SA 4159. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON SURVEILLANCE THREAT POSED BY FOREIGN 
                   GOVERNMENTS AND CRIMINALS USING CELL-SITE 
                   SIMULATORS NEAR FACILITIES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the surveillance threat posed by foreign governments and 
     criminals using cell-site simulators near facilities of the 
     Department of Defense to target the Government-issued and 
     personal mobile telephones of personnel of the Department.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:
       (1) A detailed plan for addressing the threat described in 
     subsection (a) for facilities of the Department located in 
     the United States and for facilities of the Department 
     located outside the United States.
       (2) An estimate of the initial and ongoing costs necessary 
     to address such threat and the time it would take to do so.
       (3) A description of any legal, regulatory, or policy 
     impediments, if any, impeding the Secretary from addressing 
     such threat, and proposals to address such impediments.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Publication.--The Secretary shall make available to the 
     public on an internet website the unclassified portion of the 
     report submitted under subsection (a).
       (e) Definitions.--In this section:
       (1) The term ``cell-site simulator'' means any device that 
     functions as or simulates a base station for commercial 
     mobile services or private mobile services in order to 
     identify, locate, or intercept transmissions from cellular 
     devices for purposes other than providing ordinary commercial 
     mobile services or private mobile services.
       (2) The term ``commercial mobile service'' has the meaning 
     given such term in section 332 of the Communications Act of 
     1934 (47 U.S.C. 332).
       (3) The term ``private mobile service'' has the meaning 
     given that term in section 332 of the Communications Act of 
     1934 (47 U.S.C. 332).
                                 ______
                                 
  SA 4160. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 728. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2018. Use of human-based methods for certain medical 
       training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2024, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2026, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary may exempt a particular command, 
     particular training method, or both, from the requirement for 
     human-based training methods under subsection (a)(2) if the 
     Secretary determines that human-based training methods will 
     not provide an educationally equivalent or superior 
     substitute for live animal-based training methods for such 
     command or training method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1, 2022, 
     and each year thereafter, the Secretary shall submit to the 
     congressional defense committees a report on the development 
     and implementation of human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2026, shall include a description of any exemption under 
     subsection (b) that is in force at the time of such report, 
     and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;
       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by adding 
     at the end the following new item:

``2018. Use of human-based methods for certain medical training.''.
                                 ______
                                 
  SA 4161. Mr. WYDEN (for himself and Ms. Lummis) 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

[[Page S7623]]

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

        Strike sections 511 through 515 and insert the following:

     SEC. 511. RESPONSIBILITIES FOR NATIONAL MOBILIZATION; 
                   PERSONNEL REQUIREMENTS.

       The Secretary of Defense shall designate a senior civilian 
     official within the Office of the Secretary of Defense as the 
     Executive Agent for National Mobilization. The Executive 
     Agent for National Mobilization shall be responsible for--
       (1) developing, managing, and coordinating policy and plans 
     that address the full spectrum of military mobilization 
     readiness, including full mobilization of personnel from 
     volunteers; and
       (2) providing Congress with a plan, developed to induct 
     large numbers of volunteers who may respond to a national 
     call for volunteers during an emergency.

     SEC. 512. REPEAL OF MILITARY SELECTIVE SERVICE ACT.

       (a) Repeal.--The Military Selective Service Act (50 U.S.C. 
     3801 et seq.) is repealed.
       (b) Transfers in Connection With Repeal.--Notwithstanding 
     the proviso in section 10(a)(4) of the Military Selective 
     Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective 
     Service Records shall not be reestablished upon the repeal of 
     the Act. Not later than 180 days after the date of the 
     enactment of this Act, the assets, contracts, property, and 
     records held by the Selective Service System, and the 
     unexpended balances of any appropriations available to the 
     Selective Service System, shall be transferred to the 
     Administrator of General Services upon the repeal of the Act. 
     The Director of the Office of Personnel Management shall 
     assist officers and employees of the Selective Service System 
     to transfer to other positions in the executive branch.
       (c) Effect on Existing Sanctions.--
       (1) Notwithstanding any other provision of law, a person 
     may not be denied a right, privilege, benefit, or employment 
     position under Federal law on the grounds that the person 
     failed to present himself for and submit to registration 
     under section 3 of the Military Selective Service Act (50 
     U.S.C. 3802), before the repeal of that Act by subsection 
     (a).
       (2) A State, political subdivision of a State, or political 
     authority of two or more States may not enact or enforce a 
     law, regulation, or other provision having the force and 
     effect of law to penalize or deny any privilege or benefit to 
     a person who failed to present himself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a). In this section, ``State'' means a State, 
     the District of Columbia, and a territory or possession of 
     the United States.
       (3) Failing to present oneself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a), shall not be reason for any entity of the 
     United States Government to determine that a person lacks 
     good moral character or is unsuited for any privilege or 
     benefit.
       (d) Conscientious Objectors.--Nothing contained in this 
     section shall be construed to undermine or diminish the 
     rights of conscientious objectors under laws and regulations 
     of the United States.
                                 ______
                                 
  SA 4162. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 104___. OREGON RECREATION ENHANCEMENT.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to public 
     land administered by the Secretary of the Interior; or
       (B) the Secretary of Agriculture, with respect to National 
     Forest System land.
       (2) State.--The term ``State'' means the State of Oregon.
       (b) Rogue Canyon and Molalla Recreation Areas, Oregon.--
       (1) Designation of rogue canyon and molalla recreation 
     areas.--For the purposes of protecting, conserving, and 
     enhancing the unique and nationally important recreational, 
     ecological, scenic, cultural, watershed, and fish and 
     wildlife values of the areas, the following areas in the 
     State are designated as recreation areas for management by 
     the Secretary in accordance with paragraph (3):
       (A) Rogue canyon recreation area.--The approximately 98,150 
     acres of Bureau of Land Management land within the boundary 
     generally depicted as the ``Rogue Canyon Recreation Area'' on 
     the map entitled ``Rogue Canyon Recreation Area Wild Rogue 
     Wilderness Additions'' and dated November 19, 2019, which is 
     designated as the ``Rogue Canyon Recreation Area''.
       (B) Molalla recreation area.--The approximately 29,884 
     acres of Bureau of Land Management land within the boundary 
     generally depicted on the map entitled ``Molalla Recreation 
     Area'' and dated September 26, 2018, which is designated as 
     the ``Molalla Recreation Area''.
       (2) Maps and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of each recreation area designated by 
     paragraph (1).
       (B) Effect.--The maps and legal descriptions prepared under 
     subparagraph (A) shall have the same force and effect as if 
     included in this section, except that the Secretary may 
     correct any minor errors in the maps and legal descriptions.
       (C) Public availability.--The maps and legal descriptions 
     prepared under subparagraph (A) shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (3) Administration.--
       (A) Applicable law.--The Secretary shall administer each 
     recreation area designated by paragraph (1)--
       (i) in a manner that conserves, protects, and enhances the 
     purposes for which the recreation area is established; and
       (ii) in accordance with--

       (I) this subsection;
       (II) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (III) other applicable laws.

       (B) Uses.--The Secretary shall only allow those uses of a 
     recreation area designated by paragraph (1) that are 
     consistent with the purposes for which the recreation area is 
     established.
       (C) Wildfire risk assessment.--Not later than 280 days 
     after the date of enactment of this Act, the Secretary, in 
     consultation with the Oregon Governor's Council on Wildfire 
     Response, shall conduct a wildfire risk assessment that 
     covers--
       (i) the recreation areas designated by paragraph (1);
       (ii) the Wild Rogue Wilderness; and
       (iii) any Federal land adjacent to an area described in 
     clause (i) or (ii).
       (D) Wildfire mitigation plan.--
       (i) In general.--Not later than 1 year after the date on 
     which the wildfire risk assessment is conducted under 
     subparagraph (C), the Secretary shall develop a wildfire 
     mitigation plan, based on the wildfire risk assessment, that 
     identifies, evaluates, and prioritizes treatments and other 
     management activities that can be implemented on the Federal 
     land covered by the wildfire risk assessment (other than 
     Federal land designated as a unit of the National Wilderness 
     Preservation System) to mitigate wildfire risk to communities 
     located near the applicable Federal land.
       (ii) Plan components.--The wildfire mitigation plan 
     developed under clause (i) shall include--

       (I) vegetation management projects (including mechanical 
     treatments to reduce hazardous fuels and improve forest 
     health and resiliency);
       (II) evacuation routes for communities located near the 
     applicable Federal land, which shall be developed in 
     consultation with State and local fire agencies; and
       (III) strategies for public dissemination of emergency 
     evacuation plans and routes.

       (iii) Applicable law.--The wildfire mitigation plan under 
     clause (i) shall be developed in accordance with--

       (I) this subsection; and
       (II) any other applicable law.

       (E) Road construction.--
       (i) In general.--Except as provided in clause (ii) or as 
     the Secretary determines necessary for public safety, no new 
     permanent or temporary roads shall be constructed (other than 
     the repair and maintenance of existing roads) within a 
     recreation area designated by paragraph (1).
       (ii) Temporary roads.--Consistent with the purposes of this 
     section, the Secretary may construct temporary roads within a 
     recreation area designated by paragraph (1) to implement the 
     wildfire mitigation plan developed under subparagraph (D), 
     unless the temporary road would be within an area designated 
     as a unit of the National Wilderness Preservation System.
       (iii) Effect.--Nothing in this subparagraph affects the 
     administration by the Secretary of the Molalla Forest Road in 
     accordance with applicable resource management plans.
       (F) Effect on wildfire management.--Nothing in this 
     subsection alters the authority of the Secretary (in 
     cooperation with other Federal, State, and local agencies, as 
     appropriate) to conduct wildland fire operations within a 
     recreation area designated by paragraph (1), consistent with 
     the purposes of this section.
       (G) Withdrawal.--Subject to valid existing rights, all 
     Federal surface and subsurface land within a recreation area 
     designated by paragraph (1) is withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral 
     leasing, geothermal leasing, or mineral materials.
       (H) No effect on wilderness areas.--Any wilderness area 
     located within a recreation

[[Page S7624]]

     area designated by paragraph (1) shall be administered in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
       (4) Adjacent management.--Nothing in this subsection 
     creates any protective perimeter or buffer zone around a 
     recreation area designated by paragraph (1).
       (c) Expansion of Wild Rogue Wilderness Area.--
       (1) Definitions.--In this subsection:
       (A) Map.--The term ``map'' means the map entitled ``Rogue 
     Canyon Recreation Area Wild Rogue Wilderness Additions'' and 
     dated November 19, 2019.
       (B) Wilderness additions.--The term ``Wilderness 
     additions'' means the land added to the Wild Rogue Wilderness 
     under paragraph (2)(A).
       (2) Expansion of wild rogue wilderness area.--
       (A) Expansion.--The approximately 59,512 acres of Federal 
     land in the State generally depicted on the map as ``Proposed 
     Wilderness'' shall be added to and administered as part of 
     the Wild Rogue Wilderness in accordance with the Endangered 
     American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public 
     Law 95-237), except that--
       (i) the Secretary of the Interior and the Secretary of 
     Agriculture shall administer the Federal land under their 
     respective jurisdiction; and
       (ii) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of Agriculture or the Secretary of the Interior, as 
     applicable.
       (B) Map; legal description.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the wilderness area designated by 
     subparagraph (A).
       (ii) Force of law.--The map and legal description filed 
     under clause (i) shall have the same force and effect as if 
     included in this subsection, except that the Secretary may 
     correct typographical errors in the map and legal 
     description.
       (iii) Public availability.--The map and legal description 
     filed under clause (i) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management and Forest Service.
       (C) Fire, insects, and disease.--The Secretary may take 
     such measures within the Wilderness additions as the 
     Secretary determines to be necessary for the control of fire, 
     insects, and disease, in accordance with section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)).
       (D) Withdrawal.--Subject to valid existing rights, the 
     Wilderness additions are withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral 
     leasing, geothermal leasing, or mineral materials.
       (E) Tribal rights.--Nothing in this paragraph alters, 
     modifies, enlarges, diminishes, or abrogates the treaty 
     rights of any Indian Tribe.
       (d) Withdrawal of Federal Land, Curry County and Josephine 
     County, Oregon.--
       (1) Definitions.--In this subsection:
       (A) Eligible federal land.--The term ``eligible Federal 
     land'' means--
       (i) any federally owned land or interest in land depicted 
     on the Maps as within the Hunter Creek and Pistol River 
     Headwaters Withdrawal Proposal or the Rough and Ready and 
     Baldface Creeks Mineral Withdrawal Proposal; or
       (ii) any land or interest in land located within such 
     withdrawal proposals that is acquired by the Federal 
     Government after the date of enactment of this Act.
       (B) Maps.--The term ``Maps'' means--
       (i) the Bureau of Land Management map entitled ``Hunter 
     Creek and Pistol River Headwaters Withdrawal Proposal'' and 
     dated January 12, 2015; and
       (ii) the Bureau of Land Management map entitled ``Rough and 
     Ready and Baldface Creeks Mineral Withdrawal Proposal'' and 
     dated January 12, 2015.
       (2) Withdrawal.--Subject to valid existing rights, the 
     eligible Federal land is withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation under the mineral leasing and geothermal 
     leasing laws.
       (3) Availability of maps.--Not later than 30 days after the 
     date of enactment of this Act, the Maps shall be made 
     available to the public at each appropriate office of the 
     Bureau of Land Management.
       (4) Existing uses not affected.--Except with respect to the 
     withdrawal under paragraph (2), nothing in this subsection 
     restricts recreational uses, hunting, fishing, forest 
     management activities, or other authorized uses allowed on 
     the date of enactment of this Act on the eligible Federal 
     land in accordance with applicable law.
                                 ______
                                 
  SA 4163. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place XV, insert the following:

     SEC. 15__. REPORT ON PURCHASE AND USE BY DEPARTMENT OF 
                   DEFENSE OF LOCATION DATA GENERATED BY 
                   AMERICANS' PHONES AND THEIR INTERNET METADATA.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees and make 
     available to the public on an internet website of the 
     Department of Defense a report that--
       (1) identifies each covered entity that is currently, or 
     during the five year period ending on the date of the 
     enactment of this Act was, without a court order--
       (A) obtaining in exchange for anything of value any covered 
     records; and
       (B) intentionally retaining or intentionally using such 
     covered records; and
       (2) for each covered entity identified pursuant to 
     paragraph (1), identifies--
       (A) each category of covered record the covered entity, 
     without a court order, is obtaining or obtained, in exchange 
     for anything of value;
       (B) whether the covered entity intentionally retained or is 
     intentionally retaining each category of covered records 
     pursuant to subparagraph (A);
       (C) whether the covered entity intentionally uses or used 
     each category of covered records identified pursuant to 
     subparagraph (A); and
       (D) whether such obtaining, retention, and use ceased 
     before the date of the enactment of this Act or is ongoing.
       (b) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form.
       (c) Determination of Parties to a Communication.--In 
     determining under this section whether a party to a 
     communication is likely to be located inside or outside the 
     United States, the Secretary shall consider the Internet 
     Protocol (IP) address used by the party to the communication, 
     but may also consider other information known to the 
     Secretary.
       (d) Definitions.--In this section:
       (1) The term ``covered entities'' means the Defense 
     Agencies, Department of Defense activities, and components of 
     the Department that--
       (A) are under the authority, direction, and control of the 
     Under Secretary of Defense for Intelligence and Security; or
       (B) over which the Under Secretary exercises planning, 
     policy, funding, or strategic oversight authority.
       (2) The term ``covered records'' includes the following:
       (A) Location data generated by phones that are likely to be 
     located in the United States.
       (B) Domestic phone call records.
       (C) International phone call records.
       (D) Domestic text message records.
       (E) International text message records.
       (F) Domestic netflow records.
       (G) International netflow records.
       (H) Domestic Domain Name System records.
       (I) International Domain Name System records.
       (J) Other types of domestic internet metadata.
       (K) Other types of international internet metadata.
       (3) The term ``domestic'' means a telephone or an internet 
     communication in which all parties to the communication are 
     likely to be located in the United States.
       (4)(A) The term ``international'' means a telephone or an 
     internet communication in which one or more parties to the 
     communication are likely to be located in the United States 
     and one or more parties to the communication are likely to be 
     located outside the United States.
       (B) The term ``international'' does not include a telephone 
     or an internet communication in which all parties to the 
     communication are likely to be located outside the United 
     States.
       (5) The term ``obtain in exchange for anything of value'' 
     means to obtain by purchasing, to receive in connection with 
     services being provided for consideration, or to otherwise 
     obtain in exchange for consideration, including an access 
     fee, service fee, maintenance fee, or licensing fee.
       (6)(A) Except as provided in su bparagraph (B), the term 
     ``retain'' means the storage of a covered record.
       (B) The term ``retain'' does not include the temporary 
     storage of a covered record that will be, but has not yet 
     been, subjected to a process in which the covered record, 
     which is part of a larger compilation containing records that 
     are not covered records, are identified and deleted.
       (7)(A) Except as provided in subparagraph (B), the term 
     ``use'', with respect to a covered record, includes 
     analyzing, processing, or sharing the covered record.
       (B) The term ``use'' does not include subjecting the 
     covered record to a process in which the covered record, 
     which is part of a larger compilation containing records that 
     are not covered records, are identified and deleted.

[[Page S7625]]

  

                                 ______
                                 
  SA 4164. Mr. WYDEN (for himself and 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 B of title III, add the following:

     SEC. 318. LIMITATION ON MODIFICATION OF TRAINING ACTIVITIES 
                   IN OREGON PURSUANT TO RECORD OF DECISION FOR 
                   ENVIRONMENTAL IMPACT STATEMENT RELATING TO 
                   MOUNTAIN HOME AIR FORCE BASE, IDAHO.

       The Secretary of the Air Force shall ensure that any record 
     of decision issued by the Secretary for the Airspace 
     Optimization for Readiness Environmental Impact Statement for 
     Mountain Home Air Force Base, Idaho, does not modify existing 
     training regimes and activities of the Air Force in Oregon 
     until the Secretary, in coordination with the United States 
     Geological Survey and the Oregon Department of Fish and 
     Wildlife, has conducted and then analyzed in a supplemental 
     draft environmental impact statement comprehensive, primary 
     research on the effects of real noise, the risk of wildfire 
     from the use of flares, and the risk of water pollution from 
     the use of chaff from current and proposed future military 
     training on wildlife and human communities in the Mountain 
     Home Military Operations Area in Oregon.
                                 ______
                                 
  SA 4165. Mr. JOHNSON (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        After section 1247, add the following:

     SEC. 1248. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE 
                   AUTHORIZATION EXCEPTION TO CERTAIN EXPORT 
                   CONTROL LICENSING REQUIREMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) Taiwan has adopted high standards in the field of 
     export controls.
       (2) Taiwan has declared its unilateral adherence to the 
     Missile Technology Control Regime, the Wassenaar Arrangement, 
     the Australia Group, and the Nuclear Suppliers Group.
       (3) At the request of President George W. Bush, section 
     1206 of the Foreign Relations Authorization Act, Fiscal Year 
     2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that 
     Taiwan be treated as if it were designated as a major non-
     NATO ally (as defined in section 644(q) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(q)).
       (b) Eligibility for Strategic Trade Authorization.--The 
     President, consistent with the commitments of the United 
     States under international arrangements, shall take steps so 
     that Taiwan may be treated as if it were included in the list 
     of countries eligible for the strategic trade authorization 
     exception under section 740.20(c)(1) of the Export 
     Administration Regulations to the requirement for a license 
     for the export, re-export, or in-country transfer of an item 
     subject to controls under the Export Administration 
     Regulations.
       (c) Criteria.--Before the President may treat Taiwan as 
     eligible for the exception described in subsection (b), the 
     President shall ensure that Taiwan satisfies any applicable 
     criteria normally required for inclusion in the Country Group 
     A:5 list set forth in Supplement No. 1 to part 740 of the 
     Export Administration Regulations, particularly with respect 
     to alignment of export control policies with such policies of 
     the United States.
       (d) Export Administration Regulations Defined.--In this 
     section, the term ``Export Administration Regulations'' has 
     the meaning given that term in section 1742 of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4801).
                                 ______
                                 
  SA 4166. 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 A of title XV, add the following:

     SEC. 1516. STATEMENT OF POLICY ON FOSTERING SPACE LAUNCH 
                   COMPETITION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of Defense and the Director of the 
     National Reconnaissance Office should, to the extent 
     practicable, procure launch services through the most 
     competitive means available based on the requirements of each 
     mission, including full and open competition and the Orbital 
     Services Program-4; and
       (2) to the extent necessary for any mission that can only 
     be performed by launch providers that meet the high 
     requirements of the Phase 2 of the National Security Space 
     Launch program, the Secretary and the Director should 
     continue to use launch services under a Phase 2 contract of 
     such program.
       (b) Statement of Policy.--With respect to entering into 
     contracts for launch services during the period beginning on 
     the date of the enactment of this Act and ending September 
     30, 2024, it shall be the policy of the Department of Defense 
     and the National Reconnaissance Office to foster a robust, 
     innovative, and competitive commercial launch sector that 
     supports the national interests of the United States and 
     advances United States leadership in space.
                                 ______
                                 
  SA 4167. Mr. BROWN (for himself and Mr. Scott of South Carolina) 
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. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.

       (a) Increase.--Funds authorized to be appropriated in 
     Research, Development, Test, and Evaluation, Defense-wide, PE 
     0601228D8Z, section 4201, for Basic Research, Historically 
     Black Colleges and Universities/Minority Institutions, Line 
     7, are hereby increased by $20,000,000.
       (b) Offset.--Funding in section 4101 for Other Procurement, 
     Army, for Automated Data Processing Equipment, Line 109, is 
     hereby reduced by $20,000,000.
                                 ______
                                 
  SA 4168. Mr. SCHATZ (for himself, Ms. Murkowski, and Mr. Rounds) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

 DIVISION E--REAUTHORIZATION OF NATIVE AMERICAN HOUSING ASSISTANCE AND 
                     SELF-DETERMINATION ACT OF 1996

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2021''.

     SEC. 5002. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--

[[Page S7626]]

       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2022 through 2032''.

     SEC. 5004. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 5005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 5006. PROGRAM REQUIREMENTS.

       Section 203(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as 
     amended by section 5) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Application of tribal policies.--Paragraph (3) shall 
     not apply if--
       ``(A) the recipient has a written policy governing rents 
     and homebuyer payments charged for dwelling units; and
       ``(B) that policy includes a provision governing maximum 
     rents or homebuyer payments, including tenant protections.''; 
     and
       (4) in paragraph (3) (as so redesignated), by striking ``In 
     the case of'' and inserting ``In the absence of a written 
     policy governing rents and homebuyer payments, in the case 
     of''.

     SEC. 5007. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$10,000''.

     SEC. 5008. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 5009. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 5010. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 5011. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 5012. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 5013. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 5014. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING 
                   ACTIVITIES.

       Section 802(e) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is 
     amended by--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(1) In general.--The Director''; and
       (2) by adding at the end the following:
       ``(2) Subawards.--Notwithstanding any other provision of 
     law, including provisions of State law requiring competitive 
     procurement, the Director may make subawards to 
     subrecipients, except for for-profit entities, using amounts 
     provided under this title to carry out affordable housing 
     activities upon a determination by the Director that such 
     subrecipients have adequate capacity to carry out activities 
     in accordance with this Act.''.

     SEC. 5015. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2022 
     through 2032.''.

[[Page S7627]]

  


     SEC. 5016. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

       Affordable housing (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that is developed, acquired, or 
     assisted under the block grant program established under 
     section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary of Housing and Urban Development, the total 
     development cost maximum cost for all housing assisted under 
     an affordable housing activity, including development and 
     model activities.

     SEC. 5017. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).''.

     SEC. 5018. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 5019. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184(b)(4) of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) 
     is amended--
       (1) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margins accordingly;
       (2) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (3) in subparagraph (A), as so designated, by adding at the 
     end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (4) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;
       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2022 through 2032.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2022 through 2032''.

     SEC. 5020. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (c)(4)(B)--
       (A) by redesignating clause (iv) as clause (v); and
       (B) by inserting after clause (iii) the following:
       ``(iv) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (2) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2022 through 2032.''.

     SEC. 5021. ASSISTANT SECRETARY FOR INDIAN HOUSING.

       The Department of Housing and Urban Development Act (42 
     U.S.C. 3531 et seq.) is amended--
       (1) in section 4 (42 U.S.C. 3533)--
       (A) in subsection (a)(1), by striking ``7'' and inserting 
     ``8''; and
       (B) in subsection (e)--
       (i) by redesignating paragraph (2) as paragraph (4); and
       (ii) by striking ``(e)(1)(A) There'' and all that follows 
     through the end of paragraph (1) and inserting the following:
       ``(e)(1) There is established within the Department the 
     Office of Native American Programs (in this subsection 
     referred to as the `Office') to be headed by an Assistant 
     Secretary for Native American Programs (in this subsection 
     referred to as the `Assistant Secretary'), who shall be 1 of 
     the Assistant Secretaries in subsection (a)(1).
       ``(2) The Assistant Secretary shall be responsible for--
       ``(A) administering, in coordination with the relevant 
     office in the Department, the provision of housing assistance 
     to Indian tribes or Indian housing authorities under each 
     program of the Department that provides for such assistance;
       ``(B) administering the community development block grant 
     program for Indian tribes under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
     and the provision of assistance to Indian tribes under such 
     Act;
       ``(C) directing, coordinating, and assisting in managing 
     any regional offices of the Department that administer Indian 
     programs to the extent of such programs; and
       ``(D) coordinating all programs of the Department relating 
     to Indian and Alaska Native housing and community 
     development.
       ``(3) The Secretary shall include in the annual report 
     under section 8 a description of the extent of the housing 
     needs for Indian families and community development needs of 
     Indian tribes in the United States and the activities of the 
     Department, and extent of such activities, in meeting such 
     needs.''; and
       (2) in section 8 (42 U.S.C. 3536), by striking ``section 
     4(e)(2)'' and inserting ``section 4(e)(4)''.

     SEC. 5022. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients of assistance under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
     related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement

[[Page S7628]]

     agencies for additional security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;
       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to section, which shall identify the grantees 
     and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2022 through 2032 to carry out this section.

     SEC. 5023. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(E) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

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

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

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

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

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

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

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

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

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and

[[Page S7629]]

       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

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

       ``(viii) Waiver.--

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

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

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

       ``(x) Reporting.--

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

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

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

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

     SEC. 5024. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     division or the amendments made by this division may be used 
     for purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.
                                 ______
                                 
  SA 4169. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of division A, add the following:

                TITLE XVII--COLORADO OUTDOOR RECREATION

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Colorado Outdoor 
     Recreation and Economy Act''.

     SEC. 1702. DEFINITION OF STATE.

       In this title, the term ``State'' means the State of 
     Colorado.

                     Subtitle A--Continental Divide

     SEC. 1711. DEFINITIONS.

       In this subtitle:
       (1) Covered area.--The term ``covered area'' means any area 
     designated as wilderness by the amendments to section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) made by section 1712(a).
       (2) Historic landscape.--The term ``Historic Landscape'' 
     means the Camp Hale National Historic Landscape designated by 
     section 1717(a).
       (3) Recreation management area.--The term ``Recreation 
     Management Area'' means the Tenmile Recreation Management 
     Area designated by section 1714(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) Wildlife conservation area.--The term ``Wildlife 
     Conservation Area'' means, as applicable--
       (A) the Porcupine Gulch Wildlife Conservation Area 
     designated by section 1715(a); and
       (B) the Williams Fork Mountains Wildlife Conservation Area 
     designated by section 1716(a).

     SEC. 1712. COLORADO WILDERNESS ADDITIONS.

       (a) Designation.--Section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is 
     amended--
       (1) in paragraph (18), by striking ``1993,'' and inserting 
     ``1993, and certain Federal land within the White River 
     National Forest that comprises approximately 6,896 acres, as 
     generally depicted as `Proposed Ptarmigan Peak Wilderness 
     Additions' on the map entitled `Proposed Ptarmigan Peak 
     Wilderness Additions' and dated June 24, 2019,''; and
       (2) by adding at the end the following:
       ``(23) Holy cross wilderness addition.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 3,866 acres, as generally depicted as `Proposed 
     Megan Dickie Wilderness Addition' on the map entitled `Holy 
     Cross Wilderness Addition Proposal' and dated June 24, 2019, 
     which shall be incorporated into, and managed as part of, the 
     Holy Cross Wilderness designated by section 102(a)(5) of 
     Public Law 96-560 (94 Stat. 3266).
       ``(24) Hoosier ridge wilderness.--Certain Federal land 
     within the White River National Forest that comprises 
     approximately 5,235 acres, as generally depicted as `Proposed 
     Hoosier Ridge Wilderness' on the map entitled `Tenmile 
     Proposal' and dated June 24, 2019, which shall be known as 
     the `Hoosier Ridge Wilderness'.
       ``(25) Tenmile wilderness.--Certain Federal land within the 
     White River National Forest that comprises approximately 
     7,624 acres, as generally depicted as `Proposed Tenmile 
     Wilderness' on the map entitled `Tenmile Proposal' and dated 
     June 24, 2019, which shall be known as the `Tenmile 
     Wilderness'.
       ``(26) Eagles nest wilderness additions.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 9,670 acres, as generally depicted as `Proposed 
     Freeman Creek Wilderness Addition' and `Proposed Spraddle 
     Creek Wilderness Addition' on the map entitled `Eagles Nest 
     Wilderness Additions Proposal' and dated June 24, 2019, which 
     shall be incorporated into, and managed as part of, the 
     Eagles Nest Wilderness designated by Public Law 94-352 (90 
     Stat. 870).''.
       (b) Applicable Law.--Any reference in the Wilderness Act 
     (16 U.S.C. 1131 et seq.) to the effective date of that Act 
     shall be considered to be a reference to the date of 
     enactment of this Act for purposes of administering a covered 
     area.
       (c) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary may carry out any activity in a covered area 
     that the Secretary determines to be necessary for the control 
     of fire, insects, and diseases, subject to such terms and 
     conditions as the Secretary determines to be appropriate.
       (d) Grazing.--The grazing of livestock on a covered area, 
     if established before the date of enactment of this Act, 
     shall be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary, in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (e) Coordination.--For purposes of administering the 
     Federal land designated as wilderness by paragraph (26) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by subsection 
     (a)(2)), the Secretary shall, as determined to be appropriate 
     for the protection of watersheds, coordinate the activities 
     of the Secretary in response to fires and flooding events 
     with interested State and local agencies, including 
     operations using aircraft or mechanized equipment.

     SEC. 1713. WILLIAMS FORK MOUNTAINS WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     in the White River National Forest in the State, comprising 
     approximately 8,036 acres, as generally depicted as 
     ``Proposed Williams Fork Mountains Wilderness'' on the map 
     entitled ``Williams Fork Mountains Proposal'' and dated June 
     24, 2019, is designated as a potential wilderness area.

[[Page S7630]]

       (b) Management.--Subject to valid existing rights and 
     except as provided in subsection (d), the potential 
     wilderness area designated by subsection (a) shall be managed 
     in accordance with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) this section.
       (c) Livestock Use of Vacant Allotments.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, in accordance with applicable laws 
     (including regulations), the Secretary shall publish a 
     determination regarding whether to authorize livestock 
     grazing or other use by livestock on the vacant allotments 
     known as--
       (A) the ``Big Hole Allotment''; and
       (B) the ``Blue Ridge Allotment''.
       (2) Modification of allotments.--In publishing a 
     determination pursuant to paragraph (1), the Secretary may 
     modify or combine the vacant allotments referred to in that 
     paragraph.
       (3) Permit or other authorization.--Not later than 1 year 
     after the date on which a determination of the Secretary to 
     authorize livestock grazing or other use by livestock is 
     published under paragraph (1), if applicable, the Secretary 
     shall grant a permit or other authorization for that 
     livestock grazing or other use in accordance with applicable 
     laws (including regulations).
       (d) Range Improvements.--
       (1) In general.--If the Secretary permits livestock grazing 
     or other use by livestock on the potential wilderness area 
     under subsection (c), the Secretary, or a third party 
     authorized by the Secretary, may use any motorized or 
     mechanized transport or equipment for purposes of 
     constructing or rehabilitating such range improvements as are 
     necessary to obtain appropriate livestock management 
     objectives (including habitat and watershed restoration).
       (2) Termination of authority.--The authority provided by 
     this subsection terminates on the date that is 2 years after 
     the date on which the Secretary publishes a positive 
     determination under subsection (c)(3).
       (e) Designation as Wilderness.--
       (1) Designation.--The potential wilderness area designated 
     by subsection (a) shall be designated as wilderness, to be 
     known as the ``Williams Fork Mountains Wilderness''--
       (A) effective not earlier than the date that is 180 days 
     after the date of enactment this Act; and
       (B) on the earliest of--
       (i) the date on which the Secretary publishes in the 
     Federal Register a notice that the construction or 
     rehabilitation of range improvements under subsection (d) is 
     complete;
       (ii) the date described in subsection (d)(2); and
       (iii) the effective date of a determination of the 
     Secretary not to authorize livestock grazing or other use by 
     livestock under subsection (c)(1).
       (2) Administration.--Subject to valid existing rights, the 
     Secretary shall manage the Williams Fork Mountains Wilderness 
     in accordance with--
       (A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 
     note; Public Law 103-77); and
       (B) this subtitle.

     SEC. 1714. TENMILE RECREATION MANAGEMENT AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 17,122 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Tenmile Recreation Management Area'' on the map 
     entitled ``Tenmile Proposal'' and dated June 24, 2019, are 
     designated as the ``Tenmile Recreation Management Area''.
       (b) Purposes.--The purposes of the Recreation Management 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the 
     recreational, scenic, watershed, habitat, and ecological 
     resources of the Recreation Management Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Recreation 
     Management Area--
       (A) in a manner that conserves, protects, and enhances--
       (i) the purposes of the Recreation Management Area 
     described in subsection (b); and
       (ii) recreation opportunities, including mountain biking, 
     hiking, fishing, horseback riding, snowshoeing, climbing, 
     skiing, camping, and hunting; and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Recreation Management Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Vehicles.--
       (i) In general.--Except as provided in clause (iii), the 
     use of motorized vehicles in the Recreation Management Area 
     shall be limited to the roads, vehicle classes, and periods 
     authorized for motorized vehicle use on the date of enactment 
     of this Act.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii), no new or temporary road shall be constructed in the 
     Recreation Management Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) rerouting or closing an existing road or trail to 
     protect natural resources from degradation, as the Secretary 
     determines to be appropriate;
       (II) authorizing the use of motorized vehicles for 
     administrative purposes or roadside camping;
       (III) constructing temporary roads or permitting the use of 
     motorized vehicles to carry out pre- or post-fire watershed 
     protection projects;
       (IV) authorizing the use of motorized vehicles to carry out 
     any activity described in subsection (d), (e)(1), or (f); or
       (V) responding to an emergency.

       (C) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Recreation Management Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to prevent, control, or mitigate fire, insects, or 
     disease in the Recreation Management Area, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (e) Water.--
       (1) Effect on water management infrastructure.--Nothing in 
     this section affects the construction, repair, 
     reconstruction, replacement, operation, maintenance, or 
     renovation within the Recreation Management Area of--
       (A) water management infrastructure in existence on the 
     date of enactment of this Act; or
       (B) any future infrastructure necessary for the development 
     or exercise of water rights decreed before the date of 
     enactment of this Act.
       (2) Applicable law.--Section 3(e) of the James Peak 
     Wilderness and Protection Area Act (Public Law 107-216; 116 
     Stat. 1058) shall apply to the Recreation Management Area.
       (f) Regional Transportation Projects.--Nothing in this 
     section precludes the Secretary from authorizing, in 
     accordance with applicable laws (including regulations), the 
     use or leasing of Federal land within the Recreation 
     Management Area for--
       (1) a regional transportation project, including--
       (A) highway widening or realignment; and
       (B) construction of multimodal transportation systems; or
       (2) any infrastructure, activity, or safety measure 
     associated with the implementation or use of a facility 
     constructed under paragraph (1).
       (g) Applicable Law.--Nothing in this section affects the 
     designation of the Federal land within the Recreation 
     Management Area for purposes of--
       (1) section 138 of title 23, United States Code; or
       (2) section 303 of title 49, United States Code.
       (h) Permits.--Nothing in this section alters or limits--
       (1) any permit held by a ski area or other entity; or
       (2) the acceptance, review, or implementation of associated 
     activities or facilities proposed or authorized by law or 
     permit outside the boundaries of the Recreation Management 
     Area.

     SEC. 1715. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 8,287 acres of Federal land located in the 
     White River National Forest, as generally depicted as 
     ``Proposed Porcupine Gulch Wildlife Conservation Area'' on 
     the map entitled ``Porcupine Gulch Wildlife Conservation Area 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Porcupine Gulch Wildlife Conservation Area'' (referred to 
     in this section as the ``Wildlife Conservation Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are--
       (1) to conserve and protect a wildlife migration corridor 
     over Interstate 70; and
       (2) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, and ecological resources of the 
     Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Recreation.--The Secretary may permit such recreational 
     activities in the Wildlife Conservation Area that the 
     Secretary determines are consistent with the purposes 
     described in subsection (b).
       (C) Motorized vehicles and mechanized transport; new or 
     temporary roads.--
       (i) Motorized vehicles and mechanized transport.--Except as 
     provided in clause

[[Page S7631]]

     (iii), the use of motorized vehicles and mechanized transport 
     in the Wildlife Conservation Area shall be prohibited.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii) and subsection (e), no new or temporary road shall be 
     constructed within the Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) authorizing the use of motorized vehicles or mechanized 
     transport for administrative purposes;
       (II) constructing temporary roads or permitting the use of 
     motorized vehicles or mechanized transport to carry out pre- 
     or post-fire watershed protection projects;
       (III) authorizing the use of motorized vehicles or 
     mechanized transport to carry out activities described in 
     subsection (d) or (e); or
       (IV) responding to an emergency.

       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to prevent, control, or mitigate fire, insects, or 
     disease in the Wildlife Conservation Area, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (e) Regional Transportation Projects.--Nothing in this 
     section or section 1720(f) precludes the Secretary from 
     authorizing, in accordance with applicable laws (including 
     regulations), the use or leasing of Federal land within the 
     Wildlife Conservation Area for--
       (1) a regional transportation project, including--
       (A) highway widening or realignment; and
       (B) construction of multimodal transportation systems; or
       (2) any infrastructure, activity, or safety measure 
     associated with the implementation or use of a facility 
     constructed under paragraph (1).
       (f) Applicable Law.--Nothing in this section affects the 
     designation of the Federal land within the Wildlife 
     Conservation Area for purposes of--
       (1) section 138 of title 23, United States Code; or
       (2) section 303 of title 49, United States Code.
       (g) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 1716. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION 
                   AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 3,528 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Williams Fork Mountains Wildlife Conservation 
     Area'' on the map entitled ``Williams Fork Mountains 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Williams Fork Mountains Wildlife Conservation Area'' 
     (referred to in this section as the ``Wildlife Conservation 
     Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, recreational, and ecological 
     resources of the Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Motorized vehicles.--
       (i) In general.--Except as provided in clause (iii), the 
     use of motorized vehicles in the Wildlife Conservation Area 
     shall be limited to designated roads and trails.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii), no new or temporary road shall be constructed in the 
     Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) authorizing the use of motorized vehicles for 
     administrative purposes;
       (II) authorizing the use of motorized vehicles to carry out 
     activities described in subsection (d); or
       (III) responding to an emergency.

       (C) Bicycles.--The use of bicycles in the Wildlife 
     Conservation Area shall be limited to designated roads and 
     trails.
       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (E) Grazing.--The laws (including regulations) and policies 
     followed by the Secretary in issuing and administering 
     grazing permits or leases on land under the jurisdiction of 
     the Secretary shall continue to apply with regard to the land 
     in the Wildlife Conservation Area, consistent with the 
     purposes described in subsection (b).
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to prevent, control, or mitigate fire, insects, or 
     disease in the Wildlife Conservation Area, subject to such 
     terms and conditions as the Secretary determines to be 
     appropriate.
       (e) Regional Transportation Projects.--Nothing in this 
     section or section 1720(f) precludes the Secretary from 
     authorizing, in accordance with applicable laws (including 
     regulations), the use or leasing of Federal land within the 
     Wildlife Conservation Area for--
       (1) a regional transportation project, including--
       (A) highway widening or realignment; and
       (B) construction of multimodal transportation systems; or
       (2) any infrastructure, activity, or safety measure 
     associated with the implementation or use of a facility 
     constructed under paragraph (1).
       (f) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 1717. CAMP HALE NATIONAL HISTORIC LANDSCAPE.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 28,676 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Camp Hale National Historic Landscape'' on the map 
     entitled ``Camp Hale National Historic Landscape Proposal'' 
     and dated June 24, 2019, are designated the ``Camp Hale 
     National Historic Landscape''.
       (b) Purposes.--The purposes of the Historic Landscape are--
       (1) to provide for--
       (A) the interpretation of historic events, activities, 
     structures, and artifacts of the Historic Landscape, 
     including with respect to the role of the Historic Landscape 
     in local, national, and world history;
       (B) the historic preservation of the Historic Landscape, 
     consistent with--
       (i) the designation of the Historic Landscape as a national 
     historic site; and
       (ii) the other purposes of the Historic Landscape;
       (C) recreational opportunities, with an emphasis on the 
     activities related to the historic use of the Historic 
     Landscape, including skiing, snowshoeing, snowmobiling, 
     hiking, horseback riding, climbing, other road- and trail-
     based activities, and other outdoor activities; and
       (D) the continued environmental remediation and removal of 
     unexploded ordnance at the Camp Hale Formerly Used Defense 
     Site and the Camp Hale historic cantonment area; and
       (2) to conserve, protect, restore, and enhance for the 
     benefit and enjoyment of present and future generations the 
     scenic, watershed, and ecological resources of the Historic 
     Landscape.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Historic 
     Landscape in accordance with--
       (A) the purposes of the Historic Landscape described in 
     subsection (b); and
       (B) any other applicable laws (including regulations).
       (2) Management plan.--
       (A) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall prepare a 
     management plan for the Historic Landscape.
       (B) Contents.--The management plan prepared under 
     subparagraph (A) shall include plans for--
       (i) improving the interpretation of historic events, 
     activities, structures, and artifacts of the Historic 
     Landscape, including with respect to the role of the Historic 
     Landscape in local, national, and world history;
       (ii) conducting historic preservation and veteran outreach 
     and engagement activities;
       (iii) managing recreational opportunities, including the 
     use and stewardship of--

       (I) the road and trail systems; and
       (II) dispersed recreation resources;

       (iv) the conservation, protection, restoration, or 
     enhancement of the scenic, watershed, and ecological 
     resources of the Historic Landscape, including--

       (I) conducting the restoration and enhancement project 
     under subsection (d);
       (II) forest fuels, wildfire, and mitigation management; and
       (III) watershed health and protection;

       (v) environmental remediation and, consistent with 
     subsection (e)(2), the removal of unexploded ordnance; and
       (vi) managing the Historic Landscape in accordance with 
     subsection (g).
       (3) Explosive hazards.--The Secretary shall provide to the 
     Secretary of the Army a notification of any unexploded 
     ordnance (as defined in section 101(e) of title 10, United 
     States Code) that is discovered in the Historic Landscape.
       (d) Camp Hale Restoration and Enhancement Project.--
       (1) In general.--The Secretary shall conduct a restoration 
     and enhancement project in the Historic Landscape--

[[Page S7632]]

       (A) to improve aquatic, riparian, and wetland conditions in 
     and along the Eagle River and tributaries of the Eagle River;
       (B) to maintain or improve recreation and interpretive 
     opportunities and facilities; and
       (C) to conserve historic values in the Camp Hale area.
       (2) Coordination.--In carrying out the project described in 
     paragraph (1), the Secretary shall coordinate with, and 
     provide the opportunity to collaborate on the project to--
       (A) the Corps of Engineers;
       (B) the Camp Hale-Eagle River Headwaters Collaborative 
     Group;
       (C) the National Forest Foundation;
       (D) the Colorado Department of Public Health and 
     Environment;
       (E) the Colorado State Historic Preservation Office;
       (F) the Colorado Department of Natural Resources;
       (G) units of local government; and
       (H) other interested organizations and members of the 
     public.
       (e) Environmental Remediation.--
       (1) In general.--The Secretary of the Army shall continue 
     to carry out the projects and activities of the Department of 
     the Army in existence on the date of enactment of this Act 
     relating to cleanup of--
       (A) the Camp Hale Formerly Used Defense Site; or
       (B) the Camp Hale historic cantonment area.
       (2) Removal of unexploded ordnance.--
       (A) In general.--The Secretary of the Army may remove 
     unexploded ordnance (as defined in section 101(e) of title 
     10, United States Code) from the Historic Landscape, as the 
     Secretary of the Army determines to be appropriate in 
     accordance with applicable law (including regulations).
       (B) Action on receipt of notice.--On receipt from the 
     Secretary of a notification of unexploded ordnance under 
     subsection (c)(3), the Secretary of the Army may remove the 
     unexploded ordnance in accordance with--
       (i) the program for environmental restoration of formerly 
     used defense sites under section 2701 of title 10, United 
     States Code;
       (ii) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.); and
       (iii) any other applicable provision of law (including 
     regulations).
       (3) Effect of subsection.--Nothing in this subsection 
     modifies any obligation in existence on the date of enactment 
     of this Act relating to environmental remediation or removal 
     of any unexploded ordnance located in or around the Camp Hale 
     historic cantonment area, the Camp Hale Formerly Used Defense 
     Site, or the Historic Landscape, including such an obligation 
     under--
       (A) the program for environmental restoration of formerly 
     used defense sites under section 2701 of title 10, United 
     States Code;
       (B) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
       (C) any other applicable provision of law (including 
     regulations).
       (f) Interagency Agreement.--The Secretary and the Secretary 
     of the Army shall enter into an agreement--
       (1) to specify--
       (A) the activities of the Secretary relating to the 
     management of the Historic Landscape; and
       (B) the activities of the Secretary of the Army relating to 
     environmental remediation and the removal of unexploded 
     ordnance in accordance with subsection (e) and other 
     applicable laws (including regulations); and
       (2) to require the Secretary to provide to the Secretary of 
     the Army, by not later than 1 year after the date of 
     enactment of this Act and periodically thereafter, as 
     appropriate, a management plan for the Historic Landscape for 
     purposes of the removal activities described in subsection 
     (e).
       (g) Effect.--Nothing in this section--
       (1) affects the jurisdiction of the State over any water 
     law, water right, or adjudication or administration relating 
     to any water resource;
       (2) affects any water right in existence on the date of 
     enactment of this Act, or the exercise of such a water right, 
     including--
       (A) a water right subject to an interstate water compact 
     (including full development of any apportionment made in 
     accordance with such a compact);
       (B) a water right decreed within, above, below, or through 
     the Historic Landscape;
       (C) a change, exchange, plan for augmentation, or other 
     water decree with respect to a water right, including a 
     conditional water right, in existence on the date of 
     enactment of this Act--
       (i) that is consistent with the purposes described in 
     subsection (b); and
       (ii) that does not result in diversion of a greater flow 
     rate or volume of water for such a water right in existence 
     on the date of enactment of this Act;
       (D) a water right held by the United States;
       (E) the management or operation of any reservoir, including 
     the storage, management, release, or transportation of water; 
     and
       (F) the construction or operation of such infrastructure as 
     is determined to be necessary by an individual or entity 
     holding water rights to develop and place to beneficial use 
     those rights, subject to applicable Federal, State, and local 
     law (including regulations);
       (3) constitutes an express or implied reservation by the 
     United States of any reserved or appropriative water right;
       (4) alters or limits--
       (A) a permit held by a ski area;
       (B) the implementation of activities governed by a ski area 
     permit; or
       (C) the authority of the Secretary to modify or expand an 
     existing ski area permit;
       (5) prevents the Secretary from closing portions of the 
     Historic Landscape for public safety, environmental 
     remediation, or other use in accordance with applicable laws; 
     or
       (6) affects--
       (A) any special use permit in effect on the date of 
     enactment of this Act; or
       (B) the renewal of a permit described in subparagraph (A).
       (h) Funding.--
       (1) In general.--There is established in the general fund 
     of the Treasury a special account, to be known as the ``Camp 
     Hale Historic Preservation and Restoration Fund''.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Camp Hale Historic Preservation and 
     Restoration Fund $10,000,000, to be available to the 
     Secretary until expended, for activities relating to historic 
     interpretation, preservation, and restoration carried out in 
     and around the Historic Landscape.
       (i) Designation of Overlook.--The interpretive site located 
     beside United States Route 24 in the State, at 39.431N 
     106.323W, is designated as the ``Sandy Treat Overlook''.

     SEC. 1718. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.

       (a) In General.--The boundary of the White River National 
     Forest is modified to include the approximately 120 acres 
     comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the 
     SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, 
     in Summit County in the State.
       (b) Land and Water Conservation Fund.--For purposes of 
     section 200306 of title 54, United States Code, the 
     boundaries of the White River National Forest, as modified by 
     subsection (a), shall be considered to be the boundaries of 
     the White River National Forest as in existence on January 1, 
     1965.

     SEC. 1719. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS 
                   BOUNDARY ADJUSTMENT.

       (a) Purpose.--The purpose of this section is to provide for 
     the ongoing maintenance and use of portions of the Trail 
     River Ranch and the associated property located within Rocky 
     Mountain National Park in Grand County in the State.
       (b) Boundary Adjustment.--Section 1952(b) of the Omnibus 
     Public Land Management Act of 2009 (Public Law 111-11; 123 
     Stat. 1070) is amended by adding at the end the following:
       ``(3) Boundary adjustment.--The boundary of the Potential 
     Wilderness is modified to exclude the area comprising 
     approximately 15.5 acres of land identified as `Potential 
     Wilderness to Non-wilderness' on the map entitled `Rocky 
     Mountain National Park Proposed Wilderness Area Amendment' 
     and dated January 16, 2018.''.

     SEC. 1720. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction or responsibility of the State with respect 
     to fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this subtitle or an amendment 
     made by this subtitle establishes a protective perimeter or 
     buffer zone around--
       (A) a covered area;
       (B) a wilderness area or potential wilderness area 
     designated by section 1713;
       (C) the Recreation Management Area;
       (D) a Wildlife Conservation Area; or
       (E) the Historic Landscape.
       (2) Outside activities.--The fact that a nonwilderness 
     activity or use on land outside of an area described in 
     paragraph (1) can be seen or heard from within the applicable 
     area described in paragraph (1) shall not preclude the 
     activity or use outside the boundary of the applicable area 
     described in paragraph (1).
       (c) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this subtitle affects the 
     treaty rights of an Indian Tribe.
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions that the Secretary determines to be necessary and 
     in accordance with applicable law, the Secretary shall allow 
     for the continued use of the areas described in subsection 
     (b)(1) by members of Indian Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of each area described in subsection 
     (b)(1) with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any typographical errors in the maps and legal 
     descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (e) Acquisition of Land.--

[[Page S7633]]

       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundaries of an area described 
     in subsection (b)(1) only through exchange, donation, or 
     purchase from a willing seller.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness area, Recreation 
     Management Area, Wildlife Conservation Area, or Historic 
     Landscape, as applicable, in which the land or interest in 
     land is located.
       (f) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the areas described in 
     subsection (b)(1) are withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (g) Military Overflights.--Nothing in this subtitle or an 
     amendment made by this subtitle restricts or precludes--
       (1) any low-level overflight of military aircraft over any 
     area subject to this subtitle or an amendment made by this 
     subtitle, including military overflights that can be seen, 
     heard, or detected within such an area;
       (2) flight testing or evaluation over an area described in 
     paragraph (1); or
       (3) the use or establishment of--
       (A) any new unit of special use airspace over an area 
     described in paragraph (1); or
       (B) any military flight training or transportation over 
     such an area.
       (h) Sense of Congress.--It is the sense of Congress that 
     military aviation training on Federal public land in the 
     State, including the training conducted at the High-Altitude 
     Army National Guard Aviation Training Site, is critical to 
     the national security of the United States and the readiness 
     of the Armed Forces.

                     Subtitle B--San Juan Mountains

     SEC. 1731. DEFINITIONS.

       In this subtitle:
       (1) Covered land.--The term ``covered land'' means--
       (A) land designated as wilderness under paragraphs (27) 
     through (29) of section 2(a) of the Colorado Wilderness Act 
     of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by 
     section 1732); and
       (B) a Special Management Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Special management area.--The term ``Special Management 
     Area'' means each of--
       (A) the Sheep Mountain Special Management Area designated 
     by section 1733(a)(1); and
       (B) the Liberty Bell East Special Management Area 
     designated by section 1733(a)(2).

     SEC. 1732. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       Section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as amended by section 
     1712(a)(2)) is amended by adding at the end the following:
       ``(27) Lizard head wilderness addition.--Certain Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests comprising approximately 3,141 acres, as generally 
     depicted on the map entitled `Proposed Wilson, Sunshine, 
     Black Face and San Bernardo Additions to the Lizard Head 
     Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Lizard Head Wilderness.
       ``(28) Mount sneffels wilderness additions.--
       ``(A) Liberty bell and last dollar additions.--Certain 
     Federal land in the Grand Mesa, Uncompahgre, and Gunnison 
     National Forests comprising approximately 7,235 acres, as 
     generally depicted on the map entitled `Proposed Liberty Bell 
     and Last Dollar Additions to the Mt. Sneffels Wilderness, 
     Liberty Bell East Special Management Area' and dated 
     September 6, 2018, which is incorporated in, and shall be 
     administered as part of, the Mount Sneffels Wilderness.
       ``(B) Whitehouse additions.--Certain Federal land in the 
     Grand Mesa, Uncompahgre, and Gunnison National Forests 
     comprising approximately 12,465 acres, as generally depicted 
     on the map entitled `Proposed Whitehouse Additions to the Mt. 
     Sneffels Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Mount Sneffels Wilderness.
       ``(29) Mckenna peak wilderness.--Certain Federal land in 
     the State of Colorado comprising approximately 8,884 acres of 
     Bureau of Land Management land, as generally depicted on the 
     map entitled `Proposed McKenna Peak Wilderness Area' and 
     dated September 18, 2018, to be known as the `McKenna Peak 
     Wilderness'.''.

     SEC. 1733. SPECIAL MANAGEMENT AREAS.

       (a) Designation.--
       (1) Sheep mountain special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison and San 
     Juan National Forests in the State comprising approximately 
     21,663 acres, as generally depicted on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018, is designated as the ``Sheep Mountain 
     Special Management Area''.
       (2) Liberty bell east special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests in the State comprising approximately 792 acres, as 
     generally depicted on the map entitled ``Proposed Liberty 
     Bell and Last Dollar Additions to the Mt. Sneffels 
     Wilderness, Liberty Bell East Special Management Area'' and 
     dated September 6, 2018, is designated as the ``Liberty Bell 
     East Special Management Area''.
       (b) Purpose.--The purpose of the Special Management Areas 
     is to conserve and protect for the benefit and enjoyment of 
     present and future generations the geological, cultural, 
     archaeological, paleontological, natural, scientific, 
     recreational, wilderness, wildlife, riparian, historical, 
     educational, and scenic resources of the Special Management 
     Areas.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Special 
     Management Areas in a manner that--
       (A) conserves, protects, and enhances the resources and 
     values of the Special Management Areas described in 
     subsection (b);
       (B) subject to paragraph (3), maintains or improves the 
     wilderness character of the Special Management Areas and the 
     suitability of the Special Management Areas for potential 
     inclusion in the National Wilderness Preservation System; and
       (C) is in accordance with--
       (i) the National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.);
       (ii) this subtitle; and
       (iii) any other applicable laws.
       (2) Prohibitions.--The following shall be prohibited in the 
     Special Management Areas:
       (A) Permanent roads.
       (B) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land, to provide access 
     for abandoned mine cleanup, and to protect public health and 
     safety--
       (i) the use of motor vehicles, motorized equipment, or 
     mechanical transport (other than as provided in paragraph 
     (3)); and
       (ii) the establishment of temporary roads.
       (3) Authorized activities.--
       (A) In general.--The Secretary may allow any activities 
     (including helicopter access for recreation and maintenance 
     and the competitive running event permitted since 1992) that 
     have been authorized by permit or license as of the date of 
     enactment of this Act to continue within the Special 
     Management Areas, subject to such terms and conditions as the 
     Secretary may require.
       (B) Permitting.--The designation of the Special Management 
     Areas by subsection (a) shall not affect the issuance of 
     permits relating to the activities covered under subparagraph 
     (A) after the date of enactment of this Act.
       (C) Bicycles.--The Secretary may permit the use of bicycles 
     in--
       (i) the portion of the Sheep Mountain Special Management 
     Area identified as ``Ophir Valley Area'' on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018; and
       (ii) the portion of the Liberty Bell East Special 
     Management Area identified as ``Liberty Bell Corridor'' on 
     the map entitled ``Proposed Liberty Bell and Last Dollar 
     Additions to the Mt. Sneffels Wilderness, Liberty Bell East 
     Special Management Area'' and dated September 6, 2018.
       (d) Applicable Law.--Water and water rights in the Special 
     Management Areas shall be administered in accordance with 
     section 8 of the Colorado Wilderness Act of 1993 (Public Law 
     103-77; 107 Stat. 762), except that, for purposes of this 
     subtitle--
       (1) any reference contained in that section to ``the lands 
     designated as wilderness by this Act'', ``the Piedra, 
     Roubideau, and Tabeguache areas identified in section 9 of 
     this Act, or the Bowen Gulch Protection Area or the Fossil 
     Ridge Recreation Management Area identified in sections 5 and 
     6 of this Act'', or ``the areas described in sections 2, 5, 
     6, and 9 of this Act'' shall be considered to be a reference 
     to ``the Special Management Areas''; and
       (2) any reference contained in that section to ``this Act'' 
     shall be considered to be a reference to ``the Colorado 
     Outdoor Recreation and Economy Act''.

     SEC. 1734. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of 
     title II of Public Law 111-11 is amended--
       (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as 
     section 2409; and
       (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) 
     the following:

     ``SEC. 2408. RELEASE.

       ``(a) In General.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez 
     Canyon Wilderness Study Area not designated as wilderness by 
     this subtitle have been adequately studied for wilderness 
     designation.
       ``(b) Release.--Any public land referred to in subsection 
     (a) that is not designated as wilderness by this subtitle--
       ``(1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       ``(2) shall be managed in accordance with this subtitle and 
     any other applicable laws.''.
       (b) McKenna Peak Wilderness Study Area.--
       (1) In general.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak 
     Wilderness Study Area in San Miguel County in the State not 
     designated as wilderness by paragraph (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added

[[Page S7634]]

     by section 1732) have been adequately studied for wilderness 
     designation.
       (2) Release.--Any public land referred to in paragraph (1) 
     that is not designated as wilderness by paragraph (29) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     1732)--
       (A) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (B) shall be managed in accordance with applicable laws.

     SEC. 1735. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction or responsibility of the State with respect 
     to fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this subtitle establishes a 
     protective perimeter or buffer zone around covered land.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use on land outside of the covered 
     land can be seen or heard from within covered land shall not 
     preclude the activity or use outside the boundary of the 
     covered land.
       (c) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this subtitle affects the 
     treaty rights of any Indian Tribe, including rights under the 
     Agreement of September 13, 1873, ratified by the Act of April 
     29, 1874 (18 Stat. 36, chapter 136).
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the covered land by members of Indian 
     Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary or the Secretary of the 
     Interior, as appropriate, shall file a map and a legal 
     description of each wilderness area designated by paragraphs 
     (27) through (29) of section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as 
     added by section 1732) and the Special Management Areas 
     with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary or 
     the Secretary of the Interior, as appropriate, may correct 
     any typographical errors in the maps and legal descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management and the Forest Service.
       (e) Acquisition of Land.--
       (1) In general.--The Secretary or the Secretary of the 
     Interior, as appropriate, may acquire any land or interest in 
     land within the boundaries of a Special Management Area or 
     the wilderness designated under paragraphs (27) through (29) 
     of section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     1732) only through exchange, donation, or purchase from a 
     willing seller.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness or Special 
     Management Area in which the land or interest in land is 
     located.
       (f) Grazing.--The grazing of livestock on covered land, if 
     established before the date of enactment of this Act, shall 
     be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary with jurisdiction over the covered land, in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the applicable guidelines set forth in Appendix A of 
     the report of the Committee on Interior and Insular Affairs 
     of the House of Representatives accompanying H.R. 2570 of the 
     101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th 
     Congress (H. Rept. 96-617).
       (g) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary with jurisdiction over a wilderness area 
     designated by paragraphs (27) through (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 1732) may carry out 
     any activity in the wilderness area that the Secretary 
     determines to be necessary for the control of fire, insects, 
     and diseases, subject to such terms and conditions as the 
     Secretary determines to be appropriate.
       (h) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the covered land and the 
     approximately 6,590 acres generally depicted on the map 
     entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' 
     and dated September 6, 2018, is withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

                      Subtitle C--Thompson Divide

     SEC. 1741. PURPOSES.

       The purposes of this subtitle are--
       (1) subject to valid existing rights, to withdraw certain 
     Federal land in the Thompson Divide area from mineral and 
     other disposal laws in order to protect the agricultural, 
     ranching, wildlife, air quality, recreation, ecological, and 
     scenic values of the area; and
       (2) to promote the capture of fugitive methane emissions 
     that would otherwise be emitted into the atmosphere--
       (A) to reduce methane gas emissions; and
       (B) to provide--
       (i) new renewable electricity supplies and other beneficial 
     uses of fugitive methane emissions; and
       (ii) increased royalties for taxpayers.

     SEC. 1742. DEFINITIONS.

       In this subtitle:
       (1) Fugitive methane emissions.--The term ``fugitive 
     methane emissions'' means methane gas from the Federal land 
     in Garfield, Gunnison, Delta, or Pitkin County in the State, 
     as generally depicted on the pilot program map as ``Fugitive 
     Coal Mine Methane Use Pilot Program Area'', that would leak 
     or be vented into the atmosphere from an active, inactive, or 
     abandoned underground coal mine.
       (2) Pilot program.--The term ``pilot program'' means the 
     Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program established by section 1745(a)(1).
       (3) Pilot program map.--The term ``pilot program map'' 
     means the map entitled ``Greater Thompson Divide Fugitive 
     Coal Mine Methane Use Pilot Program Area'' and dated June 17, 
     2019.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Thompson divide lease.--
       (A) In general.--The term ``Thompson Divide lease'' means 
     any oil or gas lease in effect on the date of enactment of 
     this Act within the Thompson Divide Withdrawal and Protection 
     Area.
       (B) Exclusions.--The term ``Thompson Divide lease'' does 
     not include any oil or gas lease that--
       (i) is associated with a Wolf Creek Storage Field 
     development right; or
       (ii) before the date of enactment of this Act, has expired, 
     been cancelled, or otherwise terminated.
       (6) Thompson divide map.--The term ``Thompson Divide map'' 
     means the map entitled ``Greater Thompson Divide Area Map'' 
     and dated June 13, 2019.
       (7) Thompson divide withdrawal and protection area.--The 
     term ``Thompson Divide Withdrawal and Protection Area'' means 
     the Federal land and minerals generally depicted on the 
     Thompson Divide map as the ``Thompson Divide Withdrawal and 
     Protection Area''.
       (8) Wolf creek storage field development right.--
       (A) In general.--The term ``Wolf Creek Storage Field 
     development right'' means a development right for any of the 
     Federal mineral leases numbered COC 007496, COC 007497, COC 
     007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 
     015373, COC 0128018, COC 051645, and COC 051646, as generally 
     depicted on the Thompson Divide map as ``Wolf Creek Storage 
     Agreement''.
       (B) Exclusions.--The term ``Wolf Creek Storage Field 
     development right'' does not include any storage right or 
     related activity within the area described in subparagraph 
     (A).

     SEC. 1743. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.

       (a) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Thompson Divide 
     Withdrawal and Protection Area is withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (b) Surveys.--The exact acreage and legal description of 
     the Thompson Divide Withdrawal and Protection Area shall be 
     determined by surveys approved by the Secretary, in 
     consultation with the Secretary of Agriculture.
       (c) Grazing.--Nothing in this title affects the 
     administration of grazing in the Thompson Divide Withdrawal 
     and Protection Area.

     SEC. 1744. THOMPSON DIVIDE LEASE EXCHANGE.

       (a) In General.--In exchange for the relinquishment by a 
     leaseholder of all Thompson Divide leases of the leaseholder, 
     the Secretary may issue to the leaseholder credits for any 
     bid, royalty, or rental payment due under any Federal oil or 
     gas lease on Federal land in the State, in accordance with 
     subsection (b).
       (b) Amount of Credits.--
       (1) In general.--Subject to paragraph (2), the amount of 
     the credits issued to a leaseholder of a Thompson Divide 
     lease relinquished under subsection (a) shall--
       (A) be equal to the sum of--
       (i) the amount of the bonus bids paid for the applicable 
     Thompson Divide leases;
       (ii) the amount of any rental paid for the applicable 
     Thompson Divide leases as of the date on which the 
     leaseholder submits to the Secretary a notice of the decision 
     to relinquish the applicable Thompson Divide leases; and
       (iii) the amount of any expenses incurred by the 
     leaseholder of the applicable Thompson Divide leases in the 
     preparation of any drilling permit, sundry notice, or other 
     related submission in support of the development of the 
     applicable Thompson Divide

[[Page S7635]]

     leases as of January 28, 2019, including any expenses 
     relating to the preparation of any analysis under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.); and
       (B) require the approval of the Secretary.
       (2) Exclusion.--The amount of a credit issued under 
     subsection (a) shall not include any expenses paid by the 
     leaseholder of a Thompson Divide lease for legal fees or 
     related expenses for legal work with respect to a Thompson 
     Divide lease.
       (c) Cancellation.--Effective on relinquishment under this 
     section, and without any additional action by the Secretary, 
     a Thompson Divide lease--
       (1) shall be permanently cancelled; and
       (2) shall not be reissued.
       (d) Conditions.--
       (1) Applicable law.--Except as otherwise provided in this 
     section, each exchange under this section shall be conducted 
     in accordance with--
       (A) this title; and
       (B) other applicable laws (including regulations).
       (2) Acceptance of credits.--The Secretary shall accept 
     credits issued under subsection (a) in the same manner as 
     cash for the payments described in that subsection.
       (3) Applicability.--The use of a credit issued under 
     subsection (a) shall be subject to the laws (including 
     regulations) applicable to the payments described in that 
     subsection, to the extent that the laws are consistent with 
     this section.
       (4) Treatment of credits.--All amounts in the form of 
     credits issued under subsection (a) accepted by the Secretary 
     shall be considered to be amounts received for the purposes 
     of--
       (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); 
     and
       (B) section 20 of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019).
       (e) Wolf Creek Storage Field Development Rights.--
       (1) Conveyance to secretary.--As a condition precedent to 
     the relinquishment of a Thompson Divide lease, any 
     leaseholder with a Wolf Creek Storage Field development right 
     shall permanently relinquish, transfer, and otherwise convey 
     to the Secretary, in a form acceptable to the Secretary, all 
     Wolf Creek Storage Field development rights of the 
     leaseholder.
       (2) Limitation of transfer.--An interest acquired by the 
     Secretary under paragraph (1)--
       (A) shall be held in perpetuity; and
       (B) shall not be--
       (i) transferred;
       (ii) reissued; or
       (iii) otherwise used for mineral extraction.

     SEC. 1745. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE 
                   USE PILOT PROGRAM.

       (a) Fugitive Coal Mine Methane Use Pilot Program.--
       (1) Establishment.--There is established in the Bureau of 
     Land Management a pilot program, to be known as the ``Greater 
     Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program''.
       (2) Purpose.--The purpose of the pilot program is to 
     promote the capture, beneficial use, mitigation, and 
     sequestration of fugitive methane emissions--
       (A) to reduce methane emissions;
       (B) to promote economic development;
       (C) to produce bid and royalty revenues;
       (D) to improve air quality; and
       (E) to improve public safety.
       (3) Plan.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop a plan--
       (i) to complete an inventory of fugitive methane emissions 
     in accordance with subsection (b);
       (ii) to provide for the leasing of fugitive methane 
     emissions in accordance with subsection (c); and
       (iii) to provide for the capping or destruction of fugitive 
     methane emissions in accordance with subsection (d).
       (B) Coordination.--In developing the plan under this 
     paragraph, the Secretary shall coordinate with--
       (i) the State;
       (ii) Garfield, Gunnison, Delta, and Pitkin Counties in the 
     State;
       (iii) lessees of Federal coal within the counties referred 
     to in clause (ii);
       (iv) interested institutions of higher education in the 
     State; and
       (v) interested members of the public.
       (b) Fugitive Methane Emission Inventory.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete an 
     inventory of fugitive methane emissions.
       (2) Conduct.--The Secretary may conduct the inventory under 
     paragraph (1) through, or in collaboration with--
       (A) the Bureau of Land Management;
       (B) the United States Geological Survey;
       (C) the Environmental Protection Agency;
       (D) the United States Forest Service;
       (E) State departments or agencies;
       (F) Garfield, Gunnison, Delta, or Pitkin County in the 
     State;
       (G) the Garfield County Federal Mineral Lease District;
       (H) institutions of higher education in the State;
       (I) lessees of Federal coal within a county referred to in 
     subparagraph (F);
       (J) the National Oceanic and Atmospheric Administration;
       (K) the National Center for Atmospheric Research; or
       (L) other interested entities, including members of the 
     public.
       (3) Contents.--The inventory under paragraph (1) shall 
     include--
       (A) the general location and geographic coordinates of each 
     vent, seep, or other source producing significant fugitive 
     methane emissions;
       (B) an estimate of the volume and concentration of fugitive 
     methane emissions from each source of significant fugitive 
     methane emissions, including details of measurements taken 
     and the basis for that emissions estimate;
       (C) an estimate of the total volume of fugitive methane 
     emissions each year;
       (D) relevant data and other information available from--
       (i) the Environmental Protection Agency;
       (ii) the Mine Safety and Health Administration;
       (iii) the Colorado Department of Natural Resources;
       (iv) the Colorado Public Utility Commission;
       (v) the Colorado Department of Health and Environment; and
       (vi) the Office of Surface Mining Reclamation and 
     Enforcement; and
       (E) such other information as may be useful in advancing 
     the purposes of the pilot program.
       (4) Public participation; disclosure.--
       (A) Public participation.--The Secretary shall provide 
     opportunities for public participation in the inventory under 
     this subsection.
       (B) Availability.--The Secretary shall make the inventory 
     under this subsection publicly available.
       (C) Disclosure.--Nothing in this subsection requires the 
     Secretary to publicly release information that--
       (i) poses a threat to public safety;
       (ii) is confidential business information; or
       (iii) is otherwise protected from public disclosure.
       (5) Use.--The Secretary shall use the inventory in carrying 
     out--
       (A) the leasing program under subsection (c); and
       (B) the capping or destruction of fugitive methane 
     emissions under subsection (d).
       (c) Fugitive Methane Emission Leasing Program.--
       (1) In general.--Subject to valid existing rights and in 
     accordance with this section, not later than 1 year after the 
     date of completion of the inventory required under subsection 
     (b), the Secretary shall carry out a program to encourage the 
     use and destruction of fugitive methane emissions.
       (2) Fugitive methane emissions from coal mines subject to 
     lease.--
       (A) In general.--The Secretary shall authorize the holder 
     of a valid existing Federal coal lease for a mine that is 
     producing fugitive methane emissions to capture for use, or 
     destroy by flaring, the fugitive methane emissions.
       (B) Conditions.--The authority under subparagraph (A) shall 
     be subject to--
       (i) valid existing rights; and
       (ii) such terms and conditions as the Secretary may 
     require.
       (C) Limitations.--The program carried out under paragraph 
     (1) shall only include fugitive methane emissions that can be 
     captured for use, or destroyed by flaring, in a manner that 
     does not--
       (i) endanger the safety of any coal mine worker; or
       (ii) unreasonably interfere with any ongoing operation at a 
     coal mine.
       (D) Cooperation.--
       (i) In general.--The Secretary shall work cooperatively 
     with the holders of valid existing Federal coal leases for 
     mines that produce fugitive methane emissions to encourage--

       (I) the capture of fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material; or
       (II) if the beneficial use of the fugitive methane 
     emissions is not feasible, the destruction of the fugitive 
     methane emissions by flaring.

       (ii) Guidance.--In furtherance of the purposes of this 
     paragraph, not later than 1 year after the date of enactment 
     of this Act, the Secretary shall issue guidance for the 
     implementation of Federal authorities and programs to 
     encourage the capture for use, or destruction by flaring, of 
     fugitive methane emissions, while minimizing impacts on 
     natural resources or other public interest values.
       (E) Royalties.--The Secretary shall determine whether any 
     fugitive methane emissions used or destroyed pursuant to this 
     paragraph are subject to the payment of a royalty under 
     applicable law.
       (3) Fugitive methane emissions from abandoned coal mines.--
       (A) In general.--Except as otherwise provided in this 
     section, notwithstanding section 1743, subject to valid 
     existing rights, and in accordance with section 21 of the 
     Mineral Leasing Act (30 U.S.C. 241) and any other applicable 
     law, the Secretary shall--
       (i) authorize the capture for use, or destruction by 
     flaring, of fugitive methane emissions from abandoned coal 
     mines on Federal land; and

[[Page S7636]]

       (ii) make available for leasing such fugitive methane 
     emissions from abandoned coal mines on Federal land as the 
     Secretary considers to be in the public interest.
       (B) Source.--To the maximum extent practicable, the 
     Secretary shall offer for lease each significant vent, seep, 
     or other source of fugitive methane emissions from abandoned 
     coal mines.
       (C) Bid qualifications.--A bid to lease fugitive methane 
     emissions under this paragraph shall specify whether the 
     prospective lessee intends--
       (i) to capture the fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material;
       (ii) to destroy the fugitive methane emissions by flaring; 
     or
       (iii) to employ a specific combination of--

       (I) capturing the fugitive methane emissions for beneficial 
     use; and
       (II) destroying the fugitive methane emission by flaring.

       (D) Priority.--
       (i) In general.--If there is more than 1 qualified bid for 
     a lease under this paragraph, the Secretary shall select the 
     bid that the Secretary determines is likely to most 
     significantly advance the public interest.
       (ii) Considerations.--In determining the public interest 
     under clause (i), the Secretary shall take into 
     consideration--

       (I) the size of the overall decrease in the time-integrated 
     radiative forcing of the fugitive methane emissions;
       (II) the impacts to other natural resource values, 
     including wildlife, water, and air; and
       (III) other public interest values, including scenic, 
     economic, recreation, and cultural values.

       (E) Lease form.--
       (i) In general.--The Secretary shall develop and provide to 
     prospective bidders a lease form for leases issued under this 
     paragraph.
       (ii) Due diligence.--The lease form developed under clause 
     (i) shall include terms and conditions requiring the leased 
     fugitive methane emissions to be put to beneficial use or 
     flared by not later than 1 year after the date of issuance of 
     the lease.
       (F) Royalty rate.--The Secretary shall develop a minimum 
     bid and royalty rate for leases under this paragraph to 
     advance the purposes of this section, to the maximum extent 
     practicable.
       (d) Sequestration.--If, by not later than 4 years after the 
     date of enactment of this Act, any significant fugitive 
     methane emissions from abandoned coal mines on Federal land 
     are not leased under subsection (c)(3), the Secretary shall, 
     in accordance with applicable law, take all reasonable 
     measures--
       (1) to cap those fugitive methane emissions at the source 
     in any case in which the cap will result in the long-term 
     sequestration of all or a significant portion of the fugitive 
     methane emissions; or
       (2) if sequestration under paragraph (1) is not feasible, 
     destroy the fugitive methane emissions by flaring.
       (e) Report to Congress.--Not later than 4 years after the 
     date of enactment of this Act the Secretary shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a report detailing--
       (1) the economic and environmental impacts of the pilot 
     program, including information on increased royalties and 
     estimates of avoided greenhouse gas emissions; and
       (2) any recommendations of the Secretary on whether the 
     pilot program could be expanded geographically to include 
     other significant sources of fugitive methane emissions from 
     coal mines.

     SEC. 1746. EFFECT.

       Except as expressly provided in this subtitle, nothing in 
     this subtitle--
       (1) expands, diminishes, or impairs any valid existing 
     mineral leases, mineral interest, or other property rights 
     wholly or partially within the Thompson Divide Withdrawal and 
     Protection Area, including access to the leases, interests, 
     rights, or land in accordance with applicable Federal, State, 
     and local laws (including regulations);
       (2) prevents the capture of methane from any active, 
     inactive, or abandoned coal mine covered by this subtitle, in 
     accordance with applicable laws; or
       (3) prevents access to, or the development of, any new or 
     existing coal mine or lease in Delta or Gunnison County in 
     the State.

             Subtitle D--Curecanti National Recreation Area

     SEC. 1751. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``map'' means the map entitled 
     ``Curecanti National Recreation Area, Proposed Boundary'', 
     numbered 616/100,485C, and dated August 11, 2016.
       (2) National recreation area.--The term ``National 
     Recreation Area'' means the Curecanti National Recreation 
     Area established by section 1752(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1752. CURECANTI NATIONAL RECREATION AREA.

       (a) Establishment.--Effective beginning on the earlier of 
     the date on which the Secretary approves a request under 
     subsection (c)(2)(B)(i)(I) and the date that is 1 year after 
     the date of enactment of this Act, there shall be established 
     as a unit of the National Park System the Curecanti National 
     Recreation Area, in accordance with this title, consisting of 
     approximately 50,667 acres of land in the State, as generally 
     depicted on the map as ``Curecanti National Recreation Area 
     Proposed Boundary''.
       (b) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     National Recreation Area in accordance with--
       (A) this subtitle; and
       (B) the laws (including regulations) generally applicable 
     to units of the National Park System, including section 
     100101(a), chapter 1003, and sections 100751(a), 100752, 
     100753, and 102101 of title 54, United States Code.
       (2) Dam, power plant, and reservoir management and 
     operations.--
       (A) In general.--Nothing in this subtitle affects or 
     interferes with the authority of the Secretary--
       (i) to operate the Uncompahgre Valley Reclamation Project 
     under the reclamation laws;
       (ii) to operate the Wayne N. Aspinall Unit of the Colorado 
     River Storage Project under the Act of April 11, 1956 
     (commonly known as the ``Colorado River Storage Project 
     Act'') (43 U.S.C. 620 et seq.); or
       (iii) under the Federal Water Project Recreation Act (16 
     U.S.C. 460l-12 et seq.).
       (B) Reclamation land.--
       (i) Submission of request to retain administrative 
     jurisdiction.--If, before the date that is 1 year after the 
     date of enactment of this Act, the Commissioner of 
     Reclamation submits to the Secretary a request for the 
     Commissioner of Reclamation to retain administrative 
     jurisdiction over the minimum quantity of land within the 
     land identified on the map as ``Lands withdrawn or acquired 
     for Bureau of Reclamation projects'' that the Commissioner of 
     Reclamation identifies as necessary for the effective 
     operation of Bureau of Reclamation water facilities, the 
     Secretary may--

       (I) approve, approve with modifications, or disapprove the 
     request; and
       (II) if the request is approved under subclause (I), make 
     any modifications to the map that are necessary to reflect 
     that the Commissioner of Reclamation retains management 
     authority over the minimum quantity of land required to 
     fulfill the reclamation mission.

       (ii) Transfer of land.--

       (I) In general.--Administrative jurisdiction over the land 
     identified on the map as ``Lands withdrawn or acquired for 
     Bureau of Reclamation projects'', as modified pursuant to 
     clause (i)(II), if applicable, shall be transferred from the 
     Commissioner of Reclamation to the Director of the National 
     Park Service by not later than the date that is 1 year after 
     the date of enactment of this Act.
       (II) Access to transferred land.--

       (aa) In general.--Subject to item (bb), the Commissioner of 
     Reclamation shall retain access to the land transferred to 
     the Director of the National Park Service under subclause (I) 
     for reclamation purposes, including for the operation, 
     maintenance, and expansion or replacement of facilities.
       (bb) Memorandum of understanding.--The terms of the access 
     authorized under item (aa) shall be determined by a 
     memorandum of understanding entered into between the 
     Commissioner of Reclamation and the Director of the National 
     Park Service not later than 1 year after the date of 
     enactment of this Act.
       (3) Management agreements.--
       (A) In general.--The Secretary may enter into management 
     agreements, or modify management agreements in existence on 
     the date of enactment of this Act, relating to the authority 
     of the Director of the National Park Service, the 
     Commissioner of Reclamation, the Director of the Bureau of 
     Land Management, or the Chief of the Forest Service to manage 
     Federal land within or adjacent to the boundary of the 
     National Recreation Area.
       (B) State land.--The Secretary may enter into cooperative 
     management agreements for any land administered by the State 
     that is within or adjacent to the National Recreation Area, 
     in accordance with the cooperative management authority under 
     section 101703 of title 54, United States Code.
       (4) Recreational activities.--
       (A) Authorization.--Except as provided in subparagraph (B), 
     the Secretary shall allow boating, boating-related 
     activities, hunting, and fishing in the National Recreation 
     Area in accordance with applicable Federal and State laws.
       (B) Closures; designated zones.--
       (i) In general.--The Secretary, acting through the 
     Superintendent of the National Recreation Area, may designate 
     zones in which, and establish periods during which, no 
     boating, hunting, or fishing shall be permitted in the 
     National Recreation Area under subparagraph (A) for reasons 
     of public safety, administration, or compliance with 
     applicable laws.
       (ii) Consultation required.--Except in the case of an 
     emergency, any closure proposed by the Secretary under clause 
     (i) shall not take effect until after the date on which the 
     Superintendent of the National Recreation Area consults 
     with--

       (I) the appropriate State agency responsible for hunting 
     and fishing activities; and
       (II) the Board of County Commissioners in each county in 
     which the zone is proposed to be designated.

[[Page S7637]]

       (5) Landowner assistance.--On the written request of an 
     individual that owns private land located not more than 3 
     miles from the boundary of the National Recreation Area, the 
     Secretary may work in partnership with the individual to 
     enhance the long-term conservation of natural, cultural, 
     recreational, and scenic resources in and around the National 
     Recreation Area--
       (A) by acquiring all or a portion of the private land or 
     interests in private land located not more than 3 miles from 
     the boundary of the National Recreation Area by purchase, 
     exchange, or donation, in accordance with section 1753;
       (B) by providing technical assistance to the individual, 
     including cooperative assistance;
       (C) through available grant programs; and
       (D) by supporting conservation easement opportunities.
       (6) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, all Federal land within 
     the National Recreation Area is withdrawn from--
       (A) entry, appropriation, and disposal under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (7) Grazing.--
       (A) State land subject to a state grazing lease.--
       (i) In general.--If State land acquired under this subtitle 
     is subject to a State grazing lease in effect on the date of 
     acquisition, the Secretary shall allow the grazing to 
     continue for the remainder of the term of the lease, subject 
     to the related terms and conditions of user agreements, 
     including permitted stocking rates, grazing fee levels, 
     access rights, and ownership and use of range improvements.
       (ii) Access.--A lessee of State land may continue to use 
     established routes within the National Recreation Area to 
     access State land for purposes of administering the lease if 
     the use was permitted before the date of enactment of this 
     Act, subject to such terms and conditions as the Secretary 
     may require.
       (B) State and private land.--The Secretary may, in 
     accordance with applicable laws, authorize grazing on land 
     acquired from the State or private landowners under section 
     1753, if grazing was established before the date of 
     acquisition.
       (C) Private land.--On private land acquired under section 
     1753 for the National Recreation Area on which authorized 
     grazing is occurring before the date of enactment of this 
     Act, the Secretary, in consultation with the lessee, may 
     allow the continuation and renewal of grazing on the land 
     based on the terms of acquisition or by agreement between the 
     Secretary and the lessee, subject to applicable law 
     (including regulations).
       (D) Federal land.--The Secretary shall--
       (i) allow, consistent with the grazing leases, uses, and 
     practices in effect as of the date of enactment of this Act, 
     the continuation and renewal of grazing on Federal land 
     located within the boundary of the National Recreation Area 
     on which grazing is allowed before the date of enactment of 
     this Act, unless the Secretary determines that grazing on the 
     Federal land would present unacceptable impacts (as defined 
     in section 1.4.7.1 of the National Park Service document 
     entitled ``Management Policies 2006: The Guide to Managing 
     the National Park System'') to the natural, cultural, 
     recreational, and scenic resource values and the character of 
     the land within the National Recreation Area; and
       (ii) retain all authorities to manage grazing in the 
     National Recreation Area.
       (E) Termination of leases.--Within the National Recreation 
     Area, the Secretary may--
       (i) accept the voluntary termination of a lease or permit 
     for grazing; or
       (ii) in the case of a lease or permit vacated for a period 
     of 3 or more years, terminate the lease or permit.
       (8) Water rights.--Nothing in this subtitle--
       (A) affects any use or allocation in existence on the date 
     of enactment of this Act of any water, water right, or 
     interest in water;
       (B) affects any vested absolute or decreed conditional 
     water right in existence on the date of enactment of this 
     Act, including any water right held by the United States;
       (C) affects any interstate water compact in existence on 
     the date of enactment of this Act;
       (D) shall be considered to be a relinquishment or reduction 
     of any water right reserved or appropriated by the United 
     States in the State on or before the date of enactment of 
     this Act; or
       (E) constitutes an express or implied Federal reservation 
     of any water or water rights with respect to the National 
     Recreation Area.
       (9) Fishing easements.--
       (A) In general.--Nothing in this subtitle diminishes or 
     alters the fish and wildlife program for the Aspinall Unit 
     developed under section 8 of the Act of April 11, 1956 
     (commonly known as the ``Colorado River Storage Project 
     Act'') (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the 
     United States Fish and Wildlife Service, the Bureau of 
     Reclamation, and the Colorado Division of Wildlife (including 
     any successor in interest to that division) that provides for 
     the acquisition of public access fishing easements as 
     mitigation for the Aspinall Unit (referred to in this 
     paragraph as the ``program'').
       (B) Acquisition of fishing easements.--The Secretary shall 
     continue to fulfill the obligation of the Secretary under the 
     program to acquire 26 miles of class 1 public fishing 
     easements to provide to sportsmen access for fishing within 
     the Upper Gunnison Basin upstream of the Aspinall Unit, 
     subject to the condition that no existing fishing access 
     downstream of the Aspinall Unit shall be counted toward the 
     minimum mileage requirement under the program.
       (C) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a plan for 
     fulfilling the obligation of the Secretary described in 
     subparagraph (B) by the date that is 10 years after the date 
     of enactment of this Act.
       (D) Reports.--Not later than each of 2 years, 5 years, and 
     8 years after the date of enactment of this Act, the 
     Secretary shall submit to Congress a report that describes 
     the progress made in fulfilling the obligation of the 
     Secretary described in subparagraph (B).
       (d) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this subtitle affects the 
     treaty rights of any Indian Tribe.
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the National Recreation Area by members 
     of Indian Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.

     SEC. 1753. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.

       (a) Acquisition.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundary of the National 
     Recreation Area.
       (2) Manner of acquisition.--
       (A) In general.--Subject to subparagraph (B), land 
     described in paragraph (1) may be acquired under this 
     subsection by--
       (i) donation;
       (ii) purchase from willing sellers with donated or 
     appropriated funds;
       (iii) transfer from another Federal agency; or
       (iv) exchange.
       (B) State land.--Land or interests in land owned by the 
     State or a political subdivision of the State may only be 
     acquired by purchase, donation, or exchange.
       (b) Transfer of Administrative Jurisdiction.--
       (1) Forest service land.--
       (A) In general.--Administrative jurisdiction over the 
     approximately 2,560 acres of land identified on the map as 
     ``U.S. Forest Service proposed transfer to the National Park 
     Service'' is transferred to the Secretary, to be administered 
     by the Director of the National Park Service as part of the 
     National Recreation Area.
       (B) Boundary adjustment.--The boundary of the Gunnison 
     National Forest shall be adjusted to exclude the land 
     transferred to the Secretary under subparagraph (A).
       (2) Bureau of land management land.--Administrative 
     jurisdiction over the approximately 5,040 acres of land 
     identified on the map as ``Bureau of Land Management proposed 
     transfer to National Park Service'' is transferred from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service, to be administered as part of the 
     National Recreation Area.
       (3) Withdrawal.--Administrative jurisdiction over the land 
     identified on the map as ``Proposed for transfer to the 
     Bureau of Land Management, subject to the revocation of 
     Bureau of Reclamation withdrawal'' shall be transferred to 
     the Director of the Bureau of Land Management on 
     relinquishment of the land by the Bureau of Reclamation and 
     revocation by the Bureau of Land Management of any withdrawal 
     as may be necessary.
       (c) Potential Land Exchange.--
       (1) In general.--The withdrawal for reclamation purposes of 
     the land identified on the map as ``Potential exchange 
     lands'' shall be relinquished by the Commissioner of 
     Reclamation and revoked by the Director of the Bureau of Land 
     Management and the land shall be transferred to the National 
     Park Service.
       (2) Exchange; inclusion in national recreation area.--On 
     transfer of the land described in paragraph (1), the 
     transferred land--
       (A) may be exchanged by the Secretary for private land 
     described in section 1752(c)(5)--
       (i) subject to a conservation easement remaining on the 
     transferred land, to protect the scenic resources of the 
     transferred land; and
       (ii) in accordance with the laws (including regulations) 
     and policies governing National Park Service land exchanges; 
     and
       (B) if not exchanged under subparagraph (A), shall be added 
     to, and managed as a part of, the National Recreation Area.
       (d) Addition to National Recreation Area.--Any land within 
     the boundary of the National Recreation Area that is acquired 
     by the United States shall be added to, and managed as a part 
     of, the National Recreation Area.

     SEC. 1754. GENERAL MANAGEMENT PLAN.

       Not later than 3 years after the date on which funds are 
     made available to carry out this subtitle, the Director of 
     the National Park Service, in consultation with the 
     Commissioner of Reclamation, shall prepare a general 
     management plan for the National

[[Page S7638]]

     Recreation Area in accordance with section 100502 of title 
     54, United States Code.

     SEC. 1755. BOUNDARY SURVEY.

       The Secretary (acting through the Director of the National 
     Park Service) shall prepare a boundary survey and legal 
     description of the National Recreation Area.
                                 ______
                                 
  SA 4170. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1253. COUNTERING CHINA'S PROLIFERATION OF BALLISTIC 
                   MISSILES AND NUCLEAR TECHNOLOGY TO THE MIDDLE-
                   EAST.

       (a) MTCR Transfers.--Not later than 30 days after the date 
     of the enactment of this Act, the President shall submit to 
     the appropriate committees of Congress a written 
     determination, and any documentation to support that 
     determination detailing--
       (1) whether any foreign person in China knowingly exported, 
     transferred, or engaged in trade of any item designated under 
     Category I of the MTCR Annex to any foreign person in the 
     previous three fiscal years; and
       (2) the sanctions the President has imposed or intends to 
     impose pursuant to section 11B(b) of the Export 
     Administration Act of 1979 (50 U.S.C. 4612(b)) against any 
     foreign person who knowingly engaged in the export, transfer, 
     or trade of that item or items.
       (b) China's Nuclear Fuel Cycle Cooperation.--Not later than 
     30 days after the date of the enactment of this Act, the 
     President shall submit to the appropriate committees of 
     Congress a report detailing--
       (1) whether any foreign person in China engaged in 
     cooperation with any other foreign person in the previous 
     three fiscal years in the construction of any nuclear-related 
     fuel cycle facility or activity that has not been notified to 
     the IAEA and would be subject to complementary access if an 
     Additional Protocol was in force; and
       (2) the policy options required to prevent and respond to 
     any future effort by China to export to any foreign person an 
     item classified as ``plants for the separation of isotopes of 
     uranium'' or ``plants for the reprocessing of irradiated 
     nuclear reactor fuel elements'' under Part 110 of the Nuclear 
     Regulatory Commission export licensing authority.
       (c) Form of Report.--The determination required under 
     subsection (a) and the report required under subsection (b) 
     shall be unclassified with a classified annex.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Select Committee on Intelligence of the House of 
     Representative; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Foreign person; person.--The terms ``foreign person'' 
     and ``person'' mean--
       (A) a natural person that is an alien;
       (B) a corporation, business association, partnership, 
     society, trust, or any other nongovernmental entity, 
     organization, or group, that is organized under the laws of a 
     foreign country or has its principal place of business in a 
     foreign country;
       (C) any foreign governmental entity operating as a business 
     enterprise; and
       (D) any successor, subunit, or subsidiary of any entity 
     described in subparagraph (B) or (C).
                                 ______
                                 
  SA 4171. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1548. LIMITATION ON USE OF FUNDS FOR GROUND-BASED 
                   STRATEGIC DETERRENT PROGRAM AND W87-1 WARHEAD 
                   MODIFICATION PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) According to the Congressional Budget Office, the 
     projected cost to sustain and modernize the United States 
     nuclear arsenal, as of 2017, ``is $1.2 trillion in 2017 
     dollars over the 2017-2046 period: more than $800 billion to 
     operate and sustain (that is, incrementally upgrade) nuclear 
     forces and about $400 billion to modernize them''. With 
     inflation, the cost rises to $1,700,000,000,000 and does not 
     include the cost of the additional nuclear capabilities 
     proposed in the 2018 Nuclear Posture Review.
       (2) Maintaining and updating the current Minuteman III 
     intercontinental ballistic missiles is possible for multiple 
     decades and, according to the Congressional Budget Office, 
     through 2036, this would cost $37,000,000,000 less in 2017 
     dollars than developing and deploying the ground-based 
     strategic deterrent program.
       (3) A public opinion poll conducted from October 12 to 28, 
     2020, by ReThink Media and the Federation of American 
     Scientists found that only 26 percent of registered voters in 
     the United States preferred replacing the Minuteman III 
     intercontinental ballistic missile with the ground-based 
     strategic deterrent, as compared to 60 percent of registered 
     voters who opposed replacing the Minuteman III missile.
       (b) Limitation on Use of Funds.--None of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2022 may be obligated or expended for the ground-
     based strategic deterrent program or the W87-1 warhead 
     modification program until the later of--
       (1) the date on which the Secretary of Defense submits to 
     the appropriate congressional committees a certification that 
     the operational life of Minuteman III intercontinental 
     ballistic missiles cannot be safely extended through at least 
     2050; and
       (2) the date on which the Secretary transmits to the 
     appropriate congressional committees the report required by 
     paragraph (3) of subsection (c), as required by paragraph (4) 
     of that subsection.
       (c) Independent Study on Extension of Minuteman III 
     Intercontinental Ballistic Missiles.--
       (1) Independent study.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall seek to enter into a contract with the National Academy 
     of Sciences to conduct a study on extending the life of 
     Minuteman III intercontinental ballistic missiles to 2050.
       (2) Matters included.--The study under paragraph (1) shall 
     include the following:
       (A) A comparison of the costs through 2050 of--
       (i) extending the life of Minuteman III intercontinental 
     ballistic missiles; and
       (ii) deploying the ground-based strategic deterrent 
     program.
       (B) An analysis of opportunities to incorporate 
     technologies into the Minuteman III intercontinental 
     ballistic missile program as part of a service life extension 
     program that could also be incorporated in the future ground-
     based strategic deterrent program, including, at a minimum, 
     opportunities to increase the resilience against adversary 
     missile defenses.
       (C) An analysis of the benefits and risks of incorporating 
     sensors and nondestructive testing methods and technologies 
     to reduce destructive testing requirements and increase the 
     service life and number of Minuteman III missiles through 
     2050.
       (D) An analysis and validation of the methods used to 
     estimate the operational service life of Minuteman II and 
     Minuteman III motors, taking into account the test and launch 
     experience of motors retired after the operational service 
     life of such motors in the rocket systems launch program.
       (E) An analysis of the risks and benefits of alternative 
     methods of estimating the operational service life of 
     Minuteman III motors, such as those methods based on 
     fundamental physical and chemical processes and 
     nondestructive measurements of individual motor properties.
       (F) An analysis of risks, benefits, and costs of 
     configuring a Trident II D5 submarine launched ballistic 
     missile for deployment in a Minuteman III silo.
       (G) An analysis of the impacts of the estimated service 
     life of the Minuteman III force associated with decreasing 
     the deployed intercontinental ballistic missiles delivery 
     vehicle force from 400 to 300.
       (H) An assessment on the degree to which the Columbia class 
     ballistic missile submarines will possess features that will 
     enhance the current invulnerability of ballistic missile 
     submarines of the United States to future antisubmarine 
     warfare threats.
       (I) An analysis of the degree to which an extension of the 
     Minuteman III would impact the decision of Russian Federation 
     to target intercontinental ballistic missiles of the United 
     States in a crisis, as compared to proceeding with the 
     ground-based strategic deterrent.
       (J) A best case estimate of what percentage of the 
     strategic forces of the United States would survive a 
     counterforce strike from the Russian Federation, broken down 
     by intercontinental ballistic missiles, ballistic missile 
     submarines, and heavy bomber aircraft.
       (K) The benefits, risks, and costs of relying on the W-78 
     warhead for either the Minuteman III or a new ground-based 
     strategic deterrent missile as compared to proceeding with 
     the W-87 life extension.
       (L) The benefits, risks, and costs of adding additional 
     launchers or uploading submarine-launched ballistic missiles 
     with additional warheads to compensate for a reduced 
     deployment of intercontinental ballistic missiles of the 
     United States.
       (M) An analysis of whether designing and fielding a new 
     intercontinental ballistic missile through at least 2070 is 
     consistent with the obligation of the United States under 
     Article VI of the Treaty on the Non-Proliferation of Nuclear 
     Weapons done at Washington, London, and Moscow July 1, 1968 
     (21 UST 483) (commonly referred to as the ``Nuclear Non-
     Proliferation Treaty'') to ``pursue

[[Page S7639]]

     negotiations in good faith on effective measures relating to 
     cessation of the nuclear arms race at an early date and to 
     nuclear disarmament''.
       (3) Submission to department of defense.--Not later than 
     180 days after the date of the enactment of this Act, the 
     National Academy of Sciences shall submit to the Secretary a 
     report containing the findings of the study conducted under 
     paragraph (1).
       (4) Submission to congress.--Not later than 210 days after 
     the date of the enactment of this Act, the Secretary shall 
     transmit to the appropriate congressional committees the 
     report required by paragraph (3), without change.
       (5) Form.--The report required by paragraph (3) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4172. Mr. MARKEY (for himself, Ms. Smith, and 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 C of title XV, add the following:

     SEC. 1548. RESTRICTION ON FIRST-USE STRIKE OF NUCLEAR 
                   WEAPONS..

       (a) Findings and Declaration of Policy.--
       (1) Findings.--Congress finds the following:
       (A) The Constitution gives Congress the sole power to 
     declare war.
       (B) The framers of the Constitution understood that the 
     monumental decision to go to war, which can result in massive 
     death and the destruction of civilized society, must be made 
     by the representatives of the people and not by a single 
     person.
       (C) As stated by section 2(c) of the War Powers Resolution 
     (Public Law 93-148; 50 U.S.C. 1541), ``the constitutional 
     powers of the President as Commander-in-Chief to introduce 
     United States Armed Forces into hostilities, or into 
     situations where imminent involvement in hostilities is 
     clearly indicated by the circumstances, are exercised only 
     pursuant to (1) a declaration of war, (2) specific statutory 
     authorization, or (3) a national emergency created by attack 
     upon the United States, its territories or possessions, or 
     its armed forces''.
       (D) Nuclear weapons are uniquely powerful weapons that have 
     the capability to instantly kill millions of people, create 
     long-term health and environmental consequences throughout 
     the world, directly undermine global peace, and put the 
     United States at existential risk from retaliatory nuclear 
     strikes.
       (E) A first-use nuclear strike carried out by the United 
     States would constitute a major act of war.
       (F) A first-use nuclear strike conducted absent a 
     declaration of war by Congress would violate the 
     Constitution.
       (G) The President has the sole authority to authorize the 
     use of nuclear weapons, an order which military officers of 
     the United States must carry out in accordance with their 
     obligations under the Uniform Code of Military Justice.
       (H) Given its exclusive power under the Constitution to 
     declare war, Congress must provide meaningful checks and 
     balances to the President's sole authority to authorize the 
     use of a nuclear weapon.
       (2) Declaration of policy.--It is the policy of the United 
     States that no first-use nuclear strike should be conducted 
     absent a declaration of war by Congress.
       (b) Prohibition on Conduct of First-use Nuclear Strikes.--
       (1) Prohibition.--No Federal funds may be obligated or 
     expended to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a war declared by Congress 
     that expressly authorizes such strike.
       (2) First-use nuclear strike defined.--In this subsection, 
     the term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the Secretary of Defense and the Chairman of the Joint Chiefs 
     of Staff first confirming to the President that there has 
     been a nuclear strike against the United States, its 
     territories, or its allies (as specified in section 3(b)(2) 
     of the Arms Export Control Act (22 U.S.C. 2753(b)(2))).
                                 ______
                                 
  SA 4173. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1548. REDUCTIONS IN SPENDING ON NUCLEAR WEAPONS; 
                   PROHIBITION ON PROCUREMENT AND DEPLOYMENT OF 
                   LOW-YIELD NUCLEAR WARHEADS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States continues to maintain an excessively 
     large and costly arsenal of nuclear delivery systems and 
     warheads that are a holdover from the Cold War.
       (2) The current nuclear arsenal of the United States 
     includes approximately 3,800 total nuclear warheads in its 
     military stockpile, of which approximately 1,750 are deployed 
     with five delivery components: land-based intercontinental 
     ballistic missiles, submarine-launched ballistic missiles, 
     long-range strategic bomber aircraft armed with nuclear 
     gravity bombs, long-range strategic bomber aircraft armed 
     with nuclear-armed air-launched cruise missiles, and short-
     range fighter aircraft that can deliver nuclear gravity 
     bombs. The strategic bomber fleet of the United States 
     comprises 87 B-52 and 20 B-2 aircraft, over 60 of which 
     contribute to the nuclear mission. The United States also 
     maintains 400 intercontinental ballistic missiles and 14 
     Ohio-class submarines, up to 12 of which are deployed. Each 
     of those submarines is armed with approximately 90 nuclear 
     warheads.
       (3) Between fiscal years 2021 and 2030, the United States 
     will spend an estimated $634,000,000,000 to maintain and 
     recapitalize its nuclear force, according to a January 2019 
     estimate from the Congressional Budget Office, an increase of 
     $140,000,000,000 from the Congressional Budget Office's 2019 
     estimate, with 36 percent of that additional cost stemming 
     ``mainly from new plans for modernizing [the Department of 
     Energy's] production facilities and from [the Department of 
     Defense's] modernization programs moving more fully into 
     production''.
       (4) Adjusted for inflation, the Congressional Budget Office 
     estimates that the United States will spend 
     $1,700,000,000,000 through fiscal year 2046 on new nuclear 
     weapons and modernization and infrastructure programs.
       (5) Inaccurate budget forecasting is likely to continue to 
     plague the Department of Defense and the Department of 
     Energy, as evidenced by the fiscal year 2021 budget request 
     of the President for the National Nuclear Security 
     Administration ``Weapon Activities'' account, which far 
     exceeded what the National Nuclear Security Administration 
     had projected in its fiscal year 2020 request and what it had 
     projected in previous years.
       (6) The projected growth in nuclear weapons spending is 
     coming due as the Department of Defense is seeking to replace 
     large portions of its conventional forces to better compete 
     with the Russian Federation and the People's Republic of 
     China and as internal and external fiscal pressures are 
     likely to limit the growth of, and perhaps reduce, military 
     spending. As then-Air Force Chief of Staff General Dave 
     Goldfein said in 2020, ``I think a debate is that this will 
     be the first time that the nation has tried to simultaneously 
     modernize the nuclear enterprise while it's trying to 
     modernize an aging conventional enterprise. The current 
     budget does not allow you to do both.''.
       (7) In 2017, the Government Accountability Office concluded 
     that National Nuclear Security Administration's budget 
     forecasts for out-year spending downplayed the fact that the 
     agency lacked the resources to complete multiple, 
     simultaneous billion dollar modernization projects and 
     recommended that the National Nuclear Security Administration 
     consider ``deferring the start of or cancelling specific 
     modernization programs''.
       (8) According to the Government Accountability Office, the 
     National Nuclear Security Administration has still not 
     factored affordability concerns into its planning as was 
     recommended by the Government Accountability Office in 2017, 
     with the warning that ``it is essential for NNSA to present 
     information to Congress and other key decision maker 
     indicating whether the agency has prioritized certain 
     modernization programs or considered trade-offs (such as 
     deferring or cancelling specific modernization programs)''.
       (9) A December 2020 Congressional Budget Office analysis 
     showed that the projected costs of nuclear forces over the 
     next decade can be reduced by $12,400,000,000 to 
     $13,600,000,000 by trimming back current plans, while still 
     maintaining a triad of delivery systems. Even larger savings 
     would accrue over the subsequent decade.
       (10) The Department of Defense's June 2013 nuclear policy 
     guidance entitled ``Report on Nuclear Employment Strategy of 
     the United States'' found that force levels under the April 
     2010 Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms between the United 
     States and the Russian Federation (commonly known as the 
     ``New START Treaty'') ``are more than adequate for what the 
     United States needs to fulfill its national security 
     objectives'' and can be reduced by up to \1/3\ below levels 
     under the New START Treaty to 1,000 to 1,100 warheads.

[[Page S7640]]

       (11) Former President Trump expanded the role of, and 
     spending on, nuclear weapons in United States policy at the 
     same time that he withdrew from, unsigned, or otherwise 
     terminated a series of important arms control and 
     nonproliferation agreements.
       (b) Reductions in Nuclear Forces.--
       (1) Reduction of nuclear-armed submarines.--Notwithstanding 
     any other provision of law, none of the funds authorized to 
     be appropriated or otherwise made available for fiscal year 
     2022 or any fiscal year thereafter for the Department of 
     Defense may be obligated or expended for purchasing more than 
     eight Columbia-class submarines.
       (2) Reduction of ground-based missiles.--Notwithstanding 
     any other provision of law, beginning in fiscal year 2022, 
     the forces of the Air Force shall include not more than 150 
     intercontinental ballistic missiles.
       (3) Reduction of deployed strategic warheads.--
     Notwithstanding any other provision of law, beginning in 
     fiscal year 2022, the forces of the United States Military 
     shall include not more than 1,000 deployed strategic 
     warheads, as that term is defined in the New START Treaty.
       (4) Limitation on new long-range penetrating bomber 
     aircraft.--Notwithstanding any other provision of law, none 
     of the funds authorized to be appropriated or otherwise made 
     available for any of fiscal years 2022 through 2028 for the 
     Department of Defense may be obligated or expended for 
     purchasing more than 80 B-21 long-range penetrating bomber 
     aircraft.
       (5) Prohibition on f-35 nuclear mission.--Notwithstanding 
     any other provision of law, none of the funds authorized to 
     be appropriated or otherwise made available for fiscal year 
     2022 or any fiscal year thereafter for the Department of 
     Defense or the Department of Energy may be used to make the 
     F-35 Joint Strike Fighter aircraft capable of carrying 
     nuclear weapons.
       (6) Prohibition on new air-launched cruise missile.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2022 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the research, development, test, 
     and evaluation or procurement of the long-range stand-off 
     weapon or any other new air-launched cruise missile or for 
     the W80 warhead life extension program.
       (7) Prohibition on new intercontinental ballistic 
     missile.--Notwithstanding any other provision of law, none of 
     the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2022 or any fiscal year thereafter 
     for the Department of Defense may be obligated or expended 
     for the research, development, test, and evaluation or 
     procurement of the ground-based strategic deterrent or any 
     new intercontinental ballistic missile.
       (8) Termination of uranium processing facility.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2022 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the Uranium Processing Facility 
     located at the Y-12 National Security Complex, Oak Ridge, 
     Tennessee.
       (9) Prohibition on procurement and deployment of new low-
     yield warhead.--Notwithstanding any other provision of law, 
     none of the funds authorized to be appropriated or otherwise 
     made available for fiscal year 2022 or any fiscal year 
     thereafter for the Department of Defense or the Department of 
     Energy may be obligated or expended to deploy the W76-2 low-
     yield nuclear warhead or any other low-yield or nonstrategic 
     nuclear warhead.
       (10) Prohibition on new submarine-launched cruise 
     missile.--Notwithstanding any other provision of law, none of 
     the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2022 or any fiscal year thereafter 
     for the Department of Defense or the Department of Energy may 
     be obligated or expended for the research, development, test, 
     and evaluation or procurement of a new submarine-launched 
     cruise missile capable of carrying a low-yield or 
     nonstrategic nuclear warhead.
       (11) Limitation on plutonium pit production.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2022 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for achieving production of more than 
     30 plutonium pits per year at Los Alamos National Laboratory, 
     Los Alamos, New Mexico.
       (12) Limitation on w87-1 warhead procurement and 
     deployment.--Notwithstanding any other provision of law, none 
     of the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2022 or any fiscal year thereafter 
     for the Department of Defense or the Department of Energy may 
     be obligated or expended for the procurement or deployment of 
     the W87-1 warhead for use on any missile that can feasibly 
     employ a W87 warhead.
       (13) Limitation on sustainment of b83-1 bomb.--
     Notwithstanding other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2022 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the sustainment of the B83-1 bomb 
     beyond the time at which confidence in the B61-12 stockpile 
     is gained.
       (14) Prohibition on space-based missile defense.--
     Notwithstanding other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2022 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the research, development, test, 
     and evaluation or procurement of a space-based missile 
     defense system.
       (15) Prohibition on the w-93 warhead.--Notwithstanding any 
     other provision of law, none of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2022 
     or any fiscal year thereafter for the Department of Defense 
     or the Department of Energy may be obligated or expended for 
     the procurement and deployment of a W-93 warhead on a 
     submarine launched ballistic missile.
       (c) Reports Required.--
       (1) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Energy shall jointly submit to the 
     appropriate committees of Congress a report outlining the 
     plan of each Secretary to carry out subsection (b).
       (2) Annual report.--Not later than March 1, 2022, and 
     annually thereafter, the Secretary of Defense and the 
     Secretary of Energy shall jointly submit to the appropriate 
     committees of Congress a report outlining the plan of each 
     Secretary to carry out subsection (b), including any updates 
     to previously submitted reports.
       (3) Annual nuclear weapons accounting.--Not later than 
     September 30, 2022, and annually thereafter, the President 
     shall transmit to the appropriate committees of Congress a 
     report containing a comprehensive accounting by the Director 
     of the Office of Management and Budget of the amounts 
     obligated and expended by the Federal Government for each 
     nuclear weapon and related nuclear program during--
       (A) the fiscal year covered by the report; and
       (B) the life cycle of such weapon or program.
       (4) Cost estimate report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of Energy shall jointly submit to 
     the appropriate committees of Congress a report outlining the 
     estimated cost savings that result from carrying out 
     subsection (b).
       (5) Report on funding national defense strategy.--Not later 
     than 180 days after the publication of a National Defense 
     Strategy under section 113(g) of title 10, United States 
     Code, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report explaining how 
     the Secretary proposes to fund the National Defense Strategy 
     under different levels of projected defense spending, 
     including scenarios in which--
       (A) anticipated cost savings from reform do not 
     materialize; or
       (B) defense spending decreases to the levels specified by 
     the Budget Control Act of 2011 (Public Law 112-25; 125 Stat. 
     240).
       (6) Modification of period to be covered by estimates of 
     costs relating to nuclear weapons.--Section 492a of title 10, 
     United States Code, is amended in subsections (a)(2)(F) and 
     (b)(1)(A) by striking ``10-year period'' each place it 
     appears and inserting ``25-year period''.
       (7) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Appropriations, and the 
     Committee on Energy and Natural Resources of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Appropriations, the 
     Committee on Energy and Commerce, and the Committee on 
     Natural Resources of the House of Representatives.
                                 ______
                                 
  SA 4174. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1253. TAIWAN FELLOWSHIP PROGRAM.

       (a) Short Title.--This section may be cited as the ``Taiwan 
     Fellowship Act''.
       (b) Findings.--Congress finds the following:
       (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) affirmed United States policy ``to preserve and 
     promote extensive, close, and friendly commercial, cultural, 
     and other relations between the people of the United States 
     and the people on Taiwan, as well as the people on the China 
     mainland and all other peoples of the Western Pacific area''.
       (2) Consistent with the Asia Reassurance Initiative Act of 
     2018 (Public Law 115-409), the United States has grown its 
     strategic partnership with Taiwan's vibrant democracy of 
     23,000,000 people.

[[Page S7641]]

       (3) Despite a concerted campaign by the People's Republic 
     of China to isolate Taiwan from its diplomatic partners and 
     from international organizations, including the World Health 
     Organization, Taiwan has emerged as a global leader in the 
     coronavirus global pandemic response, including by donating 
     more than 2,000,000 surgical masks and other medical 
     equipment to the United States.
       (4) The creation of a United States fellowship program with 
     Taiwan would support--
       (A) a key priority of expanding people-to-people exchanges, 
     which was outlined in President Donald J. Trump's 2017 
     National Security Strategy;
       (B) President Joseph R. Biden's commitment to Taiwan, ``a 
     leading democracy and a critical economic and security 
     partner,'' as expressed in his March 2021 Interim National 
     Security Strategic Guidance; and
       (C) April 2021 guidance from the Department of State based 
     on a review required under the Taiwan Assurance Act of 2020 
     (subtitle B of title III of division FF of Public Law 116-
     260) to ``encourage U.S. government engagement with Taiwan 
     that reflects our deepening unofficial relationship''.
       (c) Purposes.--The purposes of this section are--
       (1) to further strengthen the United States-Taiwan 
     strategic partnership and broaden understanding of the Indo-
     Pacific region by temporarily assigning officials of agencies 
     of the United States Government to Taiwan for intensive study 
     in Mandarin and placement as Fellows with the governing 
     authorities on Taiwan or a Taiwanese civic institution;
       (2) to provide for eligible United States personnel to 
     learn or strengthen Mandarin Chinese language skills and to 
     expand their understanding of the political economy of Taiwan 
     and the Indo-Pacific region; and
       (3) to better position the United States to advance its 
     economic, security, and human rights interests and values in 
     the Indo-Pacific region.
       (d) Definitions.--In this section:
       (1) Agency head.--The term ``agency head'' means in the 
     case of the executive branch of United States Government, or 
     a legislative branch agency described in paragraph (2), the 
     head of the respective agency.
       (2) Agency of the united states government.--The term 
     ``agency of the United States Government'' includes the 
     Government Accountability Office, Congressional Budget 
     Office, or the Congressional Research Service of the 
     legislative branch as well as any agency of the executive 
     branch.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Appropriations of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (4) Detailee.--The term ``detailee''--
       (A) means an employee of a branch of the United States 
     Government on loan to the American Institute in Taiwan, 
     without a change of position from the agency at which he or 
     she is employed; and
       (B) a legislative branch employee from the Government 
     Accountability Office, Congressional Budget Office, or the 
     Congressional Research Service.
       (5) Implementing partner.--The term ``implementing 
     partner'' means any United States organization described in 
     501(c)(3) of the Internal Revenue Code of 1986 that--
       (A) performs logistical, administrative, and other 
     functions, as determined by the Department of State and the 
     American Institute of Taiwan in support of the Taiwan 
     Fellowship Program; and
       (B) enters into a cooperative agreement with the American 
     Institute in Taiwan to administer the Taiwan Fellowship 
     Program.
       (e) Establishment of Taiwan Fellowship Program.--
       (1) Establishment.--The Secretary of State shall establish 
     the ``Taiwan Fellowship Program'' (referred to in this 
     subsection as the ``Program'') to provide a fellowship 
     opportunity in Taiwan of up to 2 years for eligible United 
     States citizens. The Department of State, in consultation 
     with the American Institute in Taiwan and the implementing 
     partner, may modify the name of the Program.
       (2) Cooperative agreement.--
       (A) In general.--The American Institute in Taiwan should 
     use amounts appropriated pursuant to subsection (h)(1) to 
     enter into an annual or multi-year cooperative agreement with 
     an appropriate implementing partner.
       (B) Fellowships.--The Department of State, in consultation 
     with the American Institute in Taiwan and, as appropriate, 
     the implementing partner, should award to eligible United 
     States citizens, subject to available funding--
       (i) approximately 5 fellowships during the first 2 years of 
     the Program; and
       (ii) approximately 10 fellowships during each of the 
     remaining years of the Program.
       (3) International agreement; implementing partner.--Not 
     later than 30 days after the date of the enactment of this 
     Act, the American Institute in Taiwan, in consultation with 
     the Department of State, should--
       (A) begin negotiations with the Taipei Economic and 
     Cultural Representative Office, or with another appropriate 
     entity, for the purpose of entering into an agreement to 
     facilitate the placement of fellows in an agency of the 
     governing authorities on Taiwan; and
       (B) begin the process of selecting an implementing partner, 
     which--
       (i) shall agree to meet all of the legal requirements 
     required to operate in Taiwan; and
       (ii) shall be composed of staff who demonstrate significant 
     experience managing exchange programs in the Indo-Pacific 
     region.
       (4) Curriculum.--
       (A) First year.--During the first year of each fellowship 
     under this subsection, each fellow should study--
       (i) the Mandarin Chinese language;
       (ii) the people, history, and political climate on Taiwan; 
     and
       (iii) the issues affecting the relationship between the 
     United States and the Indo-Pacific region.
       (B) Second year.--During the second year of each fellowship 
     under this subsection, each fellow, subject to the approval 
     of the Department of State, the American Institute in Taiwan, 
     and the implementing partner, and in accordance with the 
     purposes of this section, should work in--
       (i) a parliamentary office, ministry, or other agency of 
     the governing authorities on Taiwan; or
       (ii) an organization outside of the governing authorities 
     on Taiwan, whose interests are associated with the interests 
     of the fellow and the agency of the United States Government 
     from which the fellow had been employed.
       (5) Flexible fellowship duration.--Notwithstanding any 
     requirement under this subsection, the Secretary of State, in 
     consultation with the American Institute in Taiwan and, as 
     appropriate, the implementing partner, may award fellowships 
     that have a duration of less than two years, and may alter 
     the curriculum requirements under paragraph (4) for such 
     purposes.
       (6) Sunset.--The fellowship program under this subsection 
     shall terminate 7 years after the date of the enactment of 
     this Act.
       (f) Program Requirements.--
       (1) Eligibility requirements.--A United States citizen is 
     eligible for a fellowship under subsection (e) if he or she--
       (A) is an employee of the United States Government;
       (B) has received at least one exemplary performance review 
     in his or her current United States Government role within at 
     least the last three years prior to beginning the fellowship;
       (C) has at least 2 years of experience in any branch of the 
     United States Government;
       (D) has a demonstrated professional or educational 
     background in the relationship between the United States and 
     countries in the Indo-Pacific region; and
       (E) has demonstrated his or her commitment to further 
     service in the United States Government.
       (2) Responsibilities of fellows.--Each recipient of a 
     fellowship under subsection (e) shall agree, as a condition 
     of such fellowship--
       (A) to maintain satisfactory progress in language training 
     and appropriate behavior in Taiwan, as determined by the 
     Department of State, the American Institute in Taiwan and, as 
     appropriate, its implementing partner;
       (B) to refrain from engaging in any intelligence or 
     intelligence-related activity on behalf of the United States 
     Government; and
       (C) to continue Federal Government employment for a period 
     of not less than 4 years after the conclusion of the 
     fellowship or for not less than 2 years for a fellowship that 
     is 1 year or shorter.
       (3) Responsibilities of implementing partner.--
       (A) Selection of fellows.--The implementing partner, in 
     close coordination with the Department of State and the 
     American Institute in Taiwan, shall--
       (i) make efforts to recruit fellowship candidates who 
     reflect the diversity of the United States;
       (ii) select fellows for the Taiwan Fellowship Program based 
     solely on merit, with appropriate supervision from the 
     Department of State and the American Institute in Taiwan; and
       (iii) prioritize the selection of candidates willing to 
     serve a fellowship lasting 1 year or longer.
       (B) First year.--The implementing partner should provide 
     each fellow in the first year (or shorter duration, as 
     jointly determined by the Department of State and the 
     American Institute in Taiwan for those who are not serving a 
     2-year fellowship) with--
       (i) intensive Mandarin Chinese language training; and
       (ii) courses in the political economy of Taiwan, China, and 
     the broader Indo-Pacific.
       (C) Waiver of required training.--The Department of State, 
     in coordination with the American Institute in Taiwan and, as 
     appropriate, the implementing partner, may waive any of the 
     training required under subparagraph (B) to the extent that a 
     fellow has Mandarin language skills, knowledge of the topic 
     described in subparagraph (B)(ii), or for other related 
     reasons approved by the Department of State and the American 
     Institute in Taiwan. If any of the training requirements are 
     waived for a fellow serving a 2-year fellowship, the training 
     portion of his or her fellowship may be shortened to the 
     extent appropriate.
       (D) Office; staffing.--The implementing partner, in 
     consultation with the Department of State and the American 
     Institute in Taiwan, may maintain an office and at least 1 
     full-time staff member in Taiwan--

[[Page S7642]]

       (i) to liaise with the American Institute in Taiwan and the 
     governing authorities on Taiwan; and
       (ii) to serve as the primary in-country point of contact 
     for the recipients of fellowships under this section and 
     their dependents.
       (E) Other functions.--The implementing partner may perform 
     other functions in association in support of the Taiwan 
     Fellowship Program, including logistical and administrative 
     functions, as prescribed by the Department of State and the 
     American Institute in Taiwan.
       (4) Noncompliance.--
       (A) In general.--Any fellow who fails to comply with the 
     requirements under this subsection shall reimburse the 
     American Institute in Taiwan for--
       (i) the Federal funds expended for the fellow's 
     participation in the fellowship, as set forth in 
     subparagraphs (B) and (C); and
       (ii) interest accrued on such funds (calculated at the 
     prevailing rate).
       (B) Full reimbursement.--Any fellow who violates 
     subparagraph (A) or (B) of paragraph (2) shall reimburse the 
     American Institute in Taiwan in an amount equal to the sum 
     of--
       (i) all of the Federal funds expended for the fellow's 
     participation in the fellowship; and
       (ii) interest on the amount specified in clause (i), which 
     shall be calculated at the prevailing rate.
       (C) Pro rata reimbursement.--Any fellow who violates 
     paragraph (2)(C) shall reimburse the American Institute in 
     Taiwan in an amount equal to the difference between--
       (i) the amount specified in subparagraph (B); and
       (ii) the product of--

       (I) the amount the fellow received in compensation during 
     the final year of the fellowship, including the value of any 
     allowances and benefits received by the fellow; multiplied by
       (II) the percentage of the period specified in paragraph 
     (2)(C) during which the fellow did not remain employed by the 
     Federal Government.

       (5) Annual report.--Not later than 90 days after the 
     selection of the first class of fellows under this section, 
     and annually thereafter for 7 years, the Department of State 
     shall offer to brief the appropriate committees of Congress 
     regarding the following issues:
       (A) An assessment of the performance of the implementing 
     partner in fulfilling the purposes of this section.
       (B) The names and sponsoring agencies of the fellows 
     selected by the implementing partner and the extent to which 
     such fellows represent the diversity of the United States.
       (C) The names of the parliamentary offices, ministries, 
     other agencies of the governing authorities on Taiwan, and 
     nongovernmental institutions to which each fellow was 
     assigned during the second year of the fellowship.
       (D) Any recommendations, as appropriate, to improve the 
     implementation of the Taiwan Fellowship Program, including 
     added flexibilities in the administration of the program.
       (E) An assessment of the Taiwan Fellowship Program's value 
     upon the relationship between the United States and Taiwan or 
     the United States and Asian countries.
       (6) Annual financial audit.--
       (A) In general.--The financial records of any implementing 
     partner shall be audited annually in accordance with 
     generally accepted auditing standards by independent 
     certified public accountants or independent licensed public 
     accountants who are certified or licensed by a regulatory 
     authority of a State or another political subdivision of the 
     United States.
       (B) Location.--Each audit under subparagraph (A) shall be 
     conducted at the place or places where the financial records 
     of the implementing partner are normally kept.
       (C) Access to documents.--The implementing partner shall 
     make available to the accountants conducting an audit under 
     subparagraph (A)--
       (i) all books, financial records, files, other papers, 
     things, and property belonging to, or in use by, the 
     implementing partner that are necessary to facilitate the 
     audit; and
       (ii) full facilities for verifying transactions with the 
     balances or securities held by depositories, fiscal agents, 
     and custodians.
       (D) Report.--
       (i) In general.--Not later than 6 months after the end of 
     each fiscal year, the implementing partner shall provide a 
     report of the audit conducted for such fiscal year under 
     subparagraph (A) to the Department of State and the American 
     Institute in Taiwan.
       (ii) Contents.--Each audit report shall--

       (I) set forth the scope of the audit;
       (II) include such statements, along with the auditor's 
     opinion of those statements, as may be necessary to present 
     fairly the implementing partner's assets and liabilities, 
     surplus or deficit, with reasonable detail;
       (III) include a statement of the implementing partner's 
     income and expenses during the year; and
       (IV) include a schedule of--

       (aa) all contracts and cooperative agreements requiring 
     payments greater than $5,000; and
       (bb) any payments of compensation, salaries, or fees at a 
     rate greater than $5,000 per year.
       (iii) Copies.--Each audit report shall be produced in 
     sufficient copies for distribution to the public.
       (g) Taiwan Fellows on Detail From Government Service.--
       (1) In general.--
       (A) Detail authorized.--With the approval of the Secretary 
     of State, an agency head may detail, for a period of not more 
     than 2 years, an employee of the agency of the United States 
     Government who has been awarded a fellowship under this 
     section, to the American Institute in Taiwan for the purpose 
     of assignment to the governing authorities on Taiwan or an 
     organization described in subsection (e)(4)(B)(ii).
       (B) Agreement.--Each detailee shall enter into a written 
     agreement with the Federal Government before receiving a 
     fellowship, in which the fellow shall agree--
       (i) to continue in the service of the sponsoring agency at 
     the end of fellowship for a period of at least 4 years (or at 
     least 2 years if the fellowship duration is 1 year or 
     shorter) unless the detailee is involuntarily separated from 
     the service of such agency; and
       (ii) to pay to the American Institute in Taiwan any 
     additional expenses incurred by the Federal Government in 
     connection with the fellowship if the detailee voluntarily 
     separates from service with the sponsoring agency before the 
     end of the period for which the detailee has agreed to 
     continue in the service of such agency.
       (C) Exception.--The payment agreed to under subparagraph 
     (B)(ii) may not be required of a detailee who leaves the 
     service of the sponsoring agency to enter into the service of 
     another agency of the United States Government unless the 
     head of the sponsoring agency notifies the detailee before 
     the effective date of entry into the service of the other 
     agency that payment will be required under this subsection.
       (2) Status as government employee.--A detailee--
       (A) is deemed, for the purpose of preserving allowances, 
     privileges, rights, seniority, and other benefits, to be an 
     employee of the sponsoring agency;
       (B) is entitled to pay, allowances, and benefits from funds 
     available to such agency, which is deemed to comply with 
     section 5536 of title 5, United States Code; and
       (C) may be assigned to a position with an entity described 
     in section (f)(4)(B)(i) if acceptance of such position does 
     not involve--
       (i) the taking of an oath of allegiance to another 
     government; or
       (ii) the acceptance of compensation or other benefits from 
     any foreign government by such detailee.
       (3) Responsibilities of sponsoring agency.--
       (A) In general.--The Federal agency from which a detailee 
     is detailed should provide the fellow allowances and benefits 
     that are consistent with Department of State Standardized 
     Regulations or other applicable rules and regulations, 
     including--
       (i) a living quarters allowance to cover the cost of 
     housing in Taiwan;
       (ii) a cost of living allowance to cover any possible 
     higher costs of living in Taiwan;
       (iii) a temporary quarters subsistence allowance for up to 
     7 days if the fellow is unable to find housing immediately 
     upon arriving in Taiwan;
       (iv) an education allowance to assist parents in providing 
     the fellow's minor children with educational services 
     ordinarily provided without charge by public schools in the 
     United States;
       (v) moving expenses to transport personal belongings of the 
     fellow and his or her family in their move to Taiwan, which 
     is comparable to the allowance given for American Institute 
     in Taiwan employees assigned to Taiwan; and
       (vi) an economy-class airline ticket to and from Taiwan for 
     each fellow and the fellow's immediate family.
       (B) Modification of benefits.--The American Institute in 
     Taiwan and its implementing partner, with the approval of the 
     Department of State, may modify the benefits set forth in 
     subparagraph (A) if such modification is warranted by fiscal 
     circumstances.
       (4) No financial liability.--The American Institute in 
     Taiwan, the implementing partner, and any governing 
     authorities on Taiwan or nongovernmental entities in Taiwan 
     at which a fellow is detailed during the second year of the 
     fellowship may not be held responsible for the pay, 
     allowances, or any other benefit normally provided to the 
     detailee.
       (5) Reimbursement.--Fellows may be detailed under paragraph 
     (1)(A) without reimbursement to the United States by the 
     American Institute in Taiwan.
       (6) Allowances and benefits.--Detailees may be paid by the 
     American Institute in Taiwan for the allowances and benefits 
     listed in paragraph (3).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the American Institute in Taiwan, for 
     fiscal year 2022 and for each succeeding fiscal year, 
     $2,300,000, which shall be used to fund a cooperative 
     agreement with the appropriate implementing partner.
       (i) Study and Report.--Not later than one year prior to the 
     sunset of the fellowship program under subsection (e), the 
     Comptroller General of the United States shall conduct a 
     study and submit to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House a 
     report that includes--
       (1) an analysis of the United States Government 
     participants in this program, including the number of 
     applicants and the number of fellowships undertaken, the 
     place of employment, and as assessment of the

[[Page S7643]]

     costs and benefits for participants and for the United States 
     Government of such fellowships;
       (2) an analysis of the financial impact of the fellowship 
     on United States Government offices which have provided 
     Fellows to participate in the program; and
       (3) recommendations, if any, on how to improve the 
     fellowship program.
                                 ______
                                 
  SA 4175. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1253. ESTABLISHMENT OF QUAD INTRA-PARLIAMENTARY WORKING 
                   GROUP.

       (a) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     seek to enter into negotiations with the governments of 
     Japan, Australia, and India (collectively, with the United 
     States, known as the ``Quad'') with the goal of reaching a 
     written agreement to establish a Quad Intra-Parliamentary 
     Working Group for the purpose of advancing initiatives of the 
     Quad and to facilitate closer cooperation on shared interests 
     and values.
       (b) United States Group.--
       (1) In general.--At such time as the governments of the 
     Quad countries enter into a written agreement described in 
     subsection (a), there shall be established a United States 
     Group, which shall represent the United States at the Quad 
     Intra-Parliamentary Working Group.
       (2) Membership.--
       (A) In general.--The United States Group shall be comprised 
     of not more than 24 Members of Congress.
       (B) Appointment.--Of the Members of Congress appointed to 
     the United States Group under subparagraph (A)--
       (i) half shall be appointed by the Speaker of the House of 
     Representatives from among Members of the House, not less 
     than 4 of whom shall be members of the Committee on Foreign 
     Affairs; and
       (ii) half shall be appointed by the President Pro Tempore 
     of the Senate, based on recommendations of the majority 
     leader and minority leader of the Senate, from among Members 
     of the Senate, not less than 4 of whom shall be members of 
     the Committee on Foreign Relations (unless the majority 
     leader and minority leader determine otherwise).
       (3) Meetings.--
       (A) In general.--The United States Group shall seek to meet 
     not less frequently than annually with representatives and 
     appropriate staff of the legislatures of Japan, Australia, 
     and India, and any other country invited by mutual agreement 
     of the Quad countries.
       (B) Limitation.--A meeting described in subparagraph (A) 
     may be held--
       (i) in the United States;
       (ii) in another Quad country during periods when Congress 
     is not in session; or
       (iii) virtually.
       (4) Chairperson and vice chairperson.--
       (A) House delegation.--The Speaker of the House of 
     Representatives shall designate the chairperson or vice 
     chairperson of the delegation of the United States Group from 
     the House from among members of the Committee on Foreign 
     Affairs.
       (B) Senate delegation.--The President Pro Tempore of the 
     Senate shall designate the chairperson or vice chairperson of 
     the delegation of the United States Group from the Senate 
     from among members of the Committee on Foreign Relations.
       (5) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated 
     $1,000,000 for each fiscal years 2022 through 2025 for the 
     United States Group.
       (B) Distribution of appropriations.--
       (i) In general.--For each fiscal year for which an 
     appropriation is made for the United States Group, half of 
     the amount appropriated shall be available to the delegation 
     from the House of Representatives and half of the amount 
     shall be available to the delegation from the Senate.
       (ii) Method of distribution.--The amounts available to the 
     delegations of the House of Representatives and the Senate 
     under clause (i) shall be disbursed on vouchers to be 
     approved by the chairperson of the delegation from the House 
     of Representatives and the chairperson of the delegation from 
     the Senate, respectively.
       (6) Private sources.--The United States Group may accept 
     gifts or donations of services or property, subject to the 
     review and approval, as appropriate, of the Committee on 
     Ethics of the House of Representatives and the Committee on 
     Ethics of the Senate.
       (7) Certification of expenditures.--The certificate of the 
     chairperson of the delegation from the House of 
     Representatives or the delegation of the Senate of the United 
     States Group shall be final and conclusive upon the 
     accounting officers in the auditing of the accounts of the 
     United States Group.
       (8) Annual report.--The United States Group shall submit to 
     the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a report for each fiscal year for which an 
     appropriation is made for the United States Group, which 
     shall include a description of its expenditures under such 
     appropriation.
                                 ______
                                 
  SA 4176. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1548. REDUCTION OF THREATS POSED BY NUCLEAR WEAPONS TO 
                   THE UNITED STATES.

       (a) Findings.--Congress makes the following findings:
       (1) The use of nuclear weapons poses an existential threat 
     to humanity, a fact that led President Ronald Reagan and 
     Soviet Premier Mikhail Gorbachev to declare in a joint 
     statement in 1987 that a ``nuclear war cannot be won and must 
     never be fought''.
       (2) On June 12, 1982, an estimated 1,000,000 people 
     attended the largest peace rally in United States history, in 
     support of a movement to freeze and reverse the nuclear arms 
     race, a movement that helped to create the political will 
     necessary for the negotiation of several bilateral arms 
     control treaties between the United States and former Soviet 
     Union, and then the Russian Federation. Those treaties 
     contributed to strategic stability through mutual and 
     verifiable reciprocal nuclear weapons reductions.
       (3) Since the advent of nuclear weapons in 1945, millions 
     of people around the world have stood up to demand 
     meaningful, immediate international action to halt, reduce, 
     and eliminate the threats posed by nuclear weapons, nuclear 
     weapons testing, and nuclear war, to humankind and the 
     planet.
       (4) In 1970, the Treaty on the Non-Proliferation of Nuclear 
     Weapons done at Washington, London, and Moscow July 1, 1968 
     (21 UST 483) (commonly referred to as the ``Nuclear Non-
     Proliferation Treaty'' or the ``NPT'') entered into force, 
     which includes a binding obligation on the 5 nuclear-weapon 
     states (commonly referred to as the ``P5''), among other 
     things, ``to pursue negotiations in good faith on effective 
     measures relating to the cessation of the nuclear arms race . 
     . . and to nuclear disarmament''.
       (5) Bipartisan United States global leadership has curbed 
     the growth in the number of countries possessing nuclear 
     weapons and has slowed overall vertical proliferation among 
     countries already possessing nuclear weapons, as is 
     highlighted by a more than 85-percent reduction in the United 
     States nuclear weapons stockpile from its Cold War height of 
     31,255 in 1967.
       (6) The United States testing of nuclear weapons is no 
     longer necessary as a result of the following major technical 
     developments since the Senate's consideration of the 
     Comprehensive Nuclear-Test-Ban Treaty (commonly referred to 
     as the ``CTBT'') in 1999:
       (A) The verification architecture of the Comprehensive 
     Nuclear Test-Ban-Treaty Organization (commonly referred to as 
     the ``CTBTO'')--
       (i) has made significant advancements, as seen through its 
     network of 300 International Monitoring Stations and its 
     International Data Centre, which together provide for the 
     near instantaneous detection of nuclear explosives tests, 
     including all 6 such tests conducted by North Korea between 
     2006 and 2017; and
       (ii) is operational 24 hours a day, 7 days a week.
       (B) Since the United States signed the CTBT, confidence has 
     grown in the science-based Stockpile Stewardship and 
     Management Plan of the Department of Energy, which forms the 
     basis of annual certifications to the President regarding the 
     continual safety, security, and effectiveness of the United 
     States nuclear deterrent in the absence of nuclear testing, 
     leading former Secretary of Energy Ernest Moniz to remark in 
     2015 that ``lab directors today now state that they certainly 
     understand much more about how nuclear weapons work than 
     during the period of nuclear testing''.
       (7) Despite the progress made to reduce the number and role 
     of, and risks posed by, nuclear weapons, and to halt the Cold 
     War-era nuclear arms race, tensions between countries that 
     possess nuclear weapons are on the rise, key nuclear risk 
     reduction treaties are under threat, significant stockpiles 
     of weapons-usable fissile material remain, and a qualitative 
     global nuclear arms race is now underway with each of the 
     countries that possess nuclear weapons spending tens of 
     billions of dollars each year to maintain and improve their 
     arsenals.
       (8) The Russian Federation is pursuing the development of 
     destabilizing types of nuclear weapons that are not presently 
     covered under any existing arms control treaty or agreement 
     and the People's Republic of China, India, Pakistan, and 
     North Korea have each taken concerning steps to diversify 
     their more modest sized, but nonetheless very deadly, nuclear 
     arsenals.

[[Page S7644]]

       (9) Former President Donald J. Trump's 2018 Nuclear Posture 
     Review called for the development two new nuclear weapons 
     capabilities, which have the effect of lowering the threshold 
     for nuclear weapons use:
       (A) A low-yield warhead on a submarine-launched ballistic 
     missile, which was deployed before the date of the enactment 
     of this Act.
       (B) A sea-launched cruise missile, still under development 
     on the date of the enactment of this Act.
       (10) On February 3, 2021, President Joseph R. Biden 
     preserved binding and verifiable limits on the deployed and 
     non-deployed strategic forces of the largest two nuclear 
     weapons powers through the five-year extension of the Treaty 
     between the United States of America and the Russian 
     Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed April 8, 2010, 
     and entered into force February 5, 2011 (commonly referred to 
     as the ``New START Treaty'').
       (11) In 2013, the report on a nuclear weapons employment 
     strategy of the United States submitted under section 492 of 
     title 10, United States Code, determined that it is possible 
     to ensure the security of the United States and allies and 
     partners of the United States and maintain a strong and 
     credible strategic deterrent while safely pursuing up to a 
     \1/3\ reduction in deployed nuclear weapons from the level 
     established in the New START Treaty.
       (12) On January 12, 2017, then-Vice President Biden stated, 
     ``[G]iven our non-nuclear capabilities and the nature of 
     today's threats--it's hard to envision a plausible scenario 
     in which the first use of nuclear weapons by the United 
     States would be necessary. Or make sense.''.
       (13) In light of moves by the United States and other 
     countries to increase their reliance on nuclear weapons, a 
     global nuclear freeze would seek to halt the new nuclear arms 
     race by seeking conclusion of a comprehensive and verifiable 
     freeze on the testing, deployment, and production of nuclear 
     weapons and delivery vehicles for such weapons.
       (b) Statement of Policy.--The following is the policy of 
     the United States:
       (1) The United States should build upon its decades long, 
     bipartisan efforts to reduce the number and salience of 
     nuclear weapons by leading international negotiations on 
     specific arms-reduction measures as part of a 21st century 
     global nuclear freeze movement.
       (2) Building on the successful extension of the New START 
     Treaty, the United States should engage with all other 
     countries that possess nuclear weapons to seek to negotiate 
     and conclude future multilateral arms control, disarmament, 
     and risk reduction agreements, which should contain some or 
     all of the following provisions:
       (A) An agreement by the United States and the Russian 
     Federation on a follow-on treaty or agreement to the New 
     START Treaty that may lower the central limits of the Treaty 
     and cover new kinds of strategic delivery vehicles or non-
     strategic nuclear weapons.
       (B) An agreement on a verifiable freeze on the testing, 
     production, and further deployment of all nuclear weapons and 
     delivery vehicles for such weapons.
       (C) An agreement that establishes a verifiable numerical 
     ceiling on the deployed shorter-range and intermediate-range 
     and strategic delivery systems (as defined by the INF Treaty 
     and the New START Treaty, respectively) and the nuclear 
     warheads associated with such systems belonging to the P5, 
     and to the extent possible, all countries that possess 
     nuclear weapons, at August 2, 2019, levels.
       (D) An agreement by each country to adopt a policy of no 
     first use of nuclear weapons or provide transparency into its 
     nuclear declaratory policy.
       (E) An agreement on a proactive United Nations Security 
     Council resolution that expands access by the International 
     Atomic Energy Agency to any country found by the Board of 
     Governors of that Agency to be noncompliant with its 
     obligations under the NPT.
       (F) An agreement to refrain from configuring nuclear forces 
     in a ``launch on warning'' or ``launch under warning'' 
     nuclear posture, which may prompt a nuclear armed country to 
     launch a ballistic missile attack in response to detection by 
     an early-warning satellite or sensor of a suspected incoming 
     ballistic missile.
       (G) An agreement not to target or interfere in the nuclear 
     command, control, and communications (commonly referred to as 
     ``NC3'') infrastructure of another country through a kinetic 
     attack or a cyberattack.
       (H) An agreement on transparency measures or verifiable 
     limits, or both, on hypersonic cruise missiles and glide 
     vehicles that are fired from sea-based, ground, and air 
     platforms.
       (I) An agreement to provide a baseline and continuous 
     exchanges detailing the aggregate number of active nuclear 
     weapons and associated systems possessed by each country.
       (3) The United States should rejuvenate efforts in the 
     United Nations Conference on Disarmament toward the 
     negotiation of a verifiable Fissile Material Treaty or 
     Fissile Material Cutoff Treaty, or move negotiations to 
     another international body or fora, such as a meeting of the 
     P5. Successful conclusion of such a treaty would verifiably 
     prevent any country's production of highly enriched uranium 
     and plutonium for use in nuclear weapons.
       (4) The United States should convene a series of head-of-
     state level summits on nuclear disarmament modeled on the 
     Nuclear Security Summits process, which saw the elimination 
     of the equivalent of 3,000 nuclear weapons.
       (5) The President should seek ratification by the Senate of 
     the CTBT and mobilize all countries covered by Annex 2 of the 
     CTBT to pursue similar action to hasten entry into force of 
     the CTBT. The entry into force of the CTBT, for which 
     ratification by the United States will provide critical 
     momentum, will activate the CTBT's onsite inspection 
     provision to investigate allegations that any country that is 
     a party to the CTBT has conducted a nuclear test of any 
     yield.
       (6) The President should make the accession of North Korea 
     to the CTBT a component of any final agreement in fulfilling 
     the pledges the Government of North Korea made in Singapore, 
     as North Korea is reportedly the only country to have 
     conducted a nuclear explosive test since 1998.
       (7) The United States should--
       (A) refrain from developing any new designs for nuclear 
     warheads or bombs, but especially designs that could add a 
     level of technical uncertainty into the United States 
     stockpile and thus renew calls to resume nuclear explosive 
     testing in order to test that new design; and
       (B) seek reciprocal commitments from other countries that 
     possess nuclear weapons.
       (c) Prohibition on Use of Funds for Nuclear Test 
     Explosions.--
       (1) In general.--None of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2022 
     or any fiscal year thereafter, or authorized to be 
     appropriated or otherwise made available for any fiscal year 
     before fiscal year 2022 and available for obligation as of 
     the date of the enactment of this Act, may be obligated or 
     expended to conduct or make preparations for any explosive 
     nuclear weapons test that produces any yield until such time 
     as--
       (A) the President submits to Congress an addendum to the 
     report required by section 4205 of the Atomic Energy Defense 
     Act (50 U.S.C. 2525) that details any change to the condition 
     of the United States nuclear weapons stockpile from the 
     report submitted under that section in the preceding year; 
     and
       (B) there is enacted into law a joint resolution of 
     Congress that approves the test.
       (2) Rule of construction.--Paragraph (1) does not limit 
     nuclear stockpile stewardship activities that are consistent 
     with the zero-yield standard and other requirements under 
     law.
                                 ______
                                 
  SA 4177. Mr. MENENDEZ 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 XII, add the following:

     SEC. 1237. REPEAL OF WAIVER AUTHORITY FOR PROVISION OF 
                   ASSISTANCE TO THE GOVERNMENT OF AZERBAIJAN.

       Title II of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2002 (Public Law 107-
     115; 22 U.S.C. 5812 note) is amended, in subsection (g) of 
     the matter under the heading ``assistance for the independent 
     states of the former soviet union'' under the heading ``Other 
     Bilateral Economic Assistance''--
       (1) by striking paragraphs (2) through (6); and
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(1) Section'' and inserting ``Section''; and
       (B) by redesignating subparagraphs (A) through (F) as 
     paragraphs (1) through (6), respectively.
                                 ______
                                 
  SA 4178. Mr. MENENDEZ 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. PLAN FOR ENHANCING INSTITUTIONAL CAPACITY BUILDING 
                   ACTIVITIES IN NIGERIA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall develop a 
     plan for enhancing institutional capacity building activities 
     in the Federal Republic of Nigeria.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) An assessment of the major areas of weakness in 
     civilian oversight of--

[[Page S7645]]

       (A) the military forces of the Federal Republic of Nigeria; 
     and
       (B) the defense institutions of the Federal Republic of 
     Nigeria.
       (2) An identification of the programs authorized under 
     title 10, United States Code, that could be applied to 
     strengthen--
       (A) civilian oversight of the military forces of the 
     Federal Republic of Nigeria; and
       (B) governance in the defense sector of the Federal 
     Republic of Nigeria.
       (3) A plan for the provision of assistance to the Federal 
     Republic of Nigeria under section 332(b) of title 10, United 
     States Code, during the three-year period beginning on the 
     date of the enactment of this Act that--
       (A) includes civilian oversight of the military and better 
     governance and internal controls in defense establishments; 
     and
       (B) addresses shortfalls in organizational structure and 
     management.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 4179. Mr. MENENDEZ 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 MAJOR CONSTRAINTS ON EFFECTIVENESS OF 
                   MILITARY FORCES OF NIGERIA IN COMBATING ISIS 
                   AND BOKO HARAM.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report that includes an analysis of the major 
     constraints on the effectiveness of the military forces of 
     the Federal Republic of Nigeria in combating ISIS and Boko 
     Haram (to the extent Boko Haram persists) in northeastern 
     Nigeria.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Select 
     Committee on Intelligence of the Senate, and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs, the Permanent Select 
     Committee on Intelligence, and the Committee on Armed 
     Services of the House of Representatives.
                                 ______
                                 
  SA 4180. Ms. ROSEN (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 B of title II, add the following 
     new section:

     SEC. ___. PILOT PROGRAM ON DATA LIBRARIES FOR TRAINING 
                   ARTIFICIAL INTELLIGENCE MODELS.

       (a) Pilot Program Authorized.--The Secretary of Defense, 
     acting through the Director of the Joint Artificial 
     Intelligence Center or such other official as the Secretary 
     considers appropriate, may carry out a pilot program to 
     assess the feasibility and advisability of establishing data 
     libraries for developing and enhancing artificial 
     intelligence capabilities to ensure that the Department of 
     Defense is able to procure optimal artificial intelligence 
     and machine learning software capabilities to meet Department 
     requirements and technology development goals.
       (b) Authorities.--In carrying out a pilot program under 
     subsection (a), the Secretary may--
       (1) establish data libraries containing Department data 
     sets relevant to the development of artificial intelligence 
     software and technology; and
       (2) allow appropriate public and private sector 
     organizations to access such data libraries for the purposes 
     of developing artificial intelligence models and other 
     technical software solutions.
       (c) Elements.--If the Secretary elects to carry out the 
     pilot program under subsection (a), the data libraries 
     established under the program--
       (1) may include unclassified data representative of diverse 
     types of information, representing Department missions, 
     business processes, and activities; and
       (2) shall be categorized and annotated to support 
     development of a common evaluation framework for artificial 
     intelligence models and other technical software solutions;
       (3) shall be made available to such public and private 
     sector organizations as the Secretary considers appropriate 
     to support rapid development of software and artificial 
     intelligence capabilities;
       (4) shall include capabilities and tool sets to detect, 
     evaluate, and correct errors in data annotation, identify 
     gaps in training data used in model development that would 
     require additional data labeling, and evaluate model 
     performance across the lifecycle of its use; and
       (5) shall be developed to support such other missions and 
     activities as the Secretary considers appropriate.
       (d) Briefing.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary shall provide to the 
     congressional defense committees a briefing on implementing 
     this section, including an identification of the types of 
     information that the Secretary determines are feasible and 
     advisable to include in the data libraries under subsection 
     (b)(1).
                                 ______
                                 
  SA 4181. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 1601 and insert the following:

     SEC. 1601. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.

       (a) In General.--The Secretary of Defense shall--
       (1) determine the overall workforce requirement of the 
     Department of Defense for cyber and information operation 
     military personnel across the active and reserve components 
     of the Armed Forces (other than the Coast Guard) and for 
     civilian personnel, and in doing so shall--
       (A) consider personnel in positions securing the Department 
     of Defense Information Network and associated enterprise 
     information technology, defense agencies and field 
     activities, and combatant commands, including current billets 
     primarily associated with the information environment and 
     cyberspace domain and projected future billets;
       (B) consider the mix between military and civilian 
     personnel, active and reserve components, and the use of the 
     National Guard;
       (C) develop a workforce development plan for military and 
     civilian personnel that covers accessions, training, 
     education, recruitment, retention, fair and competitive 
     compensation, enlistment standards and screening tools, 
     analysis of recruiting resources and sustainment of the 
     workforce, and metrics to evaluate success; and
       (D) consider such other elements as the Secretary 
     determines appropriate;
       (2) assess current and future general information warfare 
     and cyber education curriculum and requirements for military 
     and civilian personnel, including--
       (A) acquisition personnel;
       (B) accessions and recruits to the military services;
       (C) cadets and midshipmen at the military service academies 
     and enrolled in the Senior Reserve Officers' Training Corps;
       (D) information environment and cyberspace military and 
     civilian personnel;
       (E) non-information environment and cyberspace military and 
     civilian personnel;
       (F) cyberspace and information environment-related 
     scholarship-for-service programs, including--
       (i) the CyberCorps: Scholarship for Service (SFS);
       (ii) the Department of Defense Cyber Scholarship Program 
     (DoD CySP);
       (iii) the Department of Defense Science, Mathematics, and 
     Research for Transformation (SMART) Scholarship-for-Service 
     Program;
       (iv) the Stokes Educational Scholarship Program; and
       (v) the OnRamp II Scholarship Program; and
       (G) such current programs and institutions for information 
     warfare and cyber education for military and civilian 
     personnel, including--
       (i) the military service academies;
       (ii) the educational institutions described in section 
     2151(b) of title 10, United States Code;
       (iii) the Air Force Institute of Technology;
       (iv) the National Defense University;
       (v) the Joint Special Operations University;
       (vi) any other military educational institution of the 
     Department specified by the Secretary for purposes of this 
     section; and
       (vii) the Cyber Centers of Academic Excellence certified 
     jointly by the National Security Agency and the Department of 
     Homeland Security; and
       (3) determine--
       (A) the cyberspace domain and information warfare mission 
     requirements of an undergraduate- and graduate-level 
     professional military education college on par with and 
     distinct from the war colleges for the Army, Navy, and Air 
     Force;

[[Page S7646]]

       (B) what curriculum such a college should instruct;
       (C) whether such a college should be joint;
       (D) where it should be located;
       (E) where such college should be administered;
       (F) interim efforts to improve the coordination of existing 
     cyber and information environment education programs; and
       (G) the feasibility and advisability of partnering with and 
     integrating a Reserve Officers' Training Corps (ROTC) 
     program, which shall include civilian personnel, dedicated to 
     cyber and information environment operations.
       (b) Briefing and Report Required.--Not later than May 31, 
     2022, the Secretary shall provide the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a briefing and, not later than 
     December 1, 2022, the Secretary shall submit to such 
     committees a report on--
       (1) the findings of the Secretary in carrying out 
     subsection (a);
       (2) an implementation plan to achieve future information 
     warfare and cyber education requirements at appropriate 
     locations;
       (3) such recommendations as the Secretary may have for 
     personnel needs in information warfare and the cyberspace 
     domain; and
       (4) such legislative or administrative action as the 
     Secretary identifies as necessary to effectively meet cyber 
     personnel requirements.
       (c) Education Defined.--In this section, the term 
     ``education'' includes formal education requirements, such as 
     degrees and certification in targeted subject areas, but also 
     general training, including--
       (1) reskilling;
       (2) knowledge, skills, and abilities; and
       (3) nonacademic professional development.
                                 ______
                                 
  SA 4182. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. INFORMATION WARFARE AND CYBER EDUCATION CURRICULUM 
                   AND REQUIREMENTS FOR CIVILIAN INTELLIGENCE 
                   COMMUNITY.

       (a) In General.--The Director of National Intelligence 
     shall--
       (1) assess current general information warfare and cyber 
     education curriculum and requirements for civilian elements 
     of the intelligence community and other civilian personnel as 
     the Director considers appropriate, including--
       (A) acquisition personnel;
       (B) information environment and cyberspace personnel;
       (C) non-information environment and cyberspace personnel;
       (D) cyberspace and information environment-related 
     scholarship-for-service programs, including--
       (i) the CyberCorps: Scholarship for Service (SFS);
       (ii) the Department of Defense Cyber Scholarship Program 
     (DoD CySP);
       (iii) the Department of Defense Science, Mathematics, and 
     Research for Transformation (SMART) Scholarship-for-Service 
     Program;
       (iv) the Stokes Educational Scholarship Program; and
       (v) the OnRamp II Scholarship Program; and
       (2) determine--
       (A) the cyberspace domain and information security 
     requirements of an undergraduate- and graduate-level 
     professional education college on par with the war colleges 
     for the Army, Navy, and Air Force;
       (B) what curriculum such a college should instruct;
       (C) whether such a college should be joint;
       (D) where such a college should be located;
       (E) under which Federal agency such a college should be 
     administered; and
       (F) interim efforts to improve the coordination of existing 
     cyber and information environment education programs; and
       (3) assess the global current and future cyber and 
     information security environment and its effect on the 
     national security of the United States, including--
       (A) the cyber workforce capacity of rival state armed 
     forces and non-state actors and potential cyber operations to 
     enable their warfighting capabilities and threaten the 
     national security of the United States; and
       (B) the composition of civilian and military cyber 
     workforces of rival state and non-state actors and how rival 
     state and non-state actors use cyber operations to undermine 
     the economic strength, political will, and military might of 
     the United States.
       (b) Report Required.--
       (1) In general.--Not later than May 31, 2022, the Director 
     shall provide the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives a briefing and, not later than 
     December 1, 2022, the Director shall submit to such 
     committees a report on--
       (A) the findings of the Director in carrying out subsection 
     (a);
       (B) an implementation plan to achieve future information 
     security and cyber education requirements at appropriate 
     locations;
       (C) such recommendations as the Director may have for 
     personnel needs in information warfare and the cyberspace 
     domain; and
       (D) such legislative or administrative action as the 
     Director identifies as necessary to effectively meet cyber 
     personnel requirements.
       (2) Form.--In presenting and submitting findings under 
     paragraph (1)(A) with respect to subsection (a)(3), the 
     Director may--
       (A) when providing the briefing required by such paragraph, 
     present such findings in a classified setting; and
       (B) when submitting the report required by such paragraph, 
     include such findings in a classified annex.
       (c) Definitions.--In this section:
       (1) The term ``education'' includes formal education 
     requirements, such as degrees and certification in targeted 
     subject areas, but also general training, including--
       (A) reskilling;
       (B) knowledge, skills, and abilities; and
       (C) nonacademic professional development.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 4183. 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 end of subtitle F of title XII, add the following:

     SEC. 1264. REPORTS ON JOINT STATEMENT OF THE UNITED STATES 
                   AND GERMANY ON SUPPORTING UKRAINE, EUROPEAN 
                   ENERGY SECURITY, AND CLIMATE GOALS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States remains opposed to the completion of 
     the Nord Stream 2 pipeline, which threatens the energy 
     security of many European allies;
       (2) the United States is concerned by recent efforts by the 
     Russian Federation to weaponize gas supplies to advance its 
     geopolitical agenda and exploit the vulnerabilities of 
     Eastern European companies; and
       (3) the Government of Germany must make every effort--
       (A) to act upon all deliverables outlined in the joint 
     statement reached between the United States and Germany on 
     July 15, 2021;
       (B) to apply sanctions with respect to the Russian 
     Federation for any malign activity that weaponizes gas 
     supplies to European allies; and
       (C) to comply with the regulatory framework under the 
     European Union's Third Energy Package with respect to Nord 
     Stream 2.
       (b) Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and every 90 days thereafter 
     through September 30, 2023, the Secretary of State shall 
     submit to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives a report on the implementation of the United 
     States-Germany climate and energy joint statement announced 
     by the President on July 15, 2021.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) A description of efforts undertaken by Germany to 
     execute the elements of such joint statement, including 
     efforts--
       (i) to implement assistance programs that--

       (I) support energy diversification in Ukraine; and
       (II) commit funding to, and mobilize investments toward, 
     sustainable energy;

       (ii) to support Ukraine in negotiations with Gazprom to 
     extend the current transit agreement; and
       (iii) to engage more deeply in the Minsk Agreements and the 
     Normandy Format for a political solution to the Russian 
     Federation's illegal occupation of Crimea.
       (B) An assessment of activities by the United States and 
     Germany to advance and provide funding for the Three Seas 
     Initiative.
       (C) A description of any activity of, or supported by, the 
     Government of the Russian Federation--
       (i) to weaponize the gas supplies of the Russian Federation 
     so as to exert political pressure upon any European country;
       (ii) to withhold gas supplies for the purpose of extracting 
     excessive profit over European customers; or
       (iii) to seek exemption from the European Union's Third 
     Energy Package regulatory framework.

[[Page S7647]]

  

                                 ______
                                 
  SA 4184. Mr. BRAUN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 10__. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND 
                   THIRD-PARTY VERIFIER CERTIFICATION PROGRAM.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate the participation of farmers, ranchers, 
     and private forest landowners in voluntary environmental 
     credit markets, including through the Program;
       (2) to facilitate the provision of technical assistance 
     through covered entities to farmers, ranchers, and private 
     forest landowners in overcoming barriers to entry into 
     voluntary environmental credit markets;
       (3) to assist covered entities in certifying under the 
     Program; and
       (4) to establish the Advisory Council to advise the 
     Secretary regarding the Program and other related matters.
       (b) Definitions.--In this section:
       (1) Advisory council.--The term ``Advisory Council'' means 
     the Greenhouse Gas Technical Assistance Provider and Third-
     Party Verifier Certification Program Advisory Council 
     established under subsection (g)(1).
       (2) Agriculture or forestry credit.--The term ``agriculture 
     or forestry credit'' means a credit derived from the 
     prevention, reduction, or mitigation of greenhouse gas 
     emissions or carbon sequestration on agricultural land or 
     private forest land that may be bought or sold on a voluntary 
     environmental credit market.
       (3) Beginning farmer or rancher.--The term ``beginning 
     farmer or rancher'' has the meaning given the term in section 
     2501(a) of the Food, Agriculture, Conservation, and Trade Act 
     of 1990 (7 U.S.C. 2279(a)).
       (4) Covered entity.--The term ``covered entity'' means a 
     person or State that either--
       (A) is a provider of technical assistance to farmers, 
     ranchers, or private forest landowners in carrying out 
     sustainable land use management practices that--
       (i) prevent, reduce, or mitigate greenhouse gas emissions; 
     or
       (ii) sequester carbon; or
       (B) is a third-party verifier entity that conducts the 
     verification of the processes described in protocols for 
     voluntary environmental credit markets.
       (5) Greenhouse gas.--The term ``greenhouse gas'' means--
       (A) carbon dioxide;
       (B) methane;
       (C) nitrous oxide; and
       (D) any other gas that the Secretary, in consultation with 
     the Advisory Council, determines has been identified to have 
     heat trapping qualities.
       (6) Program.--The term ``Program'' means the Greenhouse Gas 
     Technical Assistance Provider and Third-Party Verifier 
     Certification Program established under subsection (c).
       (7) Protocol.--The term ``protocol'' means a systematic 
     approach that follows a science-based methodology that is 
     transparent and thorough to establish requirements--
       (A) for the development of projects to prevent, reduce, or 
     mitigate greenhouse gas emissions or sequester carbon that 
     include 1 or more baseline scenarios; and
       (B) to quantify, monitor, report, and verify the 
     prevention, reduction, or mitigation of greenhouse gas 
     emissions or carbon sequestration by projects described in 
     subparagraph (A).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (9) Socially disadvantaged farmer or rancher; socially 
     disadvantaged group.--The terms ``socially disadvantaged 
     farmer or rancher'' and ``socially disadvantaged group'' have 
     the meaning given those terms in section 355(e) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     2003(e)).
       (10) Technical assistance.--The term ``technical 
     assistance'' means technical expertise, information, and 
     tools necessary to assist a farmer, rancher, or private 
     forest landowner who is engaged in or wants to engage in a 
     project to prevent, reduce, or mitigate greenhouse gas 
     emissions or sequester carbon to meet a protocol.
       (11) Voluntary environmental credit market.--The term 
     ``voluntary environmental credit market'' means a voluntary 
     market through which agriculture or forestry credits may be 
     bought or sold.
       (c) Establishment.--
       (1) In general.--On the date that is 270 days after the 
     date of enactment of this Act, and after making a positive 
     determination under paragraph (2), the Secretary shall 
     establish a voluntary program, to be known as the 
     ``Greenhouse Gas Technical Assistance Provider and Third-
     Party Verifier Certification Program'', to certify covered 
     entities that the Secretary determines meet the requirements 
     described in subsection (d).
       (2) Determination.--The Secretary shall establish the 
     Program only if, after considering relevant information, 
     including the information collected or reviewed relating to 
     the assessment conducted under subsection (h)(1)(A), the 
     Secretary determines that the Program will further each of 
     the purposes described in paragraphs (1) and (2) of 
     subsection (a).
       (3) Report.--If the Secretary determines under paragraph 
     (2) that the Program would not further the purposes described 
     in paragraph (1) or (2) of subsection (a) and does not 
     establish the Program, the Secretary shall publish a report 
     describing the reasons the Program would not further those 
     purposes.
       (d) Certification Qualifications.--
       (1) In general.--
       (A) Protocols and qualifications.--After providing public 
     notice and at least a 60-day period for public comment, the 
     Secretary shall, during the 90-day period beginning on the 
     date on which the Program is established, publish--
       (i) a list of, and documents relating to, recognized 
     protocols for voluntary environmental credit markets that are 
     designed to ensure consistency, reliability, effectiveness, 
     efficiency, and transparency, including protocol documents 
     and details relating to--

       (I) calculations;
       (II) sampling methodologies;
       (III) accounting principles;
       (IV) systems for verification, monitoring, measurement, and 
     reporting; and
       (V) methods to account for additionality, permanence, 
     leakage, and, where appropriate, avoidance of double 
     counting; and

       (ii) descriptions of qualifications for covered entities 
     that--

       (I) demonstrate that the covered entity can assist farmers, 
     ranchers, and private forest landowners in accomplishing the 
     purposes described in paragraphs (1) and (2) of subsection 
     (a); and
       (II) demonstrate proficiency with the protocols described 
     in clause (i).

       (B) Requirements.--Covered entities certified under the 
     Program shall maintain expertise in the protocols described 
     in subparagraph (A)(i), adhere to the qualifications 
     described in subparagraph (A)(ii), and adhere to any relevant 
     conflict of interest requirements, as determined appropriate 
     by the Secretary, for--
       (i) the provision of technical assistance to farmers, 
     ranchers, and private forest landowners for carrying out 
     activities described in paragraph (2); or
       (ii) the verification of the processes described in 
     protocols for voluntary environmental credit markets that are 
     used in carrying out activities described in paragraph (2).
       (2) Activities.--The activities for which covered entities 
     may provide technical assistance or conduct verification of 
     processes under the Program are current and future activities 
     that prevent, reduce, or mitigate greenhouse gas emissions or 
     sequester carbon, which may include--
       (A) land or soil carbon sequestration;
       (B) emissions reductions derived from fuel choice or 
     reduced fuel use;
       (C) livestock emissions reductions, including emissions 
     reductions achieved through--
       (i) feeds, feed additives, and the use of byproducts as 
     feed sources; or
       (ii) manure management practices;
       (D) on-farm energy generation;
       (E) energy feedstock production;
       (F) fertilizer or nutrient use emissions reductions;
       (G) reforestation;
       (H) forest management, including improving harvesting 
     practices and thinning diseased trees;
       (I) prevention of the conversion of forests, grasslands, 
     and wetlands;
       (J) restoration of wetlands or grasslands;
       (K) grassland management, including prescribed grazing;
       (L) current practices associated with private land 
     conservation programs administered by the Secretary; and
       (M) such other activities, or combinations of activities, 
     that the Secretary, in consultation with the Advisory 
     Council, determines to be appropriate.
       (3) Requirements.--In publishing the list of protocols and 
     description of qualifications under paragraph (1)(A), the 
     Secretary, in consultation with the Advisory Council, shall--
       (A) ensure that the requirements for covered entities to 
     certify under the Program include maintaining expertise in 
     all relevant information relating to market-based protocols, 
     as appropriate, with regard to--
       (i) quantification;
       (ii) verification;
       (iii) additionality;
       (iv) permanence;
       (v) reporting; and
       (vi) other expertise, as determined by the Secretary; and
       (B) ensure that a covered entity certified under the 
     Program is required to perform, and to demonstrate expertise, 
     as determined by the Secretary, in accordance with best 
     management practices for agricultural and forestry activities 
     that prevent, reduce, or mitigate greenhouse gas emissions or 
     sequester carbon.
       (4) Periodic review.--As appropriate, the Secretary shall 
     periodically review and revise the list of protocols and 
     description of certification qualifications published under 
     paragraph (1)(A) to include any additional

[[Page S7648]]

     protocols or qualifications that meet the requirements 
     described in subparagraphs (A) and (B) of paragraph (3).
       (e) Certification, Website, and Publication of Lists.--
       (1) Certification.--A covered entity may self-certify under 
     the Program by submitting to the Secretary, through a website 
     maintained by the Secretary--
       (A) a notification that the covered entity will--
       (i) maintain expertise in the protocols described in clause 
     (i) of subsection (d)(1)(A); and
       (ii) adhere to the qualifications described in clause (ii) 
     of that subsection; and
       (B) appropriate documentation demonstrating the expertise 
     described in subparagraph (A)(i) and qualifications described 
     in subparagraph (A)(ii).
       (2) Website and solicitation.--During the 180-day period 
     beginning on the date on which the Program is established, 
     the Secretary shall publish, through an existing website 
     maintained by the Secretary--
       (A) information describing how covered entities may self-
     certify under the Program in accordance with paragraph (1);
       (B) information describing how covered entities may obtain, 
     through private training programs or Department of 
     Agriculture training programs, the requisite expertise--
       (i) in the protocols described in clause (i) of subsection 
     (d)(1)(A); and
       (ii) to meet the qualifications described in clause (ii) of 
     that subsection;
       (C) the protocols and qualifications published by the 
     Secretary under subsection (d)(1)(A); and
       (D) instructions and suggestions to assist farmers, 
     ranchers, and private forest landowners in facilitating the 
     development of agriculture or forestry credits and accessing 
     voluntary environmental credit markets, including--
       (i) through working with covered entities certified under 
     the Program; and
       (ii) by providing information relating to programs, 
     registries, and protocols of programs and registries that 
     provide market-based participation opportunities for working 
     and conservation agricultural and forestry lands.
       (3) Publication.--During the 1-year period beginning on the 
     date on which the Program is established, the Secretary, in 
     consultation with the Advisory Council and following the 
     review by the Secretary for completeness and accuracy of the 
     certification notifications and documentation submitted under 
     paragraph (1), shall use an existing website maintained by 
     the Secretary to publish--
       (A) a list of covered entities that are certified under 
     paragraph (1) as technical assistance providers; and
       (B) a list of covered entities that are certified under 
     paragraph (1) as verifiers of the processes described in 
     protocols for voluntary environmental credit markets.
       (4) Updates.--Not less frequently than quarterly, the 
     Secretary, in consultation with the Advisory Council, shall 
     update the lists published under paragraph (3).
       (5) Submission.--The Secretary shall notify Congress of the 
     publication of the initial list under paragraph (3).
       (6) Requirement.--To remain certified under the Program, a 
     covered entity shall continue--
       (A) to maintain expertise in the protocols described in 
     subparagraph (A)(i) of subsection (d)(1); and
       (B) to adhere to the qualifications described in 
     subparagraph (A)(ii) of that subsection.
       (7) Auditing.--Not less frequently than annually, the 
     Secretary shall conduct audits of covered entities that are 
     certified under the Program to ensure compliance with the 
     requirements under subsection (d)(1)(B) through an audit 
     process that includes a representative sample of--
       (A) technical assistance providers; and
       (B) verifiers of the processes described in protocols for 
     voluntary environmental credit markets.
       (8) Revocation of certification.--
       (A) In general.--The Secretary may revoke the certification 
     of a covered entity under the Program in the event of--
       (i) noncompliance with the requirements under subsection 
     (d)(1)(B); or
       (ii) a violation of subsection (f)(2)(A).
       (B) Notification.--If the Secretary revokes a certification 
     of a covered entity under subparagraph (A), to the extent 
     practicable, the Secretary shall--
       (i) request from that covered entity contact information 
     for all farmers, ranchers, and private forest landowners to 
     which the covered entity provided technical assistance or the 
     verification of the processes described in protocols for 
     voluntary environmental credit markets; and
       (ii) notify those farmers, ranchers, and private forest 
     landowners of the revocation.
       (9) Fair treatment of farmers.--The Secretary shall ensure, 
     to the maximum extent practicable, that covered entities 
     certified under paragraph (1) act in good faith--
       (A) to provide realistic estimates of costs and revenues 
     relating to activities and verification of processes, as 
     applicable to the covered entity, as described in subsection 
     (d)(2); and
       (B) in the case of technical assistance providers, to 
     assist farmers, ranchers, and private forest landowners in 
     ensuring that the farmers, ranchers, and private forest 
     landowners receive fair distribution of revenues derived from 
     the sale of an agriculture or forestry credit.
       (10) Savings clause.--Nothing in this section authorizes 
     the Secretary to compel a farmer, rancher, or private forest 
     landowner to participate in a transaction or project 
     facilitated by a covered entity certified under paragraph 
     (1).
       (f) Enforcement.--
       (1) Prohibition on claims.--
       (A) In general.--A person that is not certified under the 
     Program in accordance with this section shall not knowingly 
     make a claim that the person is a ``USDA-certified technical 
     assistance provider or third-party verifier for voluntary 
     environmental credit markets'' or any substantially similar 
     claim.
       (B) Penalty.--Any person that violates subparagraph (A) 
     shall be--
       (i) subject to a civil penalty equal to such amount as the 
     Secretary determines to be appropriate, not to exceed $1,000 
     per violation; and
       (ii) ineligible to certify under the Program for the 5-year 
     period beginning on the date of the violation.
       (2) Submission of fraudulent information.--
       (A) In general.--A person, regardless of whether the person 
     is certified under the program, shall not submit fraudulent 
     information as part of a notification under subsection 
     (e)(1).
       (B) Penalty.--Any person that violates subparagraph (A) 
     shall be--
       (i) subject to a civil penalty equal to such amount as the 
     Secretary determines to be appropriate, not to exceed $1,000 
     per violation; and
       (ii) ineligible to certify under the Program for the 5-year 
     period beginning on the date of the violation.
       (g) Greenhouse Gas Technical Assistance Provider and Third-
     Party Verifier Certification Program Advisory Council.--
       (1) In general.--During the 90-day period beginning on the 
     date on which the Program is established, the Secretary shall 
     establish an advisory council, to be known as the 
     ``Greenhouse Gas Technical Assistance Provider and Third-
     Party Verifier Certification Program Advisory Council''.
       (2) Membership.--
       (A) In general.--The Advisory Council shall be composed of 
     members appointed by the Secretary in accordance with this 
     paragraph.
       (B) General representation.--The Advisory Council shall--
       (i) be broadly representative of the agriculture and 
     private forest sectors;
       (ii) include socially disadvantaged farmers and ranchers 
     and other historically underserved farmers, ranchers, or 
     private forest landowners; and
       (iii) be composed of not less than 51 percent farmers, 
     ranchers, or private forest landowners.
       (C) Members.--Members appointed under subparagraph (A) 
     shall include--
       (i) not more than 2 representatives of the Department of 
     Agriculture, as determined by the Secretary;
       (ii) not more than 1 representative of the Environmental 
     Protection Agency, as determined by the Administrator of the 
     Environmental Protection Agency;
       (iii) not more than 1 representative of the National 
     Institute of Standards and Technology;
       (iv) not fewer than 12 representatives of the agriculture 
     industry, appointed in a manner that is broadly 
     representative of the agriculture sector, including not fewer 
     than 6 active farmers and ranchers;
       (v) not fewer than 4 representatives of private forest 
     landowners or the forestry and forest products industry 
     appointed in a manner that is broadly representative of the 
     private forest sector;
       (vi) not more than 4 representatives of the relevant 
     scientific research community, including not fewer than 2 
     representatives from land-grant colleges and universities (as 
     defined in section 1404 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3103)), of which 1 shall be a representative of a 
     college or university eligible to receive funds under the Act 
     of August 30, 1890 (commonly known as the ``Second Morrill 
     Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), 
     including Tuskegee University;
       (vii) not more than 2 experts or professionals familiar 
     with voluntary environmental credit markets and the 
     verification requirements in those markets;
       (viii) not more than 3 members of nongovernmental or civil 
     society organizations with relevant expertise, of which not 
     fewer than 1 shall represent the interests of socially 
     disadvantaged groups;
       (ix) not more than 3 members of private sector entities or 
     organizations that participate in voluntary environmental 
     credit markets through which agriculture or forestry credits 
     are bought and sold; and
       (x) any other individual whom the Secretary determines to 
     be necessary to ensure that the Advisory Council is composed 
     of a diverse group of representatives of industry, academia, 
     independent researchers, and public and private entities.
       (D) Chair.--The Secretary shall designate a member of the 
     Advisory Council to serve as the Chair.
       (E) Terms.--
       (i) In general.--The term of a member of the Advisory 
     Council shall be 2 years, except that, of the members first 
     appointed--

       (I) not fewer than 8 members shall serve for a term of 1 
     year;

[[Page S7649]]

       (II) not fewer than 12 members shall serve for a term of 2 
     years; and
       (III) not fewer than 12 members shall serve for a term of 3 
     years.

       (ii) Additional terms.--After the initial term of a member 
     of the Advisory Council, including the members first 
     appointed, the member may serve not more than 4 additional 2-
     year terms.
       (3) Meetings.--
       (A) Frequency.--The Advisory Council shall meet not less 
     frequently than annually, at the call of the Chair.
       (B) Initial meeting.--During the 90-day period beginning on 
     the date on which the members are appointed under paragraph 
     (2)(A), the Advisory Council shall hold an initial meeting.
       (4) Duties.--The Advisory Council shall--
       (A) periodically review and recommend any appropriate 
     changes to--
       (i) the list of protocols and description of qualifications 
     published by the Secretary under subsection (d)(1)(A); and
       (ii) the requirements described in subsection (d)(1)(B);
       (B) make recommendations to the Secretary regarding the 
     best practices that should be included in the protocols, 
     description of qualifications, and requirements described in 
     subparagraph (A); and
       (C) advise the Secretary regarding--
       (i) the current methods used by voluntary environmental 
     credit markets to quantify and verify the prevention, 
     reduction, and mitigation of greenhouse gas emissions or 
     sequestration of carbon;
       (ii) additional considerations for certifying covered 
     entities under the Program;
       (iii) means to reduce barriers to entry in the business of 
     providing technical assistance or the verification of the 
     processes described in protocols for voluntary environmental 
     credit markets for covered entities, including by improving 
     technical assistance provided by the Secretary;
       (iv) means to reduce compliance and verification costs for 
     farmers, ranchers, and private forest landowners in entering 
     voluntary environmental credit markets, including through 
     mechanisms and processes to aggregate the value of activities 
     across land ownership;
       (v) issues relating to land and asset ownership in light of 
     evolving voluntary environmental credit markets; and
       (vi) additional means to reduce barriers to entry in 
     voluntary environmental credit markets for farmers, ranchers, 
     and private forest landowners, particularly for historically 
     underserved, socially disadvantaged, or limited resource 
     farmers, ranchers, or private forest landowners.
       (5) Compensation.--The members of the Advisory Council 
     shall serve without compensation.
       (6) Conflict of interest.--The Secretary shall prohibit any 
     member of the Advisory Council from--
       (A) engaging in any determinations or activities of the 
     Advisory Council that may result in the favoring of, or a 
     direct and predictable effect on--
       (i) the member or a family member, as determined by the 
     Secretary;
       (ii) stock owned by the member or a family member, as 
     determined by the Secretary; or
       (iii) the employer of, or a business owned in whole or in 
     part by, the member or a family member, as determined by the 
     Secretary; or
       (B) providing advice or recommendations regarding, or 
     otherwise participating in, matters of the Advisory Council 
     that--
       (i) constitute a conflict of interest under section 208 of 
     title 18, United States Code; or
       (ii) may call into question the integrity of the Advisory 
     Council, the Program, or the technical assistance or 
     verification activities described under subsection (d)(2).
       (7) FACA applicability.--The Advisory Council shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.), except that section 14(a)(2) of that Act shall not 
     apply.
       (h) Assessment.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator of the Environmental Protection Agency, 
     shall--
       (A) conduct an assessment, including by incorporating 
     information from existing publications and reports of the 
     Department of Agriculture and other entities with relevant 
     expertise, regarding--
       (i) the number and categories of non-Federal actors in the 
     nonprofit and for-profit sectors involved in buying, selling, 
     and trading agriculture or forestry credits in voluntary 
     environmental credit markets;
       (ii) the estimated overall domestic market demand for 
     agriculture or forestry credits at the end of the preceding 
     4-calendar year period, and historically, in voluntary 
     environmental credit markets;
       (iii) the total number of agriculture or forestry credits 
     (measured in metric tons of carbon dioxide equivalent) that 
     were estimated to be in development, generated, or sold in 
     market transactions during the preceding 4-calendar year 
     period, and historically, in voluntary environmental credit 
     markets;
       (iv) the estimated supply and demand of metric tons of 
     carbon dioxide equivalent of offsets in the global 
     marketplace for the next 4 years;
       (v) the barriers to entry due to compliance and 
     verification costs described in subsection (g)(4)(C)(iv);
       (vi) the state of monitoring and measurement technologies 
     needed to quantify long-term carbon sequestration in soils 
     and from other activities to prevent, reduce, or mitigate 
     greenhouse gas emissions in the agriculture and forestry 
     sectors;
       (vii) means to reduce barriers to entry into voluntary 
     environmental credit markets for small, beginning, and 
     socially disadvantaged farmers, ranchers, and private forest 
     landowners and the extent to which existing protocols in 
     voluntary environmental credit markets allow for aggregation 
     of projects among farmers, ranchers, and private forest 
     landowners;
       (viii) means to leverage existing Department of Agriculture 
     programs and other Federal programs that could improve, lower 
     the costs of, and enhance the deployment of monitoring and 
     measurement technologies described in clause (vi);
       (ix) the potential impact of Department of Agriculture 
     activities on supply and demand of agriculture or forestry 
     credits;
       (x) the potential role of the Department of Agriculture in 
     encouraging innovation in voluntary environmental credit 
     markets;
       (xi) the extent to which the existing regimes for 
     generating and selling agriculture or forestry credits, as 
     the regimes exist at the end of the preceding 4-calendar year 
     period, and historically, and existing voluntary 
     environmental credit markets, may be impeded or constricted, 
     or achieve greater scale and reach, if the Department of 
     Agriculture were involved, including by considering the role 
     of the Department of Agriculture in reducing the barriers to 
     entry identified under clause (v), including by educating 
     stakeholders about voluntary environmental credit markets;
       (xii) the extent to which existing protocols in voluntary 
     environmental credit markets, including verification, 
     additionality, permanence, and reporting, adequately take 
     into consideration and account for factors encountered by the 
     agriculture and private forest sectors in preventing, 
     reducing, or mitigating greenhouse gases or sequestering 
     carbon through agriculture and forestry practices, 
     considering variances across regions, topography, soil types, 
     crop or species varieties, and business models;
       (xiii) the extent to which existing protocols in voluntary 
     environmental credit markets consider options to ensure the 
     continued valuation, through discounting or other means, of 
     agriculture and forestry credits in the case of the practices 
     underlying those credits being disrupted due to unavoidable 
     events, including production challenges and natural 
     disasters; and
       (xiv) opportunities for other voluntary markets outside of 
     voluntary environmental credit markets to foster the trading, 
     buying, or selling of credits that are derived from 
     activities that provide other ecosystem service benefits, 
     including activities that improve water quality, water 
     quantity, wildlife habitat enhancement, and other ecosystem 
     services, as the Secretary determines appropriate;
       (B) publish the assessment; and
       (C) submit the assessment to the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate and the Committee on 
     Agriculture of the House of Representatives.
       (2) Quadriennial assessment.--The Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency and the Advisory Council, shall conduct the 
     assessment described in paragraph (1)(A) and publish and 
     submit the assessment in accordance with subparagraphs (B) 
     and (C) of paragraph (1) every 4 years after the publication 
     and submission of the first assessment under subparagraphs 
     (B) and (C) of paragraph (1).
       (i) Report.--Not later than 2 years after the date on which 
     the Program is established, and every 2 years thereafter, the 
     Secretary shall publish and submit to the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate and the 
     Committee on Agriculture of the House of Representatives a 
     report describing, for the period covered by the report--
       (1) the number of covered entities that--
       (A) were registered under the Program;
       (B) were new registrants under the Program, if applicable; 
     and
       (C) did not renew their registration under the Program, if 
     applicable;
       (2) each covered entity the certification of which was 
     revoked by the Secretary under subsection (e)(8);
       (3) a review of the outcomes of the Program, including--
       (A) the ability of farmers, ranchers, and private forest 
     landowners, including small, beginning, and socially 
     disadvantaged farmers, ranchers, and private forest 
     landowners, to develop agriculture or forestry credits 
     through covered entities certified under the Program;
       (B) methods to improve the ability of farmers, ranchers, 
     and private forest landowners to overcome barriers to entry 
     to voluntary environmental credit markets; and
       (C) methods to further facilitate participation of farmers, 
     ranchers, and private forest landowners in voluntary 
     environmental credit markets; and
       (4) any recommendations for improvements to the Program.
       (j) Confidentiality.--
       (1) Prohibition.--
       (A) In general.--Except as provided in paragraph (2), the 
     Secretary, any other officer or employee of the Department of 
     Agriculture or any agency of the Department of Agriculture, 
     or any other person may not disclose to the public the 
     information held

[[Page S7650]]

     by the Secretary described in subparagraph (B).
       (B) Information.--
       (i) In general.--Except as provided in clause (ii), the 
     information prohibited from disclosure under subparagraph (A) 
     is--

       (I) information collected by the Secretary or published by 
     the Secretary under subsection (h) or (i);
       (II) personally identifiable information, including in a 
     contract or service agreement, of a farmer, rancher, or 
     private forest landowner, obtained by the Secretary under 
     paragraph (7) or (8)(B)(i) of subsection (e); and
       (III) confidential business information in a contract or 
     service agreement of a farmer, rancher, or private forest 
     landowner obtained by the Secretary under paragraph (7) or 
     (8)(B)(i) of subsection (e).

       (ii) Aggregated release.--Information described in clause 
     (i) may be released to the public if the information has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person who supplied or is 
     the subject of the particular information.
       (2) Exception.--Paragraph (1) shall not prohibit the 
     disclosure--
       (A) of the name of any covered entity published and 
     submitted by the Secretary under subsection (i)(2); or
       (B) by an officer or employee of the Federal Government of 
     information described in paragraph (1)(B) as otherwise 
     directed by the Secretary or the Attorney General for 
     enforcement purposes.
       (k) Funding.--
       (1) Authorization of appropriations.--In addition to the 
     amount made available under paragraph (2), there is 
     authorized to be appropriated to carry out this section 
     $1,000,000 for each of fiscal years 2022 through 2026.
       (2) Direct funding.--
       (A) Rescission.--There is rescinded $4,100,000 of the 
     unobligated balance of amounts made available by section 1003 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
       (B) Direct funding.--If sufficient unobligated amounts made 
     available by section 1003 of the American Rescue Plan Act of 
     2021 (Public Law 117-2) are available on the date of 
     enactment of this Act to execute the entire rescission 
     described in subparagraph (A), then on the day after the 
     execution of the entire rescission, there is appropriated to 
     the Secretary, out of amounts in the Treasury not otherwise 
     appropriated, $4,100,000 to carry out this section.
                                 ______
                                 
  SA 4185. Mr. PORTMAN (for himself, Mr. Coons, and Mr. Burr) 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. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL 
                   REEF CONSERVATION ACT OF 1998.

       Section 806(d) of the Tropical Forest and Coral Reef 
     Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by 
     adding at the end the following new paragraphs:
       ``(9) $20,000,000 for fiscal year 2022.
       ``(10) $20,000,000 for fiscal year 2023.
       ``(11) $20,000,000 for fiscal year 2024.
       ``(12) $20,000,000 for fiscal year 2025.
       ``(13) $20,000,000 for fiscal year 2026.''.
                                 ______
                                 
  SA 4186. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Prohibition on Agency Operation or Procurement.--Except 
     as provided in subsections (b), (c), and (d)(3), the 
     Secretary of Defense and the Secretary of Homeland Security 
     may not operate, provide financial assistance for, or enter 
     into or renew a contract for the procurement of--
       (1) an unmanned aircraft system (referred to in this 
     section as ``UAS'') that--
       (A) is manufactured in a covered foreign country or by a 
     corporation domiciled in a covered foreign country;
       (B) uses flight controllers, radios, data transmission 
     devices, cameras, or gimbals manufactured in a covered 
     foreign country or by a corporation domiciled in a covered 
     foreign country;
       (C) uses a ground control system or operating software 
     developed in a covered foreign country or by a corporation 
     domiciled in a covered foreign country; or
       (D) uses network connectivity or data storage located in a 
     covered foreign country or administered by a corporation 
     domiciled in a covered foreign country;
       (2) a software operating system associated with a UAS that 
     uses network connectivity or data storage located in a 
     covered foreign country or administered by a corporation 
     domiciled in a covered foreign country; or
       (3) a system for the detection or identification of a UAS, 
     which system is manufactured in a covered foreign country or 
     by a corporation domiciled in a covered foreign country.
       (b) Waiver.--
       (1) In general.--The Secretary of Defense or the Secretary 
     of Homeland Security may waive the prohibition under 
     subsection (a) if the Secretary submits a written 
     certification described in paragraph (2) to--
       (A) in the case of the Secretary of Defense, the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives; and
       (B) in the case of the Secretary of Homeland Security, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
       (2) Contents.--A certification described in this paragraph 
     shall certify that a UAS, a software operating system 
     associated with a UAS, or a system for the detection or 
     identification of a UAS described in any of subparagraphs (A) 
     through (C) of subsection (a)(1) that is the subject of a 
     waiver under paragraph (1) is required--
       (A) in the national interest of the United States;
       (B) for counter-UAS surrogate research, testing, 
     development, evaluation, or training; or
       (C) for intelligence, electronic warfare, or information 
     warfare operations, testing, analysis, and or training.
       (3) Notice.--The certification described in paragraph (1) 
     shall be submitted to the Committees specified in such 
     paragraph by not later than the date that is 14 days after 
     the date on which a waiver is issued under such paragraph.
       (c) Federal Aviation Administration Center of Excellence 
     for Unmanned Aircraft Systems Exemption.--The restriction 
     under subsection (a) shall not apply with respect to the 
     operation or procurement of a UAS which the Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security, determines is for the sole purposes of 
     research, evaluation, training, testing, or analysis for the 
     Federal Aviation Administration's Alliance for System Safety 
     of UAS through Research Excellence (ASSURE) Center of 
     Excellence (COE) for Unmanned Aircraft Systems.
       (d) Effective Dates.--
       (1) In general.--This Act shall take effect on the date 
     that is 120 days after the date of the enactment of this Act.
       (2) Waiver process.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Homeland Security shall each establish a 
     process by which the head of an office or component of the 
     Department of Defense or Department of Homeland Security, 
     respectively, may request a waiver under subsection (b).
       (3) Exception.--Notwithstanding the prohibition under 
     subsection (a), the head of an office or component of the 
     Department of Defense or Department of Homeland Security may 
     continue to operate a UAS, a software operating system 
     associated with a UAS, or a system for the detection or 
     identification of a UAS described in any of subparagraphs (1) 
     through (3) of subsection (a) that was in the inventory of 
     such office or component on the day before the effective date 
     of this Act until, the later of--
       (A) the date on which the Secretary of Defense or Secretary 
     of Homeland Security, as the case may be
       (i) grants a waiver relating thereto under subsection (b); 
     or
       (ii) declines to grant such a waiver, or
       (B) 1 year after the date of the enactment of this Act.
       (e) Drone Origin Security Report to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of Homeland Security shall each submit to the 
     congressional committees described in paragraph (2) a 
     terrorism threat assessment and report that contains 
     information relating to the following:
       (A) The extent to which the Department of Defense or 
     Department of Homeland Security, as the case may be, has 
     previously analyzed the threat that a UAS, a software 
     operating system associated with a UAS, or a system for the 
     detection or identification of a UAS from a covered foreign 
     country operating in the United States poses, and the results 
     of such analysis.
       (B) The number of UAS, software operating systems 
     associated with a UAS, or systems for the detection or 
     identification of a UAS from a covered foreign country in 
     operation by the Department of Defense or Department of 
     Homeland Security, as the case may be, including an 
     identification of the component or office of the Department 
     at issue, as of such date.
       (C) The extent to which information gathered by such a UAS, 
     a software operating system associated with a UAS, or a 
     system for the detection or identification of a UAS

[[Page S7651]]

     from a covered foreign country could be employed to harm the 
     national or economic security of the United States.
       (2) Committees described.--The congressional committees 
     described in this paragraph are--
       (A) in the case of the Secretary of Defense, the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives; and
       (B) in the case of the Secretary of Homeland Security, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
       (f) Definitions.--In this section:
       (1) Covered foreign country.--The term ``covered foreign 
     country'' means a country that--
       (A) the intelligence community has identified as a foreign 
     adversary in its most recent Annual Threat Assessment; or
       (B) the Secretary of Homeland Security, in coordination 
     with the Director of National Intelligence, has identified as 
     a foreign adversary that is not included in such Annual 
     Threat Assessment.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (3) Unmanned aircraft system; uas.--The terms ``unmanned 
     aircraft system'' and ``UAS'' have the meaning given the term 
     ``unmanned aircraft system'' in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 44802 note).
                                 ______
                                 
  SA 4187. Mrs. MURRAY (for herself and Mr. Manchin) submitted an 
amendment intended to be proposed by her to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXXI, add the following:

                   Subtitle F--Toxic Exposure Safety

     SEC. 3161. SHORT TITLE.

       This subtitle may be cited as the ``Toxic Exposure Safety 
     Act of 2021''.

     SEC. 3162. PROVIDING INFORMATION REGARDING DEPARTMENT OF 
                   ENERGY FACILITIES.

       Subtitle E of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is 
     amended by inserting after section 3681 the following:

     ``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE 
                   MATRICES.

       ``(a) Definition.--In this section, the term `site exposure 
     matrices' means an exposure assessment of a Department of 
     Energy facility that identifies the toxic substances or 
     processes that were used in each building or process of the 
     facility, including the trade name (if any) of the substance.
       ``(b) In General.--Not later than 180 days after the date 
     of enactment of the Toxic Exposure Safety Act of 2021, the 
     Secretary of Labor shall, in coordination with the Secretary 
     of Energy, create or update site exposure matrices for each 
     Department of Energy facility based on the records, files, 
     and other data provided by the Secretary of Energy and such 
     other information as is available, including information 
     available from the former worker medical screening programs 
     of the Department of Energy.
       ``(c) Periodic Update.--Beginning 90 days after the initial 
     creation or update described in subsection (b), and each 90 
     days thereafter, the Secretary shall update the site exposure 
     matrices with all information available as of such time from 
     the Secretary of Energy.
       ``(d) Information.--The Secretary of Energy shall furnish 
     to the Secretary of Labor any information that the Secretary 
     of Labor finds necessary or useful for the production of the 
     site exposure matrices under this section, including records 
     from the Department of Energy former worker medical screening 
     program.
       ``(e) Public Availability.--The Secretary of Labor shall 
     make available to the public, on the primary website of the 
     Department of Labor--
       ``(1) the site exposure matrices, as periodically updated 
     under subsections (b) and (c);
       ``(2) each site profile prepared under section 3633(a);
       ``(3) any other database used by the Secretary of Labor to 
     evaluate claims for compensation under this title; and
       ``(4) statistical data, in the aggregate and disaggregated 
     by each Department of Energy facility, regarding--
       ``(A) the number of claims filed under this subtitle;
       ``(B) the types of illnesses claimed;
       ``(C) the number of claims filed for each type of illness 
     and, for each claim, whether the claim was approved or 
     denied;
       ``(D) the number of claimants receiving compensation; and
       ``(E) the length of time required to process each claim, as 
     measured from the date on which the claim is filed to the 
     final disposition of the claim.
       ``(f) Funding.--There is authorized and hereby appropriated 
     to the Secretary of Energy, for fiscal year 2022 and each 
     succeeding year, such sums as may be necessary to support the 
     Secretary of Labor in creating or updating the site exposure 
     matrices.''.

     SEC. 3163. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE 
                   EEOICPA.

       (a) Providing Information and Outreach.--Subtitle A of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7384d et seq.) is amended--
       (1) by redesignating section 3614 as section 3616; and
       (2) by inserting after section 3613 the following:

     ``SEC. 3614. INFORMATION AND OUTREACH.

       ``(a) Establishment of Toll-free Information Phone 
     Number.--By not later than January 1, 2022, the Secretary of 
     Labor shall establish a toll-free phone number that current 
     or former employees of the Department of Energy, or current 
     or former Department of Energy contractor employees, may use 
     in order to receive information regarding--
       ``(1) the compensation program under subtitle B or E;
       ``(2) information regarding the process of submitting a 
     claim under either compensation program;
       ``(3) assistance in completing the occupational health 
     questionnaire required as part of a claim under subtitle B or 
     E;
       ``(4) the next steps to take if a claim under subtitle B or 
     E is accepted or denied; and
       ``(5) such other information as the Secretary determines 
     necessary to further the purposes of this title.
       ``(b) Establishment of Resource and Advocacy Centers.--
       ``(1) In general.--By not later than January 1, 2024, the 
     Secretary of Energy, in coordination with the Secretary of 
     Labor, shall establish a resource and advocacy center at each 
     Department of Energy facility where cleanup operations are 
     being carried out, or have been carried out, under the 
     environmental management program of the Department of Energy. 
     Each such resource and advocacy center shall assist current 
     or former Department of Energy employees and current or 
     former Department of Energy contractor employees, by enabling 
     the employees and contractor employees to--
       ``(A) receive information regarding all related programs 
     available to them relating to potential claims under this 
     title, including--
       ``(i) programs under subtitles B and E; and
       ``(ii) the former worker medical screening program of the 
     Department of Energy; and
       ``(B) navigate all such related programs.
       ``(2) Coordination.--The Secretary of Energy shall 
     integrate other programs available to current and former 
     employees, and current or former Department of Energy 
     contractor employees, which are related to the purposes of 
     this title, with the resource and advocacy centers 
     established under paragraph (1), as appropriate.
       ``(c) Information.--The Secretary of Labor shall develop 
     and distribute, through the resource and advocacy centers 
     established under subsection (b) and other means, information 
     (which may include responses to frequently asked questions) 
     for current or former employees or current or former 
     Department of Energy contractor employees about the programs 
     under subtitles B and E and the claims process under such 
     programs.
       ``(d) Copy of Employee's Claims Records.--
       ``(1) In general.--The Secretary of Labor shall, upon the 
     request of a current or former employee or Department of 
     Energy contractor employee, provide the employee with a 
     complete copy of all records or other materials held by the 
     Department of Labor relating to the employee's claim under 
     subtitle B or E.
       ``(2) Choice of format.--The Secretary of Labor shall 
     provide the copy of records described in paragraph (1) to an 
     employee in electronic or paper form, as selected by the 
     employee.
       ``(e) Contact of Employees by Industrial Hygienists.--The 
     Secretary of Labor shall allow industrial hygienists to 
     contact and interview current or former employees or 
     Department of Energy contractor employees regarding the 
     employee's claim under subtitle B or E.''.
       (b) Extending Appeal Period.--Section 3677(a) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385s-6(a)) is amended by striking ``60 
     days'' and inserting ``180 days''.
       (c) Funding.--Section 3684 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-13) is amended--
       (1) by striking ``There is authorized'' and inserting the 
     following:
       ``(a) In General.--There is authorized'';
       (2) by inserting before the period at the end the 
     following: ``, including the amounts necessary to carry out 
     the requirements of section 3681A''; and
       (3) by adding at the end the following:
       ``(b) Administrative Costs for Department of Energy.--There 
     is authorized and hereby appropriated to the Secretary of 
     Energy for fiscal year 2022 and each succeeding year such 
     sums as may be necessary to support the Secretary in carrying 
     out the requirements of this title, including section 
     3681A.''.
       (d) Advisory Board on Toxic Substances and Worker Health.--
     Section 3687 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(F), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and

[[Page S7652]]

       (C) by adding at the end the following:
       ``(3) develop recommendations for the Secretary of Health 
     and Human Services regarding whether there is a class of 
     Department of Energy employees, Department of Energy 
     contractor employees, or other employees at any Department of 
     Energy facility who were at least as likely as not exposed to 
     toxic substances at that facility but for whom it is not 
     feasible to estimate with sufficient accuracy the dose they 
     received; and
       ``(4) review all existing, as of the date of the review, 
     rules and guidelines issued by the Secretary regarding 
     presumption of causation and provide the Secretary with 
     recommendations for new rules and guidelines regarding 
     presumption of causation.'';
       (2) in subsection (c)(3), by inserting ``or the Board'' 
     after ``The Secretary'';
       (3) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (4) by inserting after subsection (g) the following:
       ``(h) Required Responses to Board Recommendations.--Not 
     later than 90 days after the date on which the Secretary of 
     Labor and the Secretary of Health and Human Services receives 
     recommendations in accordance with paragraph (1), (3), or (4) 
     of subsection (b), such Secretary shall submit formal 
     responses to each recommendation to the Board and 
     Congress.''.

     SEC. 3164. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF 
                   TOXIC EXPOSURES.

       (a) Definitions.--In this section--
       (1) the term ``Department of Energy facility'' has the 
     meaning given the term in section 3621 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7384l);
       (2) the term ``institution of higher education'' has the 
     meaning given such term in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001); and
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (b) Establishment.--The Secretary, acting through the 
     Director of the National Institute of Environmental Health 
     Sciences and in collaboration with the Director of the 
     Centers for Disease Control and Prevention, shall conduct or 
     support research on the epidemiological impacts of exposures 
     to toxic substances at Department of Energy facilities.
       (c) Use of Funds.--Research under subsection (b) may 
     include research on the epidemiological, clinical, or health 
     impacts on individuals who were exposed to toxic substances 
     in or near the tank or other storage farms and other relevant 
     Department of Energy facilities through their work at such 
     sites.
       (d) Eligibility and Application.--Any institution of higher 
     education or the National Academy of Sciences may apply for 
     funding under this section by submitting to the Secretary an 
     application at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may require.
       (e) Research Coordination.--The Secretary shall coordinate 
     activities under this section with similar activities 
     conducted by the Department of Health and Human Services to 
     the extent that other agencies have responsibilities that are 
     related to the study of epidemiological, clinical, or health 
     impacts of exposures to toxic substances.
       (f) Health Studies Report to Secretary.--Not later than 1 
     year after the end of the funding period for research under 
     this section, the funding recipient shall prepare and submit 
     to the Secretary a final report that--
       (1) summarizes the findings of the research;
       (2) includes recommendations for any additional studies;
       (3) describes any classes of employees that, based on the 
     results of the report, could warrant the establishment of a 
     Special Exposure Cohort under the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384 et seq.) for toxic substances exposures; and
       (4) describes any illnesses to be included as covered 
     illnesses under such Act (42 U.S.C. 7384 et seq.).
       (g) Report to Congress.--
       (1) In general.--Not later than 120 days after the date on 
     which the reports under subsection (f) are due, the Secretary 
     shall--
       (A) identify a list of cancers and other illnesses 
     associated with toxic substances that pose, or posed, a 
     hazard in the work environment at any Department of Energy 
     facility; and
       (B) prepare and submit to the relevant committees of 
     Congress a report--
       (i) summarizing the findings from the reports required 
     under subsection (f);
       (ii) identifying any new illnesses that, as a result of the 
     study, will be included as covered illnesses, pursuant to 
     subsection (f)(4) and section 3671(2) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s(2)); and
       (iii) including the Secretary's recommendations for 
     additional health studies relating to toxic substances, if 
     the Secretary determines it necessary.
       (2) Relevant committees of congress defined.--In this 
     subsection, the term ``relevant committees of Congress'' 
     means--
       (A) the Committee on Armed Services, Committee on 
     Appropriations, Committee on Energy and Natural Resources, 
     and Committee on Health, Education, Labor, and Pensions of 
     the Senate; and
       (B) the Committee on Armed Services, Committee on 
     Appropriations, Committee on Energy and Commerce, and 
     Committee on Education and Labor of the House of 
     Representatives.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2022 through 2026.

     SEC. 3165. NATIONAL ACADEMY OF SCIENCES REVIEW.

       Subtitle A of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.), 
     as amended by section 3163, is further amended by inserting 
     after section 3614 the following:

     ``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW.

       ``(a) Purpose.--The purpose of this section is to enable 
     the National Academy of Sciences, a non-Federal entity with 
     appropriate expertise, to review and evaluate the available 
     scientific evidence regarding associations between diseases 
     and exposure to toxic substances found at Department of 
     Energy cleanup sites.
       ``(b) Definitions.--In this section:
       ``(1) Department of energy cleanup site.--The term 
     `Department of Energy cleanup site' means a Department of 
     Energy facility where cleanup operations are being carried 
     out, or have been carried out, under the environmental 
     management program of the Department of Energy.
       ``(2) Health studies report.--The term `health studies 
     report' means the report submitted under section 3164(f) of 
     the Toxic Exposure Safety Act of 2021.
       ``(c) Agreement.--Not later than 60 days after the issuance 
     of the health studies report, the Secretary of Health and 
     Human Services shall enter into an agreement with the 
     National Academy of Sciences to carry out the requirements of 
     this section.
       ``(d) Review of Scientific and Medical Evidence.--
       ``(1) In general.--Under the agreement described in 
     subsection (c), the National Academy of Sciences shall, for 
     the period of the agreement--
       ``(A) for each area recommended for additional study under 
     the health studies report under section 3164(f)(2) of the 
     Toxic Exposure Safety Act of 2021, review and summarize the 
     scientific evidence relating to the area, including--
       ``(i) studies by the Department of Energy and Department of 
     Labor; and
       ``(ii) any other available and relevant scientific studies, 
     to the extent that such studies are relevant to the 
     occupational exposures that have occurred at Department of 
     Energy cleanup sites; and
       ``(B) review and summarize the scientific and medical 
     evidence concerning the association between exposure to toxic 
     substances found at Department of Energy cleanup sites and 
     resultant diseases.
       ``(2) Scientific determinations concerning diseases.--In 
     conducting each review of scientific evidence under 
     subparagraphs (A) and (B) of paragraph (1), the National 
     Academy of Sciences shall--
       ``(A) assess the strength of such evidence;
       ``(B) assess whether a statistical association between 
     exposure to a toxic substance and a disease exists, taking 
     into account the strength of the scientific evidence and the 
     appropriateness of the statistical and epidemiological 
     methods used to detect an association;
       ``(C) assess the increased risk of disease among those 
     exposed to the toxic substance during service during the 
     production and cleanup eras of the Department of Energy 
     cleanup sites;
       ``(D) survey the impact to health of the toxic substance, 
     focusing on hematologic, renal, urologic, hepatic, 
     gastrointestinal, neurologic, dermatologic, respiratory, 
     endocrine, ocular, ear, nasal, and oropharyngeal diseases, 
     including dementia, leukemia, chemical sensitivities, and 
     chronic obstructive pulmonary disease; and
       ``(E) determine whether a plausible biological mechanism or 
     other evidence of a causal relationship exists between 
     exposure to the toxic substance and disease.
       ``(e) Additional Scientific Studies.--If the National 
     Academy of Sciences determines, in the course of conducting 
     the studies under subsection (d), that additional studies are 
     needed to resolve areas of continuing scientific uncertainty 
     relating to toxic exposure at Department of Energy cleanup 
     sites, the National Academy of Sciences shall include, in the 
     next report submitted under subsection (f), recommendations 
     for areas of additional study, consisting of--
       ``(1) a list of diseases and toxins that require further 
     evaluation and study;
       ``(2) a review the current information available, as of the 
     date of the report, relating to such diseases and toxins;
       ``(3) the value of the information that would result from 
     the additional studies; and
       ``(4) the cost and feasibility of carrying out additional 
     studies.
       ``(f) Reports.--
       ``(1) In general.--By not later than 18 months after the 
     date of the agreement under subsection (c), and every 2 years 
     thereafter, the National Academy of Sciences shall prepare 
     and submit a report to--
       ``(A) the Secretary;
       ``(B) the Committee on Health, Education, Labor, and 
     Pensions and the Committee on Energy and Natural Resources of 
     the Senate; and
       ``(C) the Committee on Natural Resources, the Committee on 
     Education and Labor, and

[[Page S7653]]

     the Committee on Energy and Commerce of the House of 
     Representatives.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include, for the 18-month or 2-year period covered by 
     the report--
       ``(A) a description of--
       ``(i) the reviews and studies conducted under this section;
       ``(ii) the determinations and conclusions of the National 
     Academy of Sciences with respect to such reviews and studies; 
     and
       ``(iii) the scientific evidence and reasoning that led to 
     such conclusions;
       ``(B) the recommendations for further areas of study made 
     under subsection (e) for the reporting period;
       ``(C) a description of any classes of employees that, based 
     on the results of the reviews and studies, could qualify as a 
     Special Exposure Cohort; and
       ``(D) the identification of any illness that the National 
     Academy of Sciences has determined, as a result of the 
     reviews and studies, should be a covered illness.
       ``(g) Limitation on Authority.--The authority to enter into 
     agreements under this section shall be effective for a fiscal 
     year to the extent that appropriations are available.
       ``(h) Sunset.--This section shall cease to be effective 10 
     years after the last day of the fiscal year in which the 
     National Academy of Sciences transmits to the Secretary the 
     first report under subsection (f).''.

     SEC. 3166. CONFORMING AMENDMENTS.

       The Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384 et seq.) is amended--
       (1) in the table of contents--
       (A) by redesignating the item relating to section 3614 as 
     the item relating to section 3616;
       (B) by inserting after the item relating to section 3613 
     the following:

``Sec. 3614. Information and outreach.
``Sec. 3615. National Academy of Sciences review.'';
     and
       (C) by inserting after the item relating to section 3681 
     the following:

``Sec. 3681A. Completion and updates of site exposure matrices.'';
     and
       (2) in each of subsections (b)(1) and (c) of section 3612, 
     by striking ``3614(b)'' and inserting ``3616(b)''.
                                 ______
                                 
  SA 4188. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___ SCHOOL SAFETY.

       (a) Short Title.--This section may be cited as the ``Luke 
     and Alex School Safety Act of 2021''.
       (b) Federal Clearinghouse on School Safety Best 
     Practices.--
       (1) In general.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     inserting after section 2215 the following:

     ``SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST 
                   PRACTICES.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, in coordination with the 
     Secretary of Education, the Attorney General, and the 
     Secretary of Health and Human Services, shall establish a 
     Federal Clearinghouse on School Safety Best Practices (in 
     this section referred to as the `Clearinghouse') within the 
     Department.
       ``(2) Purpose.--The Clearinghouse shall be the primary 
     resource of the Federal Government to identify and publish 
     online through SchoolSafety.gov, or any successor website, 
     the best practices and recommendations for school safety for 
     use by State and local educational agencies, institutions of 
     higher education, State and local law enforcement agencies, 
     health professionals, and the general public.
       ``(3) Personnel.--
       ``(A) Assignments.--The Clearinghouse shall be assigned 
     such personnel and resources as the Secretary considers 
     appropriate to carry out this section.
       ``(B) Detailees.--The Secretary of Education, the Attorney 
     General, and the Secretary of Health and Human Services may 
     detail personnel to the Clearinghouse.
       ``(4) Exemptions.--
       ``(A) Paperwork reduction act.--Chapter 35 of title 44, 
     United States Code (commonly known as the `Paperwork 
     Reduction Act') shall not apply to any rulemaking or 
     information collection required under this section.
       ``(B) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply for the 
     purposes of carrying out this section.
       ``(b) Clearinghouse Contents.--
       ``(1) Consultation.--In identifying the best practices and 
     recommendations for the Clearinghouse, the Secretary may 
     consult with appropriate Federal, State, local, Tribal, 
     private sector, and nongovernmental organizations.
       ``(2) Criteria for best practices and recommendations.--The 
     best practices and recommendations of the Clearinghouse 
     shall, at a minimum--
       ``(A) involve comprehensive school safety measures, 
     including threat prevention, preparedness, protection, 
     mitigation, incident response, and recovery to improve the 
     safety posture of a school upon implementation;
       ``(B) include any evidence or research rationale supporting 
     the determination of the Clearinghouse that the best practice 
     or recommendation under subparagraph (A) has been shown to 
     have a significant effect on improving the health, safety, 
     and welfare of persons in school settings, including--
       ``(i) relevant research that is evidence-based, as defined 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801), supporting the best practice or 
     recommendation;
       ``(ii) findings and data from previous Federal or State 
     commissions recommending improvements to the safety posture 
     of a school; or
       ``(iii) other supportive evidence or findings relied upon 
     by the Clearinghouse in determining best practices and 
     recommendations to improve the safety posture of a school 
     upon implementation; and
       ``(C) include information on Federal grant programs for 
     which implementation of each best practice or recommendation 
     is an eligible use for the program.
       ``(3) Past commission recommendations.--To the greatest 
     extent practicable, the Clearinghouse shall present, as 
     appropriate, Federal, State, local, Tribal, private sector, 
     and nongovernmental organization issued best practices and 
     recommendations and identify any best practice or 
     recommendation of the Clearinghouse that was previously 
     issued by any such organization or commission.
       ``(c) Assistance and Training.--The Secretary may produce 
     and publish materials on the Clearinghouse to assist and 
     train educational agencies and law enforcement agencies on 
     the implementation of the best practices and recommendations.
       ``(d) Continuous Improvement.--The Secretary shall--
       ``(1) collect for the purpose of continuous improvement of 
     the Clearinghouse--
       ``(A) Clearinghouse data analytics;
       ``(B) user feedback on the implementation of resources, 
     best practices, and recommendations identified by the 
     Clearinghouse; and
       ``(C) any evaluations conducted on implementation of the 
     best practices and recommendations of the Clearinghouse; and
       ``(2) in coordination with the Secretary of Education, the 
     Secretary of Health and Human Services, and the Attorney 
     General--
       ``(A) regularly assess and identify Clearinghouse best 
     practices and recommendations for which there are no 
     resources available through Federal Government programs for 
     implementation; and
       ``(B) establish an external advisory board, which shall be 
     comprised of appropriate State, local, Tribal, private 
     sector, and nongovernmental organizations, including 
     organizations representing parents of elementary and 
     secondary school students, to--
       ``(i) provide feedback on the implementation of best 
     practices and recommendations of the Clearinghouse; and
       ``(ii) propose additional recommendations for best 
     practices for inclusion in the Clearinghouse.
       ``(e) Parental Assistance.--The Clearinghouse shall produce 
     materials to assist parents and legal guardians of students 
     with identifying relevant Clearinghouse resources related to 
     supporting the implementation of Clearinghouse best practices 
     and recommendations.''.
       (2) Technical amendments.--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 2215 the following:

``Sec. 2216. Federal Clearinghouse on School Safety Best Practices.''.
       (c) Notification of Clearinghouse.--
       (1) Notification by the secretary of education.--The 
     Secretary of Education shall provide written notification of 
     the publication of the Federal Clearinghouse on School Safety 
     Best Practices (referred to in this section as the 
     ``Clearinghouse''), as required to be established under 
     section 2216 of the Homeland Security Act of 2002, as added 
     by subsection (b) of this section, to--
       (A) every State and local educational agency; and
       (B) other Department of Education partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Education.
       (2) Notification by the secretary of homeland security.--
     The Secretary of Homeland Security shall provide written 
     notification of the publication of the Clearinghouse, as 
     required to be established under section 2216 of the Homeland 
     Security Act of 2002, as added by subsection (b) of this 
     section, to--
       (A) every State homeland security advisor;
       (B) every State department of homeland security; and
       (C) other Department of Homeland Security partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Homeland Security.
       (3) Notification by the secretary of health and human 
     services.--The Secretary

[[Page S7654]]

     of Health and Human Services shall provide written 
     notification of the publication of the Clearinghouse, as 
     required to be established under section 2216 of the Homeland 
     Security Act of 2002, as added by subsection (b) of this 
     section, to--
       (A) every State department of public health; and
       (B) other Department of Health and Human Services partners 
     in the implementation of the best practices and 
     recommendations of the Clearinghouse, as determined 
     appropriate by the Secretary of Health and Human Services.
       (4) Notification by the attorney general.--The Attorney 
     General shall provide written notification of the publication 
     of the Clearinghouse, as required to be established under 
     section 2216 of the Homeland Security Act of 2002, as added 
     by subsection (b) of this section, to--
       (A) every State department of justice; and
       (B) other Department of Justice partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Attorney 
     General.
       (d) Grant Program Review.--
       (1) Federal grants and resources.--The Secretary of 
     Education, the Secretary of Homeland Security, the Secretary 
     of Health and Human Services, and the Attorney General shall 
     each--
       (A) review grant programs administered by their respective 
     agency and identify any grant program that may be used to 
     implement best practices and recommendations of the 
     Clearinghouse;
       (B) identify any best practices and recommendations of the 
     Clearinghouse for which there is not a Federal grant program 
     that may be used for the purposes of implementing the best 
     practice or recommendation as applicable to the agency; and
       (C) periodically report any findings under subparagraph (B) 
     to the appropriate committees of Congress.
       (2) State grants and resources.--The Clearinghouse shall, 
     to the extent practicable, identify, for each State--
       (A) each agency responsible for school safety in the State, 
     or any State that does not have such an agency designated;
       (B) any grant program that may be used for the purposes of 
     implementing best practices and recommendations of the 
     Clearinghouse; and
       (C) any resources other than grant programs that may be 
     used to assist in implementation of best practices and 
     recommendations of the Clearinghouse.
       (e) Rules of Construction.--
       (1) Waiver of requirements.--Nothing in this section or the 
     amendments made by this section shall be construed to create, 
     satisfy, or waive any requirement under--
       (A) title II of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12131 et seq.);
       (B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
       (C) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.);
       (D) title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.); or
       (E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.).
       (2) Prohibition on federally developed, mandated, or 
     endorsed curriculum.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize any officer or employee of the Federal Government 
     to engage in an activity otherwise prohibited under section 
     103(b) of the Department of Education Organization Act (20 
     U.S.C. 3403(b)).
                                 ______
                                 
  SA 4189. Mr. WHITEHOUSE (for himself and Mr. Graham) 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. ___. PREVENTING INTERNATIONAL CYBERCRIME.

       (a) Predicate Offenses.--Part I of title 18, United States 
     Code, is amended--
       (1) in section 1956(c)(7)(D)--
       (A) by striking ``or section 2339D'' and inserting 
     ``section 2339D''; and
       (B) by striking ``of this title, section 46502'' and 
     inserting ``, or section 2512 (relating to the manufacture, 
     distribution, possession, and advertising of wire, oral, or 
     electronic communication intercepting devices) of this title, 
     section 46502''; and
       (2) in section 1961(1), by inserting ``section 1030 
     (relating to fraud and related activity in connection with 
     computers) if the act indictable under section 1030 is 
     felonious,'' before ``section 1084''.
       (b) Forfeiture.--
       (1) In general.--Section 2513 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2513. Confiscation of wire, oral, or electronic 
       communication intercepting devices and other property

       ``(a) In General.--The court, in imposing a sentence on any 
     person convicted of a violation of section 2511 or 2512, or 
     convicted of conspiracy to violate section 2511 or 2512, 
     shall order, in addition to any other sentence imposed and 
     irrespective of any provision of State law, that such person 
     forfeit to the United States--
       ``(1) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of a violation of section 2511 
     or 2512; and
       ``(2) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained or retained directly 
     or indirectly as a result of a violation of section 2511 or 
     2512.
       ``(b) Forfeiture Procedures.--Pursuant to section 2461(c) 
     of title 28, the procedures of section 413 of the Controlled 
     Substances Act (21 U.S.C. 853), other than subsection (d) 
     thereof, shall apply to criminal forfeitures under this 
     section.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 119 of title 18, United States Code, is 
     amended by striking the item relating to section 2513 and 
     inserting the following:

``2513. Confiscation of wire, oral, or electronic communication 
              intercepting devices and other property.''.
       (c) Shutting Down Botnets.--
       (1) Amendment.--Section 1345 of title 18, United States 
     Code, is amended--
       (A) in the heading, by inserting ``and abuse'' after 
     ``fraud'';
       (B) in subsection (a)--
       (i) in paragraph (1)--

       (I) in subparagraph (B), by striking ``or'' at the end;
       (II) in subparagraph (C), by inserting ``or'' after the 
     semicolon; and
       (III) by inserting after subparagraph (C) the following:

       ``(D) violating or about to violate section 1030(a)(5) of 
     this title where such conduct has caused or would cause 
     damage (as defined in section 1030) without authorization to 
     100 or more protected computers (as defined in section 1030) 
     during any 1-year period, including by--
       ``(i) impairing the availability or integrity of the 
     protected computers without authorization; or
       ``(ii) installing or maintaining control over malicious 
     software on the protected computers that, without 
     authorization, has caused or would cause damage to the 
     protected computers;''; and
       (ii) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, a violation described in subsection 
     (a)(1)(D),'' before ``or a Federal''; and
       (C) by adding at the end the following:
       ``(c) A restraining order, prohibition, or other action by 
     a court described in subsection (b), if issued in 
     circumstances described in subsection (a)(1)(D), may, upon 
     application of the Attorney General--
       ``(1) specify that no cause of action shall lie in any 
     court against a person for complying with the restraining 
     order, prohibition, or other action by a court; and
       ``(2) provide that the United States shall pay to such 
     person a fee for reimbursement for such costs as are 
     reasonably necessary and which have been directly incurred in 
     complying with the restraining order, prohibition, or other 
     action by a court.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 63 of title 18, United States Code, is 
     amended by striking the item relating to section 1345 and 
     inserting the following:

``1345. Injunctions against fraud and abuse.''.
       (d) Aggravated Damage to Computers Used to Operate or 
     Access Critical Systems and Assets.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1030 the 
     following:

     ``Sec. 1030A. Aggravated damage to computers used to operate 
       or access critical systems and assets

       ``(a) Offense.--It shall be unlawful, during and in 
     relation to a felony violation of section 1030, to knowingly 
     cause or attempt to cause damage to a computer used to 
     operate or access critical systems and assets, if such damage 
     results in (or, in the case of an attempted offense, would, 
     if completed, have resulted in) the substantial impairment--
       ``(1) of the operation of the computer; or
       ``(2) of the critical systems and assets associated with 
     such computer.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall, in addition to the term of punishment provided for the 
     felony violation of section 1030, be fined under this title, 
     imprisoned for not more than 20 years, or both.
       ``(c) Prohibition on Probation.--Notwithstanding any other 
     provision of law, a court shall not place any person 
     convicted of a violation of this section on probation.
       ``(d) Definitions.--In this section--
       ``(1) the terms `computer' and `damage' have the meanings 
     given the terms in section 1030; and
       ``(2) the term `critical systems and assets' means systems 
     and assets, whether physical or virtual, so vital to the 
     United States that the incapacity or destruction of such 
     systems and assets would have catastrophic regional or 
     national effects on public health or safety, economic 
     security, or national security, including voter registration 
     databases, voting machines, and other communications systems 
     that manage the election process or report and display 
     results on behalf of State and local governments.''.

[[Page S7655]]

       (2) Table of sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1030 the following:

``1030A. Aggravated damage to computers used to operate or access 
              critical systems and assets.''.
       (e) Stopping Dealing in Botnets; Forfeiture.--Section 1030 
     of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (7), by adding ``or'' at the end; and
       (B) by inserting after paragraph (7) the following:
       ``(8) intentionally deals in the means of access to a 
     protected computer, if--
       ``(A) the dealer knows or has reason to know the protected 
     computer has been damaged in a manner prohibited by this 
     section; and
       ``(B) the promise or agreement to pay for the means of 
     access is made by, or on behalf of, a person the dealer knows 
     or has reason to know intends to use the means of access to--
       ``(i) damage a protected computer in a manner prohibited by 
     this section; or
       ``(ii) violate section 1037 or 1343;'';
       (2) in subsection (c)(3)--
       (A) in subparagraph (A), by striking ``(a)(4) or (a)(7)'' 
     and inserting ``(a)(4), (a)(7), or (a)(8)''; and
       (B) in subparagraph (B), by striking ``(a)(4), or (a)(7)'' 
     and inserting ``(a)(4), (a)(7), or (a)(8)'';
       (3) in subsection (e)--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(15) the term `deal' means transfer, or otherwise dispose 
     of, to another as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value.'';
       (4) in subsection (g), in the first sentence, by inserting 
     ``, except for a violation of subsection (a)(8),'' after ``of 
     this section''; and
       (5) by striking subsection (i) and inserting the following:
       ``(i) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing a sentence on any 
     person convicted of a violation of this section, or convicted 
     of conspiracy to violate this section, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person forfeit to the 
     United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained, directly or 
     indirectly, as a result of such violation.
       ``(2) Applicable provisions.--The criminal forfeiture of 
     property under this subsection, including any seizure and 
     disposition of the property, and any related judicial 
     proceeding, shall be governed by the procedures of section 
     413 of the Controlled Substances Act (21 U.S.C. 853), except 
     subsection (d) of that section.''.
                                 ______
                                 
  SA 4190. Mr. THUNE 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. NOTIFICATION OF ABANDONED UNITED STATES MILITARY 
                   EQUIPMENT USED IN TERRORIST ATTACKS.

       (a) In General.--Not later than 30 days after any element 
     of the intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003) determines 
     that United States military equipment abandoned or otherwise 
     left unsecured in Afghanistan, Iraq, or Syria has been used 
     in a terrorist attack against the United States, allies or 
     partners of the United States, or local populations, the 
     Director of National Intelligence shall submit to the 
     appropriate committees of Congress a written notification of 
     such determination.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Subcommittee on Defense of 
     the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 4191. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 607. USE OF FINANCIAL SERVICES PROVIDERS IN PROVISION OF 
                   FINANCIAL LITERACY TRAINING FOR MEMBERS OF THE 
                   ARMED FORCES AT MILITARY INSTALLATIONS OUTSIDE 
                   THE UNITED STATES.

       Section 992 of title 10, United States Code, is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Training for Members Stationed Overseas.--
       ``(1) In general.--As part of the financial literacy 
     training provided under this section to members of the armed 
     forces stationed or deployed at an installation outside the 
     United States, the commander of such installation may, in the 
     commander's discretion, permit representatives of financial 
     services providers serving, or intending to serve, such 
     members to participate in such training, including in 
     orientation briefings regularly scheduled for members newly 
     arriving at such installation.
       ``(2) No endorsement.--In permitting representatives to 
     participate in training and orientation briefings pursuant to 
     paragraph (1), a commander may not endorse any financial 
     services provider or the services provided by such provider.
       ``(3) Financial services provider defined.--In this 
     subsection, the term `financial services provider' means the 
     following:
       ``(A) A financial institution, insurance company, or 
     broker-dealer that is licensed and regulated by the United 
     States or a State.
       ``(B) A money service business that is--
       ``(i) registered with the Financial Crimes Enforcement 
     Network (FinCEN) of the Department of the Treasury; and
       ``(ii) licensed and regulated by the United States or a 
     State.
       ``(C) The host-nation agent of a money service business 
     described in subparagraph (B).''.
                                 ______
                                 
  SA 4192. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 376. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE REMOTELY 
                   PILOTED AIRCRAFT AND RELATED EQUIPMENT TO 
                   DEPARTMENT OF HOMELAND SECURITY FOR U.S. 
                   CUSTOMS AND BORDER PATROL PURPOSES AND 
                   DEPARTMENT OF AGRICULTURE FOR U.S. FOREST 
                   SERVICE PURPOSES.

       (a) Offer of First Refusal Outside DoD.--
       (1) In general.--Upon a determination that aircraft or 
     equipment specified in subsection (c) is excess to the 
     requirements of all components of the Department of Defense, 
     the Secretary of Defense shall offer to the Secretary of 
     Homeland Security to transfer such aircraft or equipment to 
     the Secretary of Homeland Security for use by U.S. Customs 
     and Border Patrol.
       (2) Timing of offer.--Any offer under paragraph (1) for 
     aircraft or equipment shall be made before such aircraft or 
     equipment is otherwise disposed of outside the Department of 
     Defense.
       (b) Offer of Second Refusal Outside DoD.--
       (1) In general.--Upon a determination that aircraft or 
     equipment offered to the Secretary of Homeland Security under 
     subsection (a) will not be accepted by the Secretary of 
     Homeland Security in accordance with that subsection, the 
     Secretary of Defense shall offer to the Secretary of 
     Agriculture to transfer such aircraft or equipment to the 
     Secretary of Agriculture for use by the Forest Service for 
     wildland fire management purposes.
       (2) Timing of offer.--Any offer under paragraph (1) for 
     aircraft or equipment shall be made before such aircraft or 
     equipment is otherwise disposed of outside the Department of 
     Defense.
       (c) Aircraft and Equipment.--The aircraft and equipment 
     specified in this subsection is the following:
       (1) Retired MQ-1 Predator, MQ-9 Reaper, RQ-4 Global Hawk, 
     or other remotely piloted aircraft that are excess to the 
     requirements of the military departments.
       (2) Initial spare MQ-1 Predator, MQ-9 Reaper, RQ-4 Global 
     Hawk, or other remotely piloted aircraft that are excess to 
     the requirements of the military departments.
       (3) Ground support equipment of the military departments 
     for MQ-1 Predator MQ-9 Reaper, RQ-4 Global Hawk, or other 
     remotely piloted aircraft that are excess to the requirements 
     of the military departments.

[[Page S7656]]

       (d) Transfer.--
       (1) In general.--If the Secretary of Homeland Security 
     accepts an offer under subsection (a), or the Secretary of 
     Agriculture accepts an offer under subsection (b), the 
     Secretary of the military department having jurisdiction over 
     the aircraft or equipment concerned shall transfer such 
     aircraft or equipment to the Secretary of Homeland Security 
     or the Secretary of Agriculture, as applicable.
       (2) Costs.--The cost of any aircraft or equipment 
     transferred under paragraph (1), and the cost of transfer, 
     shall be borne by the Secretary of Homeland Security or the 
     Secretary of Agriculture, as applicable.
       (e) Demilitarization.--
       (1) In general.--Any aircraft or equipment transferred 
     under this section shall be demilitarized before transfer.
       (2) Costs.--The cost of demilitarization under paragraph 
     (1) shall be borne by the Department of Defense.
       (f) Use of Transferred Aircraft and Equipment.--
       (1) Department of homeland security.--Any aircraft or 
     equipment transferred to the Secretary of Homeland Security 
     under subsection (a) shall be used by the Commissioner of 
     U.S. Customs and Border Patrol for border security, 
     enforcement of the immigration laws, and related purposes.
       (2) Department of agriculture.--Any aircraft or equipment 
     transferred to the Secretary of Agriculture under subsection 
     (b) shall be used by the Chief of the U.S. Forest Service for 
     wildland fire management and related purposes.
                                 ______
                                 
  SA 4193. Mr. THUNE 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 XV, add the following:

     SEC. 1548. ENERGY RESILIENCY FOR CERTAIN NUCLEAR MISSIONS.

       (a) Authorization.--The Assistant Secretary of the Air 
     Force for Installations, Environment, and Energy shall invest 
     in the resiliency and redundancy of the electricity supply of 
     covered Air Force installations for the purpose of supporting 
     the critical mission capability of those installations during 
     a failure of the electric grid, a cyberattack, or a natural 
     disaster.
       (b) Request for Proposals for Electricity Storage.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary shall 
     issue a request for proposals for the installation of not 
     less than 2,000 kWh of electricity storage at each covered 
     Air Force installation.
       (2) Requirements.--The request for proposals under 
     paragraph (1) shall specify the following:
       (A) The electricity storage described in paragraph (1) 
     shall be available to immediately support the nuclear mission 
     of the covered Air Force installation in the event of a power 
     failure.
       (B) The use of the electricity storage shall be prioritized 
     for the nuclear mission in the event of a power failure until 
     electricity is restored.
       (C) The electricity storage may be used to partially meet 
     energy demand at the installation during times of high energy 
     demand and high energy prices, commonly known as ``peak 
     shaving''.
       (c) Request for Proposals for Secondary Energy Sources.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Assistant Secretary shall 
     issue a request for proposals for the installation of, or 
     grid connection to, a secondary source of energy to power 
     land-based nuclear missions of covered Air Force 
     installations in the event of a disruption of the primary 
     electricity supply.
       (2) Requirements.--The request for proposals under 
     paragraph (1) shall specify the following:
       (A) Secondary sources of energy described in paragraph (1) 
     may include sources of generation on a covered Air Force 
     installation, such as natural gas or liquid fuel generators, 
     connections to an electric grid separate from the primary 
     energy provider, and renewable energy paired with storage 
     separate from storage provided pursuant to subsection (b).
       (B) The use of secondary sources of energy shall be 
     prioritized to sustain the nuclear mission and to support 
     other functions of the covered Air Force installation in the 
     event of an electric power disruption.
       (C) A secondary source of energy may be utilized to power 
     commercial utility operations as required by the energy 
     provider in times in which there is not an energy disruption 
     affecting the nuclear mission of the covered Air Force 
     installation, if doing so does not diminish the ability of 
     the secondary source to provide emergency power.
       (d) Definitions.--In this section:
       (1) Covered air force installation.--The term ``covered Air 
     Force installation'' means an Air Force installation that 
     hosts or is planned to host an operational nuclear mission 
     that is a component of the land-based leg of the nuclear 
     triad, particularly nuclear-capable bombers.
       (2) Emergency power.--The term ``emergency power'' means 
     any electricity necessary to operate the nuclear mission of a 
     covered Air Force installation the event of disruption of the 
     primary electricity supply.
                                 ______
                                 
  SA 4194. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 376. COST-SHARING AGREEMENT FOR STATE AND FEDERAL COSTS 
                   FOR RIFLE TRAINING RANGE FOR AIR FORCE SECURITY 
                   FORCES.

       (a) Authorization.--The Secretary may enter into a cost-
     sharing agreement with a State for the purposes of 
     establishing a rifle training range for the Air Force 
     Security Forces.
       (b) Request for Proposal.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall issue to all 
     States a request for proposal for a cost-sharing agreement 
     under subsection (a)
       (2) Elements of proposals.--In reviewing proposals 
     submitted by States under paragraph (1) the Secretary shall 
     consider--
       (A) training requirements of current and anticipated Air 
     Force Security Forces;
       (B) cost savings or cost avoidance concerning travel, 
     accommodations, and other costs related to current training 
     activities of the Air Force Security Forces;
       (C) the benefits of the proposal to other requirements of 
     the Department of Defense or another Federal agency;
       (D) the benefits of the proposal to each State; and
       (E) the cost-sharing arrangement proposed by the State.
       (c) Authorization of Funds.--
       (1) Authorization of land acquisition.--There is authorized 
     to be appropriated to the Secretary $10,000,000 to be used by 
     the Secretary for the purposes of land acquisition to carry 
     out this section.
       (2) Augmentation of rifle training range.--There is 
     authorized to be appropriated to the Secretary such funds as 
     may be necessary to augment the rifle training range 
     authorized under subsection (a) as necessary to support 
     training requirements of the Air Force Security Forces.
       (3) Solicitation of additional funds.--The Secretary may 
     solicit additional funds from another military department or 
     Federal agency to defray acquisition and operational costs 
     under this section.
       (d) Secretary Defined.--In this section, the term 
     ``Secretary'' means the Secretary of the Air Force.
                                 ______
                                 
  SA 4195. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. FUEL CHOICE AT COMMISSARIES AND EXCHANGE STORES.

       Not later than one year after the date of the enactment of 
     this Act, each commissary or exchange store located on a 
     military installation in the United States or any territory 
     or possession of the United States that offers gasoline for 
     commercial sale shall offer the sale of at least one fuel 
     that contains not less than 15 percent ethanol.
                                 ______
                                 
  SA 4196. Mr. MENENDEZ (for himself, Mrs. Feinstein, Mr. Padilla, Mr. 
Warnock, Mrs. Gillibrand, Mr. Booker, Mr. Van Hollen, and Ms. Warren) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SUBMISSION OF DATA RELATING TO DIVERSITY BY 
                   ISSUERS; DIVERSITY ADVISORY GROUP.

       (a) In General.--Section 13 of the Securities Exchange Act 
     of 1934 (15 U.S.C. 78m) is amended by adding at the end the 
     following:
       ``(s) Submission of Data Relating to Diversity.--

[[Page S7657]]

       ``(1) Definitions.--In this subsection--
       ``(A) the term `executive officer' has the meaning given 
     the term in section 230.501(f) of title 17, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     subsection; and
       ``(B) the term `veteran' has the meaning given the term in 
     section 101 of title 38, United States Code.
       ``(2) Submission of disclosure.--Each issuer required to 
     file an annual report under subsection (a) shall disclose in 
     any proxy statement and any information statement relating to 
     the election of directors filed with the Commission the 
     following:
       ``(A) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of--
       ``(i) the board of directors of the issuer;
       ``(ii) nominees for the board of directors of the issuer; 
     and
       ``(iii) the executive officers of the issuer.
       ``(B) The status of any member of the board of directors of 
     the issuer, any nominee for the board of directors of the 
     issuer, or any executive officer of the issuer, based on 
     voluntary self-identification, as a veteran.
       ``(C) Whether the board of directors of the issuer, or any 
     committee of that board of directors, has, as of the date on 
     which the issuer makes a disclosure under this paragraph, 
     adopted any policy, plan, or strategy to promote racial, 
     ethnic, and gender diversity among--
       ``(i) the board of directors of the issuer;
       ``(ii) nominees for the board of directors of the issuer; 
     or
       ``(iii) the executive officers of the issuer.
       ``(3) Alternative submission.--In any 1-year period in 
     which an issuer required to file an annual report under 
     subsection (a) does not file with the Commission a proxy 
     statement or an information statement relating to the 
     election of directors, the issuer shall disclose the 
     information required under paragraph (2) in the first annual 
     report of issuer that the issuer submits to the Commission 
     after the end of that 1-year period.
       ``(4) Annual report.--Not later than 18 months after the 
     date of enactment of this subsection, and annually 
     thereafter, the Commission shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives, and publish on the website of the 
     Commission, a report that analyzes the information disclosed 
     under paragraphs (2) and (3) and identifies any trends with 
     respect to such information.
       ``(5) Best practices.--
       ``(A) In general.--The Director of the Office of Minority 
     and Women Inclusion of the Commission shall, not later than 3 
     years after the date of enactment of this subsection, and 
     every 3 years thereafter, publish best practices for 
     compliance with this subsection.
       ``(B) Comments.--The Director of the Office of Minority and 
     Women Inclusion of the Commission may, pursuant to subchapter 
     II of chapter 5 of title 5, United States Code, solicit 
     public comments related to the best practices published under 
     subparagraph (A).''.
       (b) Diversity Advisory Group.--
       (1) Definitions.--For the purposes of this subsection:
       (A) Advisory group.--The term ``Advisory Group'' means the 
     Diversity Advisory Group established under paragraph (2).
       (B) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.
       (C) Issuer.--The term ``issuer'' has the meaning given the 
     term in section 3(a) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)).
       (2) Establishment.--The Commission shall establish a 
     Diversity Advisory Group, which shall be composed of 
     representatives from--
       (A) the Federal Government and State and local governments;
       (B) academia; and
       (C) the private sector.
       (3) Study and recommendations.--The Advisory Group shall--
       (A) carry out a study that identifies strategies that can 
     be used to increase gender, racial, and ethnic diversity 
     among members of boards of directors of issuers; and
       (B) not later than 270 days after the date on which the 
     Advisory Group is established, submit to the Commission, the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Financial Services of the House 
     of Representatives a report that--
       (i) describes any findings from the study conducted under 
     subparagraph (A); and
       (ii) makes recommendations regarding strategies that 
     issuers could use to increase gender, racial, and ethnic 
     diversity among board members.
       (4) Annual report.--Not later than 1 year after the date on 
     which the Advisory Group submits the report required under 
     paragraph (3)(B), and annually thereafter, the Commission 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that describes the 
     status of gender, racial, and ethnic diversity among members 
     of the boards of directors of issuers.
       (5) Public availability of reports.--The Commission shall 
     make all reports of the Advisory Group available to issuers 
     and the public, including on the website of the Commission.
       (6) Inapplicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply with respect to the Advisory Group or the activities of 
     the Advisory Group.
                                 ______
                                 
  SA 4197. Mr. MENENDEZ (for himself, Mr. Schumer, Mr. Booker, Mrs. 
Gillibrand, Mr. Blumenthal, and Mr. Murphy) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. AUTHORIZATION OF APPROPRIATIONS FOR CATCH-UP 
                   PAYMENTS.

       Section 404(d)(4)(C) of the Justice for United States 
     Victims of State Sponsored Terrorism Act (34 U.S.C. 
     20144(d)(4)(C)) is amended by adding at the end the 
     following:
       ``(iv) Funding.--

       ``(I) Authorization of appropriations.--There are 
     authorized to be appropriated to the Fund such sums as may be 
     necessary to carry out this subparagraph, to remain available 
     until expended.
       ``(II) Limitation.--Amounts appropriated pursuant to 
     subclause (I) may not be used for a purpose other than to 
     make lump sum catch-up payments under this subparagraph.''.

                                 ______
                                 
  SA 4198. Mr. MENENDEZ (for himself, Mr. Durbin, Mr. Booker, Mr. 
Kennedy, and Mrs. Feinstein) submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

               TITLE _____--JUDICIAL SECURITY AND PRIVACY

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Daniel Anderl Judicial 
     Security and Privacy Act of 2021''.

     SEC. ___02. PURPOSE; RULES OF CONSTRUCTION.

       (a) Purpose.--The purpose of this title is to improve the 
     safety and security of Federal judges, including senior, 
     recalled, or retired Federal judges, and their immediate 
     family, to ensure Federal judges are able to administer 
     justice fairly without fear of personal reprisal from 
     individuals affected by the decisions they make in the course 
     of carrying out their public duties.
       (b) Rules of Construction.--
       (1) In general.--Nothing in this title shall be construed--
       (A) to prohibit, restrain, or limit--
       (i) the lawful investigation or reporting by the press of 
     any unlawful activity or misconduct alleged to have been 
     committed by an at-risk individual or their immediate family; 
     or
       (ii) the reporting on an at-risk individual or their 
     immediate family regarding matters of public concern;
       (B) to impair access to decisions and opinions from a 
     Federal judge in the course of carrying out their public 
     functions; or
       (C) to limit the publication or transfer of personally 
     identifiable information that the at-risk individual or their 
     immediate family member voluntarily publishes on the internet 
     after the date of enactment of this Act.
       (2) Protection of personally identifiable information.--
     This title shall be broadly construed to favor the protection 
     of the personally identifiable information of at-risk 
     individuals and their immediate family.

     SEC. ___03. FINDINGS.

       Congress finds the following:
       (1) Members of the Federal judiciary perform the important 
     function of interpreting our Constitution and administering 
     justice in a fair and impartial manner.
       (2) In recent years, partially as a result of the rise in 
     the use of social media and online access to information, 
     members of the Federal judiciary have been exposed to an 
     increased number of personal threats in connection to their 
     role. The ease of access to free or inexpensive sources of 
     personally identifiable information has considerably lowered 
     the effort required for malicious actors to discover where 
     individuals live, where they spend leisure hours, and to find 
     information about their family members. Such threats have 
     included calling a judge a traitor with references to mass 
     shootings and serial killings, calling for an ``angry mob'' 
     to gather outside a judge's home and, in reference to a 
     United States courts of appeals judge, stating how easy it 
     would be to ``get them.''

[[Page S7658]]

       (3) Between 2015 and 2019, threats and other inappropriate 
     communications against Federal judges and other judiciary 
     personnel increased from 926 in 2015 to approximately 4,449 
     in 2019.
       (4) Over the past decade, several members of the Federal 
     judiciary have experienced acts of violence against 
     themselves or a family member in connection to their Federal 
     judiciary role, including the murder of the family of United 
     States District Judge for the Northern District of Illinois 
     Joan Lefkow in 2005.
       (5) On Sunday July 19, 2020, an assailant went to the home 
     of Esther Salas, a judge for the United States District Court 
     for the District of New Jersey, impersonating a package 
     delivery driver, opening fire upon arrival, and killing 
     Daniel Anderl, the 20-year-old only son of Judge Salas, and 
     seriously wounding Mark Anderl, her husband.
       (6) In the aftermath of the recent tragedy that occurred to 
     Judge Salas and in response to the continuous rise of threats 
     against members of the Federal judiciary, there is an 
     immediate need for enhanced security procedures and increased 
     availability of tools to protect Federal judges and their 
     families.

     SEC. ___04. DEFINITIONS.

       In this title:
       (1) At-risk individual.--The term ``at-risk individual'' 
     means--
       (A) a Federal judge; or
       (B) a senior, recalled, or retired Federal judge
       (2) Data broker.--
       (A) In general.--The term ``data broker'' means a business 
     or commercial entity when it is engaged in collecting, 
     assembling, or maintaining personal information concerning an 
     individual who is not a customer, client, or an employee of 
     that entity in order to sell the information or otherwise 
     profit from providing third party access to the information.
       (B) Exclusion.--The following activities conducted by a 
     business or commercial entity, and the collection and sale or 
     licensing of personally identifiable information incidental 
     to conducting these activities do not qualify the entity as a 
     data broker:
       (i) Engaging in reporting, newsgathering, speaking, or 
     other activities intended to inform the public on matters of 
     public interest or public concern.
       (ii) Providing 411 directory assistance or directory 
     information services, including name, address, and telephone 
     number, on behalf of or as a function of a telecommunications 
     carrier.
       (iii) Utilizing personal information internally, providing 
     access to businesses under common ownership or affiliated by 
     corporate control, or selling or providing data for a 
     transaction or service requested by or concerning the 
     individual whose personal information is being transferred.
       (iv) Providing publicly available information via real-time 
     or near-real-time alert services for health or safety 
     purposes.
       (v) A consumer reporting agency to the extent that it is 
     covered by the Federal Fair Credit Reporting Act (15 U.S.C. 
     1681 et seq.).
       (vi) A financial institution to the extent that it is 
     covered by the Gramm-Leach-Bliley Act (Public Law 106-102) 
     and implementing regulations.
       (vii) An entity to the extent that it is covered by the 
     Health Insurance Portability and Accountability Act (Public 
     Law 104-191).
       (3) Federal judge.--The term ``Federal judge'' means--
       (A) a justice or judge of the United States, as those terms 
     are defined in section 451 of title 28, United States Code;
       (B) a bankruptcy judge appointed under section 152 of title 
     28, United States Code;
       (C) a United States magistrate judge appointed under 
     section 631 of title 28, United States Code;
       (D) a judge confirmed by the United States Senate and 
     empowered by statute in any commonwealth, territory, or 
     possession to perform the duties of a Federal judge; and
       (E) a judge of the United States Court of Federal Claims 
     appointed under section 171 of title 28, United States Code.
       (4) Government agency.--The term ``Government agency'' 
     means any department enumerated in section 1 of title 5 of 
     the United States Code, independent establishment, 
     commission, administration, authority, board or bureau of the 
     United States or any corporation in which the United States 
     has a proprietary interest. The term includes all such 
     institutions, offices, and any other bodies politic and 
     corporate of the United States Government created by the 
     constitution or statute, whether in the executive, judicial, 
     or legislative branch; all units and corporate outgrowths 
     created by Executive order of the President or any 
     constitutional officer, by the Supreme Court of the United 
     States, or by resolution of the United States Congress.
       (5) Immediate family.--The term ``immediate family'' means 
     a spouse, child, parent, or any other familial relative of an 
     at-risk individual whose permanent residence is the same as 
     the at-risk individual.
       (6) Personally identifiable information.--The term 
     ``personally identifiable information'' means--
       (A) a home address, including primary residence or 
     secondary residences;
       (B) a home or personal mobile telephone number, or the 
     direct telephone number of a government-issued cell phone or 
     private extension in the chambers of an at-risk individual;
       (C) a personal email address;
       (D) the social security number, driver's license number, or 
     home address displayed on voter registration information;
       (E) a bank account or credit or debit card information;
       (F) home or other address displayed on property tax records 
     or held by a Federal, State, or local government agency of an 
     at-risk individual, including a secondary residence and any 
     investment property at which an at-risk individual resides 
     for part of a year;
       (G) license plate number or home address displayed on 
     vehicle registration information;
       (H) identification of children of an at-risk individual 
     under the age of 18;
       (I) full date of birth;
       (J) a photograph of any vehicle that legibly displays the 
     license plate or a photograph of a residence that legibly 
     displays the residence address;
       (K) the name and address of a school or day care facility 
     attended by immediate family; or
       (L) the name and address of an employer of immediate 
     family.
       (7) Social media.--The term ``social media'' means any 
     online electronic medium, a live-chat system, or an 
     electronic dating service--
       (A) that primarily serves as a medium for users to interact 
     with content generated by other third-party users of the 
     medium;
       (B) that enables users to create accounts or profiles 
     specific to the medium or to import profiles from another 
     medium; and
       (C) that enables one or more users to generate content that 
     can be viewed by other third-party users of the medium.
       (8) Transfer.--The term ``transfer'' means to sell, 
     license, trade, or exchange for consideration the personally 
     identifiable information of an at-risk individual or 
     immediate family.

     SEC. ___05. PROTECTING PERSONALLY IDENTIFIABLE INFORMATION IN 
                   PUBLIC RECORDS.

       (a) Government Agencies.--
       (1) In general.--Each at-risk individual may--
       (A) file written notice of the status of the individual as 
     an at-risk individual, for themselves and immediate family, 
     to each Government agency; and
       (B) ask each Government agency described in subparagraph 
     (A) to mark as private their personally identifiable 
     information and that of their immediate family.
       (2) No public posting.--Government agencies shall not 
     publicly post or display publicly available content that 
     includes personally identifiable information of an at-risk 
     individual or immediate family. Government agencies, upon 
     receipt of a written request in accordance with subsection 
     (a)(1)(A) of this section, shall remove the personally 
     identifiable information of the at-risk individual or 
     immediate family from publicly available content within 72 
     hours.
       (3) Exceptions.--Nothing in this section shall prohibit a 
     government agency from providing access to records containing 
     judges' personally identifiable information to a third party 
     if the third party possesses a signed release from the judge 
     or a court order, the entity is already subject to the 
     requirements of title V of the Gramm-Leach-Bliley Act (15 
     U.S.C. 6801 et seq.), or the third party executes a 
     confidentiality agreement with the government agency.
       (b) State and Local Governments.--
       (1) Grant program to prevent disclosure of personal 
     information of at-risk individuals or immediate family.--
       (A) Authorization.--The Attorney General shall make grants 
     to prevent the release of personally identifiable information 
     of at-risk individuals and immediate family (in this 
     subsection referred to as ``judges' personally identifiable 
     information'') to the detriment of such individuals or their 
     families to an entity that--
       (i) is--

       (I) a State or unit of local government (as such terms are 
     defined in section 901 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10251)); or
       (II) an agency of a State or unit of local government; and

       (ii) operates a State or local database or registry that 
     contains personally identifiable information.
       (B) Application.--An eligible entity seeking a grant under 
     this section shall submit to the Attorney General an 
     application at such time, in such manner, and containing such 
     information as the Attorney General may reasonably require.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to provide 
     grants to entities described in paragraph (1) to create or 
     expand programs designed to protect judges' personally 
     identifiable information, including through--
       (A) the creation of programs to redact or remove judges' 
     personally identifiable information, upon the request of an 
     at-risk individual, from public records in state agencies; 
     these efforts may include but are not limited to hiring a 
     third party to redact or remove judges' personally 
     identifiable information from public records;
       (B) the expansion of existing programs that the State may 
     have enacted in an effort to protect judges' personally 
     identifiable information;
       (C) the development or improvement of protocols, 
     procedures, and policies to prevent

[[Page S7659]]

     the release of judges' personally identifiable information;
       (D) the defrayment of costs of modifying or improving 
     existing databases and registries to ensure that judges' 
     personally identifiable information is protected from 
     release; and
       (E) the development of confidential opt out systems that 
     will enable at-risk individuals to make a single request to 
     keep judges' personally identifiable information out of 
     multiple databases or registries.
       (3) Report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and biennially thereafter, the 
     Comptroller General of the United States, shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives an annual 
     report that includes--
       (i) a detailed amount spent by States and local governments 
     on protection of judges' personally identifiable information; 
     and
       (ii) where the judges' personally identifiable information 
     was found.
       (B) States and local governments.--States and local 
     governments that receive funds under this section shall 
     submit to the Comptroller General a report on data described 
     in clauses (i) and (ii) of subparagraph (A) to be included in 
     the report required under that subparagraph.
       (c) Data Brokers and Other Businesses.--
       (1) Prohibition.--
       (A) Data brokers.--It shall be unlawful for a data broker 
     to knowingly sell, license, trade for consideration, or 
     purchase personally identifiable information of an at-risk 
     individual or immediate family.
       (B) Other businesses.--No person, business, or association 
     shall publicly post or publicly display on the internet 
     personally identifiable information of an at-risk individual 
     or immediate family if the at-risk individual has made a 
     written request of that person, business, or association to 
     not disclose the personally identifiable information of the 
     at-risk individual or immediate family.
       (C) Exceptions.--The restriction in subparagraph (B) shall 
     not apply to--
       (i) the display on the internet of the personally 
     identifiable information of an at-risk individual or 
     immediate family if the information is relevant to and 
     displayed as part of a news story, commentary, editorial, or 
     other speech on a matter of public concern;
       (ii) personally identifiable information that the at-risk 
     individual voluntarily publishes on the internet after the 
     date of enactment of this Act; or
       (iii) personally identifiable information received from a 
     Federal Government source (or from an employee or agent of 
     the Federal Government).
       (2) Required conduct.--
       (A) In general.--After a person, business, or association 
     has received a written request from an at-risk individual to 
     protect personally identifiable information of the at-risk 
     individual or immediate family, that person, business, or 
     association shall--
       (i) remove within 72 hours the personally identifiable 
     information from the internet and ensure that the information 
     is not made available on any website or subsidiary website 
     controlled by that person, business, or association; and
       (ii) ensure that the personally identifiable information of 
     the at-risk individual or immediate family is not made 
     available on any website or subsidiary website controlled by 
     that person, business, or association.
       (B) Transfer.--After receiving an at-risk individual's 
     written request, no person, business, or association shall 
     transfer the personally identifiable information of the at-
     risk individual or immediate family to any other person, 
     business, or association through any medium, except where the 
     at-risk individual's or immediate family member's personally 
     identifiable information is relevant to and displayed as part 
     of a news story, commentary, editorial, or other speech on a 
     matter of public concern. The restriction on transfer shall 
     also not apply to personally identifiable information that 
     the at-risk individual or immediate family voluntarily 
     publishes on the internet after the date of enactment of this 
     Act.
       (d) Delegation of Authority.--
       (1) In general.--Upon written request of the at-risk 
     individual, the Director of the Administrative Office of the 
     United States Courts is authorized to make any notice or 
     request required or authorized by this section on behalf of 
     the at-risk individual. The Director may delegate this 
     authority under section 602(d) of title 28, United States 
     Code. Any notice or request made under this subsection shall 
     be deemed to have been made by the at-risk individual and 
     compliant with the notice and request requirements of this 
     section.
       (2) List.--In lieu of individual notices or requests, the 
     Director may provide government agencies, State and local 
     governments, data brokers, persons, businesses, or 
     associations with a list of at-risk individuals and their 
     immediate family for the purpose of maintaining compliance 
     with this section. Such list shall be deemed to comply with 
     individual notice and request requirements of this section.
       (e) Redress and Penalties.--
       (1) In general.--An at-risk individual or immediate family 
     member whose personally identifiable information is made 
     public as a result of a violation of this title may bring an 
     action seeking injunctive or declaratory relief in any court 
     of competent jurisdiction. If the court grants injunctive or 
     declaratory relief, the person, business, or association 
     responsible for the violation shall be required to pay the 
     at-risk individual's or immediate family member's costs and 
     reasonable attorney's fees.
       (2) Penalties and damages.--Upon a knowing and willful 
     violation of any order granting injunctive or declarative 
     relief obtained pursuant to this subsection, the court 
     issuing such order may--
       (A) if the violator is a public entity, impose a fine not 
     exceeding $4,000 and require the payment of court costs and 
     reasonable attorney's fees;
       (B) if the violator is a person, business, association, or 
     private agency, award damages to the affected at-risk 
     individual or immediate family in an amount up to a maximum 
     of 3 times the actual damages, but not less than $10,000, and 
     require the payment of court costs and reasonable attorney's 
     fees.

     SEC. ___06. TRAINING AND EDUCATION.

       There is authorized to be appropriated to the Federal 
     judiciary such sums as may be necessary for biannual judicial 
     security training for active, senior, or recalled Federal 
     judges and their immediate family, including--
       (1) best practices for using social media and other forms 
     of online engagement and for maintaining online privacy;
       (2) home security program and maintenance;
       (3) understanding removal programs and requirements for 
     personally identifiable information;
       (4) any other judicial security training that the United 
     States Marshals Services and the Administrative Office of the 
     United States Courts determines is relevant.

     SEC. ___07. VULNERABILITY MANAGEMENT CAPABILITY.

       (a) Authorization.--
       (1) Vulnerability management capability.--The Federal 
     judiciary is authorized to perform all necessary functions 
     consistent with the provisions of this title, and to support 
     existing threat management capabilities within the United 
     States Marshals Service and other relevant Federal law 
     enforcement and security agencies. Such functions may 
     include--
       (A) monitor the protection of at-risk individuals and 
     judiciary assets;
       (B) manage the monitoring of websites for personally 
     identifiable information of at-risk individuals or immediate 
     family and remove or limit the publication of such 
     information; and
       (C) receive, review, and analyze complaints by at-risk 
     individuals of threats, whether direct or indirect, and 
     report to law enforcement partners.
       (2) Technical and conforming amendment.--Section 604(a) of 
     title 28, United States Code is amended--
       (A) in paragraph (23), by striking ``and'' at the end;
       (B) by redesignating paragraph (24) as paragraph (25);
       (C) by inserting after paragraph 23 the following:
       ``(24) Establish and administer a vulnerability management 
     program in the judicial branch; and''.
       (b) Expansion of Capabilities of Office of Protective 
     Intelligence.--There is authorized to be appropriated such 
     sums as may be necessary to the United States Marshals 
     Service to expand the current capabilities of the Office of 
     Protective Intelligence of the Judicial Security Division to 
     increase the workforce of the Office of Protective 
     Intelligence to include additional intelligence analysts, 
     United States deputy marshals, and any other relevant 
     personnel to ensure that the Office of Protective 
     Intelligence is ready and able to perform all necessary 
     functions, consistent with the provisions of this title, in 
     order to anticipate and deter threats to the judiciary, 
     including--
       (1) assigning personnel to State and major urban area 
     fusion and intelligence centers for the specific purpose of 
     identifying potential threats against the judiciary, and 
     coordination of responses to potential threats.
       (2) expanding the use of investigative analysts, physical 
     security specialists, and intelligence analysts at the 94 
     judicial districts and territories to enhance the management 
     of local and distant threats and investigations; and
       (3) increasing the number of United States Marshal Service 
     personnel for the protection of the judicial function and 
     assigned to protective operations and details for the 
     judiciary.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     enactment of this Act, the Department of Justice, in 
     consultation with the Administrative Office of the United 
     States Courts, shall submit to the Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives a report on the security of Federal judges 
     arising from the Federal prosecutions and civil litigation.
       (2) Description.--The report required under paragraph (1) 
     shall describe--
       (A) the number and nature of threats and assaults against 
     at-risk individuals handling prosecutions and other matters 
     described in paragraph (1) and the reporting requirements and 
     methods;
       (B) the security measures that are in place to protect the 
     at-risk individuals handling prosecutions described in 
     paragraph (1), including threat assessments, response 
     procedures, availability of security systems and other 
     devices, firearms licensing such as

[[Page S7660]]

     deputations, and other measures designed to protect the at-
     risk individuals and immediate family of an at-risk 
     individual; and
       (C) for each requirement, measure, or policy described in 
     subparagraphs (A) and (B), when the requirement, measure, or 
     policy was developed and who was responsible for developing 
     and implementing the requirement, measure, or policy.

     SEC. ___08. SEVERABILITY.

       If any provision of this title or the application of such 
     provision to any person or circumstance is held to be 
     unconstitutional, the remainder of this title and the 
     application of such provision to any person or circumstance 
     shall not be affected thereby.

     SEC. ___09. EFFECTIVE DATE.

       This title shall take effect upon the date of enactment of 
     this Act, except for subsections (b)(1), (c), and (e) of 
     section [___05], which shall take effect on the date that is 
     120 days after the date of enactment of this Act.
                                 ______
                                 
  SA 4199. 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 G of title X, add the following:

     SEC. 1064. COMPTROLLER GENERAL ASSESSMENT OF QUALITY AND 
                   NUTRITION OF FOOD AVAILABLE AT MILITARY 
                   INSTALLATIONS FOR MEMBERS OF THE ARMED FORCES.

       (a) Assessment.--The Comptroller General of the United 
     States shall conduct an assessment of the quality and 
     nutrition of food available at military installations for 
     members of the Armed Forces.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) A description of the extent to which data is being 
     collected on the nutritional food options available at 
     military installations for members of the Armed Forces, 
     including the fat, sodium, and fiber content of hot line 
     foods.
       (2) An assessment of the extent to which the Department of 
     Defense has evaluated whether the nutritional food options 
     described in paragraph (1) meet or exceed the daily nutrition 
     standards for adults set forth by the Department of 
     Agriculture.
       (3) A description of how the Secretary integrates and 
     coordinates nutrition recommendations, policies, and 
     pertinent information through the Interagency Committee on 
     Human Nutrition Research.
       (4) A description of how the Secretary gathers input on the 
     quality of food service options provided to members of the 
     Armed Forces.
       (5) An assessment of how the Department of Defense tracks 
     the attitudes and perceptions of members of the Armed Forces 
     on the quality of food service operations at military 
     installations in terms of availability during irregular 
     hours, accessibility, portion, price, and quality.
       (6) An assessment of access by members of the Armed Forces 
     to high-quality food options on military installations, such 
     as availability of food outside typical meal times or options 
     for members not located in close proximity to dining 
     facilities at a military installation.
       (7) Such recommendations as the Comptroller General may 
     have to address any findings related to the quality and 
     availability of food options provided to members of the Armed 
     Forces by the Department of Defense.
       (c) Briefing and Report.--
       (1) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     brief the Committees on Armed Services of the Senate and the 
     House of Representatives on the status of the assessment 
     conducted under subsection (a).
       (2) Report.--Not later than one year after the briefing 
     under paragraph (1), the Comptroller General shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on the assessment conducted under 
     subsection (a).
                                 ______
                                 
  SA 4200. Ms. CORTEZ MASTO (for herself, Mr. Padilla, and Ms. Rosen) 
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. UPDATED REVIEW AND ENHANCEMENT OF EXISTING 
                   AUTHORITIES FOR USING AIR FORCE AND AIR 
                   NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING 
                   SYSTEMS AND OTHER DEPARTMENT OF DEFENSE ASSETS 
                   TO FIGHT WILDFIRES.

       Section 1058 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 31 U.S.C. 1535 note) is 
     amended by adding at the end the following new subsection:
       ``(g) Updated Review and Enhancement.--(1) Not later than 
     120 days after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2022, the Director 
     shall submit to Congress a report--
       ``(A) containing the results of a second review conducted 
     under subsection (a) and a second determination made under 
     subsection (b); and
       ``(B) based on such second determination, describing the 
     new modifications proposed to be made to existing authorities 
     under subsection (c) or (d), including whether there is a 
     need for legislative changes to further improve the 
     procedures for using Department of Defense assets to fight 
     wildfires.
       ``(2) The new modifications described in paragraph (1)(B) 
     shall not take effect until the end of the 30-day period 
     beginning on the date on which the report is submitted to 
     Congress under this subsection.''.
                                 ______
                                 
  SA 4201. 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. ____. SENSE OF CONGRESS REGARDING PRIORITIZATION OF 
                   BROADBAND DEPLOYMENT FUNDING FOR UNSERVED 
                   AREAS.

        It is the sense of the Senate that--
       (1) deploying high-speed broadband service in rural areas 
     of the United States is one of the highest infrastructure 
     priorities; and
       (2) any funds spent to deploy broadband service across the 
     United States must first address building out broadband 
     infrastructure in unserved areas, which are areas where no 
     household has access to fixed, terrestrial broadband service 
     that is consistently delivered with a speed of not less than 
     25 megabits per second for downloads and 3 megabits per 
     second for uploads.
                                 ______
                                 
  SA 4202. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. PUBLICATION OF INFORMATION ON PERFORMANCE METRICS 
                   AND USE OF INCENTIVE FEES FOR PRIVATIZED 
                   MILITARY HOUSING.

       Section 2891c(b)(1) of title 10, United States Code, is 
     amended, in the matter preceding subparagraph (A), by 
     striking ``make available, upon request of a tenant, at the 
     applicable installation housing office'' and inserting 
     ``publish, on a publicly accessible website,''.
                                 ______
                                 
  SA 4203. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1054. REPORT ON IMPACT OF OPERATION ALLIES WELCOME ON 
                   THE NATIONAL GUARD.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on the impacts of the Afghan resettlement mission, 
     Operation Allies Welcome, on the National Guard. The report 
     shall assess--
       (1) the impacts of the mission on readiness, training, 
     maintenance and equipment, and the ability of the National 
     Guard to support duties under title 10 and title 32, United 
     States Code;
       (2) costs incurred by the National Guard in support of the 
     mission; and
       (3) and any other matters the Secretary of Defense 
     considers appropriate.
                                 ______
                                 
  SA 4204. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr.

[[Page S7661]]

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 IX, add the following:

     SEC. 907. DESIGNATION OF SENIOR OFFICIAL TO COMBAT FOOD 
                   INSECURITY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     designate a senior official of the Department of Defense to 
     be responsible for, and accountable to the Secretary with 
     respect to, combating food insecurity among members of the 
     Armed Forces and their families. The Secretary shall 
     designate the senior official from among individuals who are 
     appointed to a position in the Department by the President, 
     by and with the advice and consent of the Senate.
       (b) Responsibilities.--The senior official designated under 
     subsection (a) shall be responsible for the following:
       (1) Oversight of policy, strategy, and planning for efforts 
     of the Department of Defense to combat food insecurity among 
     members of the Armed Forces and their families.
       (2) Coordinating with other Federal agencies with respect 
     to combating food insecurity.
       (3) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 4205. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VI, add the following:

     SEC. 607. PILOT PROGRAM FOR PROVISION OF FRESH PRODUCE TO 
                   MEMBERS OF ARMED FORCES.

       (a) In General.--The Director of the Defense Commissary 
     Agency shall establish and carry out, during the one-year 
     period following the date of the enactment of this Act, a 
     pilot program under which boxes containing fresh fruit and 
     vegetables are made available, free of charge, to members of 
     the Armed Forces and their families at commissaries.
       (b) Selection of Locations.--The Director shall carry out 
     the pilot program required by subsection (a) at 9 
     commissaries. The Director shall select 3 commissaries from 
     each of the Eastern, Central, and Western commissary regions 
     for purposes of the pilot program.
       (c) Report Required.--Not later than 90 days after the 
     conclusion of the pilot program required by subsection (a), 
     the Director shall submit to the congressional defense 
     committees a report on the pilot program that assesses--
       (1) the effectiveness of the pilot program; and
       (2) the feasibility and advisability of providing boxes 
     containing fresh fruit and vegetables free of charge to 
     members of the Armed Forces and their families at additional 
     commissaries.
       (d) Authorization of Appropriations.--The amount authorized 
     to be appropriated by section 1401 and available as specified 
     in the funding table in section 4501 for the Working Capital 
     Fund for the Defense Commissary Agency is hereby increased by 
     $550,000, with the amount of the increase to be available to 
     carry out the pilot program required by subsection (a).
                                 ______
                                 
  SA 4206. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. STUDY ON FEASIBILITY AND ADVISABILITY OF DEPARTMENT 
                   OF DEFENSE ENTERING INTO COOPERATIVE FIRE 
                   PROTECTION AGREEMENTS WITH STATE OR LOCAL 
                   AGENCIES FOR SHARING RESOURCES IN CONDUCTING 
                   WILDFIRE SUPPRESSION ACTIVITIES.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the feasibility and advisability of the Secretary 
     entering into cooperative fire protection agreements with 
     State or local agencies for sharing resources in conducting 
     wildfire suppression activities.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the study conducted under 
     subsection (a).
                                 ______
                                 
  SA 4207. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1064. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE 
                   TO TRANSFER EXCESS AIRCRAFT TO OTHER 
                   DEPARTMENTS OF THE FEDERAL GOVERNMENT.

       Section 1091 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is 
     amended--
       (1) by striking subsection (c);
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``up to seven''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Expiration of right of refusal.--A right of refusal 
     afforded the Secretary of Agriculture or the Secretary of 
     Homeland Security under paragraph (1) with regards to an 
     aircraft shall expire upon official notice of such Secretary 
     to the Secretary of Defense that such Secretary declines such 
     aircraft.'';
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``wildfire suppression 
     purposes'' and inserting ``purposes of wildfire suppression, 
     search and rescue, or emergency operations pertaining to 
     wildfires''; and
       (B) in paragraph (2), by inserting ``, search and rescue, 
     emergency operations pertaining to wildfires,'' after 
     ``efforts'';
       (4) by striking subsection (f);
       (5) by adding at the end the following new subsection:
       ``(h) Reporting.--Not later than November 1, 2022, and 
     annually thereafter, the Secretary of Defense shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on aircraft transferred, during 
     the fiscal year preceding the date of such report, to--
       ``(1) the Secretary of Agriculture or the Secretary of 
     Homeland Security under this section;
       ``(2) the chief executive officer of a State under section 
     112 of the National Defense Authorization Act for Fiscal Year 
     2012 (Public Law 112-81; 125 Stat. 1318); or
       ``(3) the Secretary of the Air Force or the Secretary of 
     Agriculture under section 1098 of the National Defense 
     Authorization Act for Fiscal Year 2014 (Public Law 113-66; 
     127 Stat. 881).''; and
       (6) by redesignating subsections (d), (e), (g), and (h) as 
     subsections (c), (d), (e), and (f), respectively.
                                 ______
                                 
  SA 4208. 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:

       Add at the appropriate place in title XV, insert the 
     following:

     SEC. 15__. REPORT ON SENSING CAPABILITIES OF THE DEPARTMENT 
                   OF DEFENSE TO ASSIST FIGHTING WILDFIRES.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Director of National Intelligence and 
     such other head of an agency or department as the Secretary 
     determines appropriate, submit to the appropriate 
     congressional committees a report on the capabilities of the 
     Department of Defense to assist fighting wildfires through 
     the use and analysis of satellite and other aerial survey 
     technology.
       (b) Matters Included.--The report under subsection (a) 
     shall include the following:
       (1) An examination of the current and future sensing 
     requirements for the wildfire fighting and analysis 
     community.
       (2) Identification of assets of the Department of Defense 
     and intelligence community that can provide data that is 
     relevant to the requirements under paragraph (1), including 
     an examination of such assets that--
       (A) are currently available;
       (B) are in development; and
       (C) have been formally proposed by a department or agency 
     of the Federal Government, but which have not yet been 
     approved by Congress.
       (3) With respect to the assets identified under paragraph 
     (2)(A), an examination of how close the data such assets 
     provide comes to meeting the wildfire management and 
     suppression community needs.

[[Page S7662]]

       (4) An identification of the total and breakdown of costs 
     reimbursed to the Department of Defense during the five-year 
     period preceding the date of the report for reimbursable 
     requests for assistance from lead departments or agencies of 
     the Federal Government responding to natural disasters, 
     including an assessment of the feasibility of not charging or 
     requiring reimbursement for satellite time used in emergency 
     response for wildfires.
       (5) A discussion of the feasibility of establishing 
     capabilities at civilian agencies such as the National 
     Oceanic and Atmospheric Administration or the National 
     Aeronautics and Space Administration to replicate or 
     supplement the FireGuard program.
       (6) A discussion of issues involved in producing 
     unclassified products using unclassified and classified 
     assets, and policy options for Congress regarding that 
     translation, including by explicitly addressing 
     classification choices that could ease the application of 
     data from such assets to wildfire detection and tracking.
       (7) Identification of options to address gaps between 
     requirements and capabilities to be met by additional 
     solutions, whether from the Department of Defense, the 
     intelligence community, or from the civil or commercial 
     domain.
       (8) A retrospective analysis to determine whether the 
     existing data could have been used to defend against past 
     fires.
       (9) Options for the Department of Defense to assist the 
     Department of Agriculture, the Department of the Interior, 
     the Department of Energy, the National Aeronautics and Space 
     Administration, the National Oceanic and Atmospheric 
     Administration, the National Institute of Standards and 
     Technology, the National Science Foundation, and State and 
     local governments in identifying and responding to wildfires.
       (c) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' means 
     the following:
       (A) The Committee on Armed Services, the Committee on 
     Agriculture, Nutrition, and Forestry, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Energy and Natural Resources, and the Select Committee on 
     Intelligence of the Senate.
       (B) The Committee on Armed Services, the Committee on 
     Agriculture, the Committee on Natural Resources, the 
     Committee on Science, Space, and Technology, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (2) The term ``intelligence community'' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 4209. 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 title XV, insert the 
     following:

     SEC. ___. REPORT ON COMMERCIAL TASKLESS DAILY GLOBAL IMAGERY.

       (a) Report.--Not later than 90 days after enactment, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on commercial taskless daily 
     global imagery.
       (b) Contents.--At a minimum, the report required by 
     subsection (a) shall include the following:
       (1) A description of how the immediate procurement of 
     daily, actionable satellite imagery for intelligence, 
     surveillance, target acquisition, and reconnaissance (ISR), 
     complements existing or nonexistent manned and unmanned 
     intelligence, surveillance, target acquisition, and 
     reconnaissance assets for United States Special Operations 
     Command personnel conducting missions around the world.
       (2) An assessment of the value of having access to global 
     daily taskless satellite imagery, particularly in combatant 
     commands with austere and remote locations such as United 
     States Africa Command and United States Pacific Command, in 
     areas such as the following:
       (A) Global digital elevation or surface model (DEM) 
     generation.
       (B) Identification and analysis of mobility corridor 
     analysis and daily revisits.
       (C) Global identification of underground facility 
     signatures.
       (D) Identifying population and industrial growth.
       (E) Imagery partner sharing restrictions.
       (F) Android Tactical Assault Kit (ATAK) data loading.
       (3) Identification of what intelligence, surveillance, 
     target acquisition, and reconnaissance gaps or shortfalls, 
     including any special operations-specific requirements, that 
     could be addressed through the use of commercial taskless 
     daily global imagery.
       (4) Such recommendation as the Secretary may have for 
     legislative or administrative action to enable greater access 
     to taskless daily global satellite imagery.
       (5) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 4210. 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 V, add the following:

     SEC. 596. REPORT ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS 
                   REGARDING SCREENING INDIVIDUALS WHO SEEK TO 
                   ENLIST IN THE ARMED FORCES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the status of 
     the implementation of the seven recommendations of the Under 
     Secretary of Defense for Personnel and Readiness specified on 
     page 2 of the report titled ``Screening Individuals Who Seek 
     to Enlist in the Armed Forces'' that was submitted to the 
     Committees on Armed Services of the Senate and House of 
     Representatives on October 14, 2020. Such report shall 
     include--
       (1) an identification of the specific timeline for the 
     implementation of such recommendations; and
       (2) comments from the Secretary regarding the feasibility 
     of implementing each recommendation, including a description 
     of any potential barriers to such implementation.
                                 ______
                                 
  SA 4211. 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 E of title XXXI, add the following:

     SEC. 3157. REALIGNMENT OF NATIONAL TECHNICAL NUCLEAR 
                   FORENSICS FROM THE DEPARTMENT OF HOMELAND 
                   SECURITY TO THE DEPARTMENT OF ENERGY.

       (a) Repeal of the Nuclear Forensics and Attribution Act.--
       (1) In general.--The Nuclear Forensics and Attribution Act 
     (Public Law 111-140; 124 Stat. 31) is repealed.
       (2) Conforming amendments to homeland security act of 
     2002.--Subtitle B of title XIX of the Homeland Security Act 
     of 2002 (6 U.S.C. 591g et seq.) is amended--
       (A) in section 1923--
       (i) in subsection (a)--

       (I) by striking ``(a) mission.--'';
       (II) in paragraph (9), by striking the semicolon and 
     inserting ``; and'';
       (III) by striking paragraphs (10), (11), (12), and (13); 
     and
       (IV) by redesignating paragraph (14) as paragraph (10); and

       (ii) by striking subsection (b); and
       (B) in section 1927(a)(1)--
       (i) in subparagraph (A)(ii), by striking the semicolon and 
     inserting ``; and'';
       (ii) in subparagraph (B)(iii), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (C).
       (3) References and construction.--Any reference in any law, 
     regulation, document, paper, or other record of the United 
     States to the National Technical Nuclear Forensics Center 
     established within the Countering Weapons of Mass Destruction 
     Office of the Department of Homeland Security, shall be 
     deemed to be a reference to the National Technical Nuclear 
     Forensics Center established by section 3265 of the National 
     Nuclear Security Administration Act, as added by subsection 
     (b).
       (b) Establishment of a National Technical Nuclear Forensics 
     Center.--
       (1) In general.--Subtitle E of the National Nuclear 
     Security Administration Act (50 U.S.C. 2401 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 3265. ESTABLISHMENT OF NATIONAL TECHNICAL NUCLEAR 
                   FORENSICS CENTER.

       ``(a) Establishment.--There is established within the 
     Administration a National Technical Nuclear Forensics Center 
     (in this section referred to as the `Center').
       ``(b) Mission.--The mission of the Center shall be to 
     coordinate stewardship, planning, assessment, gap analysis, 
     exercises, improvement, expertise development, and 
     integration for all Federal nuclear forensics and attribution 
     activities to ensure an enduring national technical nuclear 
     forensics capability to strengthen the collective response of 
     the United States to nuclear terrorism or other nuclear 
     attacks.''.
       (2) Clerical amendment.--The table of contents for the 
     National Nuclear Security Administration Act is amended by 
     adding after the item relation to section 3264 the following 
     new item:

``Sec. 3265. Establishment of National Technical Nuclear Forensics 
              Center.''.

[[Page S7663]]

       (c) University Nuclear Leadership Program.--Section 313 of 
     the Energy and Water Development and Related Agencies 
     Appropriations Act, 2009 (42 U.S.C. 16274a) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(3) Minority serving institution participation.--
     Notwithstanding section 954(a)(6) of the Energy Research, 
     Development, Demonstration, and Commercial Application Act of 
     2005 (42 U.S.C. 16274(a)(6)), in carrying out programs under 
     this section and section 954 of that Act, each the Secretary, 
     the Administrator, and the Chairman shall prioritize 
     encouraging the participation of historically Black colleges 
     and universities and other minority serving institutions.''; 
     and
       (2) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (4); and
       (B) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) Historically black college and university.-- The term 
     `historically Black college and university' has the meaning 
     given the term `part B institution' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       ``(3) Minority serving institution.--The term `minority 
     serving institution' means an institution described in 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).''.
                                 ______
                                 
  SA 4212. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 318. AUTHORIZATION OF APPROPRIATIONS FOR MODULAR 
                   AIRBORNE FIRE FIGHTING SYSTEMS.

       There are authorized to be appropriated to the Department 
     of Defense $15,000,000 for fiscal year 2022 for the Modular 
     Airborne Fire Fighting Systems.
                                 ______
                                 
  SA 4213. 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 E of title V, add the following:

     SEC. 576. WILDLAND FIREFIGHTING TRAINING FOR NATIONAL GUARD.

       The Secretary of Defense, in consultation with the Chief of 
     the National Guard Bureau, shall prescribe regulations 
     providing for regular wildland firefighting training for 
     members of the National Guard as a core mission of the Guard.
                                 ______
                                 
  SA 4214. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. COMPTROLLER GENERAL STUDY ON MANAGEMENT BY 
                   DEPARTMENT OF DEFENSE OF MILITARY HOUSING IN 
                   AREAS WITH LIMITED AVAILABLE HOUSING FOR 
                   PRIVATE CITIZENS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on the management by the 
     Department of Defense of privatized military housing and 
     military housing owned by the Department in areas with 
     limited available housing for private citizens.
       (b) Elements.--In conducting the study under subsection 
     (a), the Comptroller General shall assess the following:
       (1) The extent to which the Department--
       (A) tracks the availability of private sector housing in 
     areas surrounding installations of the Department;
       (B) identifies the percentage of members of the Armed 
     Forces at installations of the Department who choose to 
     reside in private sector housing; and
       (C) assesses the impact of the population identified under 
     subparagraph (B) on the housing supply in the areas in which 
     they reside.
       (2) How the Department coordinates and communicates with 
     local communities surrounding installations of the Department 
     regarding the potential impact of the military population on 
     housing supply.
       (3) The process of the Department for determining when to 
     establish new privatized housing projects under subchapter IV 
     of chapter 169 of title 10, United States Code, including the 
     extent to which the Department has identified surplus land on 
     installations of the Department and determined the 
     feasibility and advisability of using such land for the 
     development of additional housing units for members of the 
     Armed Forces.
       (c) Housing Areas.--In conducting the study under 
     subsection (a), the Comptroller General may focus such study 
     on the management of military housing in certain geographical 
     areas.
       (d) Briefing and Report.--
       (1) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Comptroller General shall provide 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives an interim briefing on the study 
     conducted under subsection (a), including any preliminary 
     observations..
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the study conducted 
     under subsection (a).
       (e) Privatized Military Housing Defined.--In this section, 
     the term ``privatized military housing'' means military 
     housing provided under subchapter IV of chapter 169 of title 
     10, United States Code.
                                 ______
                                 
  SA 4215. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

             DIVISION E--CALIFORNIA PUBLIC LAND PROTECTION

  TITLE LI--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING 
                                FORESTS

     SEC. 5101. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (2) State.--The term ``State'' means the State of 
     California.

            Subtitle A--Restoration and Economic Development

     SEC. 5111. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.

       (a) Definitions.--In this section:
       (1) Collaboratively developed.--The term ``collaboratively 
     developed'' means, with respect to a restoration project, the 
     development and implementation of the restoration project 
     through a collaborative process that--
       (A) includes--
       (i) appropriate Federal, State, and local agencies; and
       (ii) multiple interested persons representing diverse 
     interests; and
       (B) is transparent and nonexclusive.
       (2) Plantation.--The term ``plantation'' means a forested 
     area that has been artificially established by planting or 
     seeding.
       (3) Restoration.--The term ``restoration'' means the 
     process of assisting the recovery of an ecosystem that has 
     been degraded, damaged, or destroyed by establishing the 
     composition, structure, pattern, and ecological processes 
     necessary to facilitate terrestrial and aquatic ecosystem 
     sustainability, resilience, and health under current and 
     future conditions.
       (4) Restoration area.--The term ``restoration area'' means 
     the South Fork Trinity-Mad River Restoration Area established 
     by subsection (b).
       (5) Shaded fuel break.--The term ``shaded fuel break'' 
     means a vegetation treatment that--
       (A) effectively addresses all slash generated by a project; 
     and
       (B) retains, to the maximum extent practicable--
       (i) adequate canopy cover to suppress plant regrowth in the 
     forest understory following treatment;
       (ii) the longest living trees that provide the most shade 
     over the longest period of time;
       (iii) the healthiest and most vigorous trees with the 
     greatest potential for crown growth in--

       (I) plantations; and
       (II) natural stands adjacent to plantations; and

       (iv) mature hardwoods.
       (6) Stewardship contract.--The term ``stewardship 
     contract'' means an agreement or contract entered into under 
     section 604 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6591c).

[[Page S7664]]

       (7) Wildland-urban interface.--The term ``wildland-urban 
     interface'' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (b) Establishment.--Subject to valid existing rights, there 
     is established the South Fork Trinity-Mad River Restoration 
     Area, comprising approximately 871,414 acres of Federal land 
     administered by the Forest Service and the Bureau of Land 
     Management, as generally depicted on the map entitled ``South 
     Fork Trinity-Mad River Restoration Area'' and dated May 15, 
     2020.
       (c) Purposes.--The purposes of the restoration area are--
       (1) to establish, restore, and maintain fire-resilient late 
     successional forest structures characterized by large trees 
     and multistoried canopies, as ecologically appropriate, in 
     the restoration area;
       (2) to protect late successional reserves in the 
     restoration area;
       (3) to enhance the restoration of Federal land in the 
     restoration area;
       (4) to reduce the threat posed by wildfires to communities 
     in or in the vicinity of the restoration area;
       (5) to protect and restore aquatic habitat and anadromous 
     fisheries;
       (6) to protect the quality of water within the restoration 
     area; and
       (7) to allow visitors to enjoy the scenic, recreational, 
     natural, cultural, and wildlife values of the restoration 
     area.
       (d) Management.--
       (1) In general.--The Secretary shall manage the restoration 
     area--
       (A) in a manner--
       (i) consistent with the purposes described in subsection 
     (c); and
       (ii) in the case of the Forest Service, that prioritizes 
     the restoration of the restoration area over other 
     nonemergency vegetation management projects on the portions 
     of the Six Rivers and Shasta-Trinity National Forests in 
     Humboldt and Trinity Counties, California;
       (B) in accordance with an agreement entered into by the 
     Chief of the Forest Service and the Director of the United 
     States Fish and Wildlife Service--
       (i) for cooperation to ensure the timely consultation 
     required under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) on restoration projects within the 
     restoration area; and
       (ii) to maintain and exchange information on planning 
     schedules and priorities with respect to the restoration area 
     on a regular basis;
       (C) in accordance with--
       (i) the laws (including regulations) and rules applicable 
     to the National Forest System, with respect to land managed 
     by the Forest Service;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.), with respect to land managed by the 
     Bureau of Land Management;
       (iii) this title; and
       (iv) any other applicable law (including regulations); and
       (D) in a manner consistent with congressional intent that 
     consultation for restoration projects within the restoration 
     area be completed in a timely and efficient manner.
       (2) Conflict of laws.--
       (A) In general.--The establishment of the restoration area 
     shall not modify the management status of any land or water 
     that is designated as a component of the National Wilderness 
     Preservation System or the National Wild and Scenic Rivers 
     System, including land or water designated as a component of 
     the National Wilderness Preservation System or the National 
     Wild and Scenic Rivers System by this title (including an 
     amendment made by this title).
       (B) Resolution of conflict.--If there is a conflict between 
     a law applicable to a component described in subparagraph (A) 
     and this section, the more restrictive provision shall 
     control.
       (3) Uses.--
       (A) In general.--The Secretary shall only allow uses of the 
     restoration area that the Secretary determines would further 
     the purposes described in subsection (c).
       (B) Priority.--The Secretary shall give priority to 
     restoration activities within the restoration area.
       (C) Limitation.--Nothing in this section limits the ability 
     of the Secretary to plan, approve, or prioritize activities 
     outside of the restoration area.
       (4) Wildland fire.--
       (A) In general.--Nothing in this section prohibits the 
     Secretary, in cooperation with Federal, State, and local 
     agencies, as appropriate, from conducting wildland fire 
     operations in the restoration area, consistent with the 
     purposes of this section.
       (B) Priority.--To the maximum extent practicable, the 
     Secretary may use prescribed burning and managed wildland 
     fire to achieve the purposes of this section.
       (5) Road decommissioning.--
       (A) Definition of decommission.--In this paragraph, the 
     term ``decommission'' means, with respect to a road--
       (i) to reestablish vegetation on the road; and
       (ii) to restore any natural drainage, watershed function, 
     or other ecological process that is disrupted or adversely 
     impacted by the road by removing or hydrologically 
     disconnecting the road prism.
       (B) Decommissioning.--To the maximum extent practicable, 
     the Secretary shall decommission any unneeded National Forest 
     System road or any unauthorized road identified for 
     decommissioning within the restoration area--
       (i) subject to appropriations;
       (ii) consistent with the analysis required under subparts A 
     and B of part 212 of title 36, Code of Federal Regulations 
     (or successor regulations); and
       (iii) in accordance with existing law.
       (C) Additional requirement.--In making determinations with 
     respect to the decommissioning of a road under subparagraph 
     (B), the Secretary shall consult with--
       (i) appropriate State, Tribal, and local governmental 
     entities; and
       (ii) members of the public.
       (6) Vegetation management.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the Secretary may carry out any vegetation management 
     projects in the restoration area that the Secretary 
     determines to be necessary--
       (i) to maintain or restore the characteristics of ecosystem 
     composition and structure;
       (ii) to reduce wildfire risk to the community by promoting 
     forests that are fire resilient;
       (iii) to improve the habitat of threatened species, 
     endangered species, or sensitive species;
       (iv) to protect or improve water quality; or
       (v) to enhance the restoration of land within the 
     restoration area.
       (B) Additional requirements.--
       (i) Shaded fuel breaks.--In carrying out subparagraph (A), 
     the Secretary shall prioritize, as practicable, the 
     establishment in the restoration area of a network of shaded 
     fuel breaks within--

       (I) any portion of the wildland-urban interface that is 
     within 150 feet of private property contiguous to Federal 
     land;
       (II) on the condition that the Secretary includes 
     vegetation treatments within a minimum of 25 feet of a road 
     that is open to motorized vehicles as of the date of 
     enactment of this Act if practicable, feasible, and 
     appropriate as part of any shaded fuel break--

       (aa) 150 feet of the road; or
       (bb) as topography or other conditions require, 275 feet of 
     the road, if the combined total width of the shaded fuel 
     breaks for both sides of the road does not exceed 300 feet; 
     or

       (III) 150 feet of any plantation.

       (ii) Plantations; riparian reserves.--The Secretary may 
     carry out vegetation management projects--

       (I) in an area within the restoration area in which a fish 
     or wildlife habitat is significantly compromised as a result 
     of past management practices (including plantations); and
       (II) in designated riparian reserves in the restoration 
     area, as the Secretary determines to be necessary--

       (aa) to maintain the integrity of fuel breaks; or
       (bb) to enhance fire resilience.
       (C) Applicable law.--The Secretary shall carry out 
     vegetation management projects in the restoration area--
       (i) in accordance with--

       (I) this section; and
       (II) applicable law (including regulations);

       (ii) after providing an opportunity for public comment; and
       (iii) subject to appropriations.
       (D) Best available science.--The Secretary shall use the 
     best available science in planning and carrying out 
     vegetation management projects in the restoration area.
       (7) Grazing.--
       (A) Existing grazing.--The grazing of livestock in the 
     restoration area, where established before the date of 
     enactment of this Act, shall be permitted to continue--
       (i) subject to such reasonable regulations, policies, and 
     practices as the Secretary considers to be necessary;
       (ii) in accordance with applicable law (including 
     regulations); and
       (iii) in a manner consistent with the purposes described in 
     subsection (c).
       (B) Targeted new grazing.--The Secretary may issue annual 
     targeted grazing permits for the grazing of livestock in an 
     area of the restoration area in which the grazing of 
     livestock is not authorized before the date of enactment of 
     this Act to control noxious weeds, aid in the control of 
     wildfire within the wildland-urban interface, or provide 
     other ecological benefits--
       (i) subject to such reasonable regulations, policies, and 
     practices as the Secretary considers to be necessary; and
       (ii) in a manner consistent with the purposes described in 
     subsection (c).
       (C) Best available science.--The Secretary shall use the 
     best available science in determining whether to issue 
     targeted grazing permits under subparagraph (B) within the 
     restoration area.
       (e) Withdrawal.--Subject to valid existing rights, the 
     restoration area is withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.
       (f) Use of Stewardship Contracts.--To the maximum extent 
     practicable, the Secretary shall--
       (1) use stewardship contracts to carry out this section; 
     and
       (2) use revenue derived from stewardship contracts under 
     paragraph (1) to carry out restoration and other activities 
     within the

[[Page S7665]]

     restoration area, including staff and administrative costs to 
     support timely consultation activities for restoration 
     projects.
       (g) Collaboration.--In developing and carrying out 
     restoration projects in the restoration area, the Secretary 
     shall consult with collaborative groups with an interest in 
     the restoration area.
       (h) Environmental Review.--A collaboratively developed 
     restoration project within the restoration area may be 
     carried out in accordance with the provisions for hazardous 
     fuel reduction projects in sections 104, 105, and 106 of the 
     Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514, 
     6515, 6516), as applicable.
       (i) Multiparty Monitoring.--The Secretary of Agriculture 
     shall--
       (1) in collaboration with the Secretary of the Interior and 
     interested persons, use a multiparty monitoring, evaluation, 
     and accountability process to assess the positive or negative 
     ecological, social, and economic effects of restoration 
     projects within the restoration area; and
       (2) incorporate the monitoring results into the management 
     of the restoration area.
       (j) Available Authorities.--The Secretary shall use any 
     available authorities to secure the funding necessary to 
     fulfill the purposes of the restoration area.
       (k) Forest Residues Utilization.--
       (1) In general.--In accordance with applicable law 
     (including regulations) and this section, the Secretary may 
     use forest residues from restoration projects, including 
     shaded fuel breaks, in the restoration area for research and 
     development of biobased products that result in net carbon 
     sequestration.
       (2) Partnerships.--In carrying out paragraph (1), the 
     Secretary may enter into partnerships with institutions of 
     higher education, nongovernmental organizations, industry, 
     Tribes, and Federal, State, and local governmental agencies.

     SEC. 5112. REDWOOD NATIONAL AND STATE PARKS RESTORATION.

       (a) Partnership Agreements.--The Secretary of the Interior 
     may carry out initiatives to restore degraded redwood forest 
     ecosystems in Redwood National and State Parks in partnership 
     with the State, local agencies, and nongovernmental 
     organizations.
       (b) Applicable Law.--In carrying out an initiative under 
     subsection (a), the Secretary of the Interior shall comply 
     with applicable law.

     SEC. 5113. CALIFORNIA PUBLIC LAND REMEDIATION PARTNERSHIP.

       (a) Definitions.--In this section:
       (1) Partnership.--The term ``partnership'' means the 
     California Public Land Remediation Partnership established by 
     subsection (b).
       (2) Priority land.--The term ``priority land'' means 
     Federal land in the State that is determined by the 
     partnership to be a high priority for remediation.
       (3) Remediation.--
       (A) In general.--The term ``remediation'' means to 
     facilitate the recovery of land or water that has been 
     degraded, damaged, or destroyed by illegal marijuana 
     cultivation or another illegal activity.
       (B) Inclusions.--The term ``remediation'' includes--
       (i) the removal of trash, debris, or other material; and
       (ii) establishing the composition, structure, pattern, and 
     ecological processes necessary to facilitate terrestrial or 
     aquatic ecosystem sustainability, resilience, or health under 
     current and future conditions.
       (b) Establishment.--There is established the California 
     Public Land Remediation Partnership.
       (c) Purposes.--The purposes of the partnership are--
       (1) to coordinate the activities of Federal, State, Tribal, 
     and local authorities and the private sector in the 
     remediation of priority land in the State affected by illegal 
     marijuana cultivation or another illegal activity; and
       (2) to use the resources and expertise of each agency, 
     authority, or entity referred to in paragraph (1) in 
     implementing remediation activities on priority land in the 
     State.
       (d) Membership.--The members of the partnership shall 
     include the following:
       (1) The Secretary of Agriculture (or a designee) to 
     represent the Forest Service.
       (2) The Secretary of the Interior (or a designee) to 
     represent--
       (A) the United States Fish and Wildlife Service;
       (B) the Bureau of Land Management; and
       (C) the National Park Service.
       (3) The Director of the Office of National Drug Control 
     Policy (or a designee).
       (4) The Secretary of the State Natural Resources Agency (or 
     a designee) to represent the California Department of Fish 
     and Wildlife.
       (5) A designee of the California State Water Resources 
     Control Board.
       (6) A designee of the California State Sheriffs' 
     Association.
       (7) 1 member to represent federally recognized Indian 
     Tribes, to be appointed by the Secretary of Agriculture.
       (8) 1 member to represent nongovernmental organizations 
     with an interest in Federal land remediation, to be appointed 
     by the Secretary of Agriculture.
       (9) 1 member to represent local governmental interests, to 
     be appointed by the Secretary of Agriculture.
       (10) A law enforcement official from each of the following:
       (A) The Department of the Interior.
       (B) The Department of Agriculture.
       (11) A scientist to provide expertise and advice on methods 
     needed for remediation efforts, to be appointed by the 
     Secretary of Agriculture.
       (12) A designee of the National Guard Counterdrug Program.
       (e) Duties.--To further the purposes of this section, the 
     partnership shall--
       (1) identify priority land for remediation in the State;
       (2) secure resources from Federal sources and non-Federal 
     sources for remediation of priority land in the State;
       (3) support efforts by Federal, State, Tribal, and local 
     agencies and nongovernmental organizations in carrying out 
     remediation of priority land in the State;
       (4) support research and education on the impacts of, and 
     solutions to, illegal marijuana cultivation and other illegal 
     activities on priority land in the State;
       (5) involve other Federal, State, Tribal, and local 
     agencies, nongovernmental organizations, and the public in 
     remediation efforts on priority land in the State, to the 
     maximum extent practicable; and
       (6) carry out any other administrative or advisory 
     activities necessary to address remediation of priority land 
     in the State.
       (f) Authorities.--Subject to the prior approval of the 
     Secretary of Agriculture, the partnership may--
       (1) provide grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with, or provide 
     technical assistance to, the State, political subdivisions of 
     the State, nonprofit organizations, Federal agencies, and 
     other interested persons;
       (3) hire and compensate staff;
       (4) obtain funds or services from any source, including--
       (A) Federal funds (including funds and services provided 
     under any other Federal law or program); and
       (B) non-Federal funds;
       (5) contract for goods or services; and
       (6) support --
       (A) activities of partners; and
       (B) any other activities that further the purposes of this 
     section.
       (g) Procedures.--The partnership shall establish any rules 
     and procedures that the partnership determines to be 
     necessary or appropriate.
       (h) Local Hiring.--The partnership shall, to the maximum 
     extent practicable and in accordance with existing law, give 
     preference to local entities and individuals in carrying out 
     this section.
       (i) Service Without Compensation.--A member of the 
     partnership shall serve without pay.
       (j) Duties and Authorities of the Secretaries.--
       (1) In general.--The Secretary of Agriculture shall convene 
     the partnership on a regular basis to carry out this section.
       (2) Technical and financial assistance.--The Secretary of 
     Agriculture and the Secretary of the Interior may provide 
     technical and financial assistance, on a reimbursable or 
     nonreimbursable basis, as determined to be appropriate by the 
     Secretary of Agriculture or the Secretary of the Interior, as 
     applicable, to the partnership or any members of the 
     partnership to carry out this section.
       (3) Cooperative agreements.--The Secretary of Agriculture 
     and the Secretary of the Interior may enter into cooperative 
     agreements with the partnership, any member of the 
     partnership, or other public or private entities to provide 
     technical, financial, or other assistance to carry out this 
     section.

     SEC. 5114. TRINITY LAKE VISITOR CENTER.

       (a) In General.--The Secretary of Agriculture, acting 
     through the Chief of the Forest Service (referred to in this 
     section as the ``Secretary''), may establish, in cooperation 
     with any other public or private entity that the Secretary 
     determines to be appropriate, a visitor center in 
     Weaverville, California--
       (1) to serve visitors; and
       (2) to assist in fulfilling the purposes of the 
     Whiskeytown-Shasta-Trinity National Recreation Area.
       (b) Requirements.--The Secretary shall ensure that the 
     visitor center authorized under subsection (a) is designed to 
     provide for the interpretation of the scenic, biological, 
     natural, historical, scientific, paleontological, 
     recreational, ecological, wilderness, and cultural resources 
     of the Whiskeytown-Shasta-Trinity National Recreation Area 
     and other Federal land in the vicinity of the visitor center.
       (c) Cooperative Agreements.--In a manner consistent with 
     this section, the Secretary may enter into cooperative 
     agreements with the State and any other appropriate 
     institutions and organizations to carry out the purposes of 
     this section.

     SEC. 5115. DEL NORTE COUNTY VISITOR CENTER.

       (a) In General.--The Secretary of Agriculture and the 
     Secretary of the Interior, acting jointly or separately 
     (referred to in this section as the ``Secretaries''), may 
     establish, in cooperation with any other public or private 
     entity that the Secretaries determine to be appropriate, a 
     visitor center in Del Norte County, California--
       (1) to serve visitors; and
       (2) to assist in fulfilling the purposes of Redwood 
     National and State Parks, the Smith River National Recreation 
     Area, and any other Federal land in the vicinity of the 
     visitor center.

[[Page S7666]]

       (b) Requirements.--The Secretaries shall ensure that the 
     visitor center authorized under subsection (a) is designed to 
     interpret the scenic, biological, natural, historical, 
     scientific, paleontological, recreational, ecological, 
     wilderness, and cultural resources of Redwood National and 
     State Parks, the Smith River National Recreation Area, and 
     any other Federal land in the vicinity of the visitor center.

     SEC. 5116. MANAGEMENT PLANS.

       (a) In General.--In revising the land and resource 
     management plan for each of the Shasta-Trinity, Six Rivers, 
     Klamath, and Mendocino National Forests, the Secretary 
     shall--
       (1) consider the purposes of the South Fork Trinity-Mad 
     River Restoration Area established by section 5111(b); and
       (2) include or update the fire management plan for a 
     wilderness area or wilderness addition established by this 
     title.
       (b) Requirement.--In making the revisions under subsection 
     (a), the Secretary shall--
       (1) develop spatial fire management plans in accordance 
     with--
       (A) the Guidance for Implementation of Federal Wildland 
     Fire Management Policy, dated February 13, 2009, including 
     any amendments to the guidance; and
       (B) other appropriate policies;
       (2) ensure that a fire management plan--
       (A) considers how prescribed or managed fire can be used to 
     achieve ecological management objectives of wilderness and 
     other natural or primitive areas; and
       (B) in the case of a wilderness area to which land is added 
     under section 5131, provides consistent direction regarding 
     fire management to the entire wilderness area, including the 
     wilderness addition;
       (3) consult with--
       (A) appropriate State, Tribal, and local governmental 
     entities; and
       (B) members of the public; and
       (4) comply with applicable law (including regulations).

     SEC. 5117. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT 
                   ACCOMMODATIONS.

       (a) Study.--The Secretary of the Interior (referred to in 
     this section as the ``Secretary''), in consultation with 
     interested Federal, State, Tribal, and local entities and 
     private and nonprofit organizations, shall conduct a study to 
     evaluate the feasibility and suitability of establishing 
     overnight accommodations near Redwood National and State 
     Parks on--
       (1) Federal land that is--
       (A) at the northern boundary of Redwood National and State 
     Parks; or
       (B) on land within 20 miles of the northern boundary of 
     Redwood National and State Parks; and
       (2) Federal land that is--
       (A) at the southern boundary of Redwood National and State 
     Parks; or
       (B) on land within 20 miles of the southern boundary of 
     Redwood National and State Parks.
       (b) Partnerships.--
       (1) Agreements authorized.--If the Secretary determines, 
     based on the study conducted under subsection (a), that 
     establishing the accommodations described in that subsection 
     is suitable and feasible, the Secretary may, in accordance 
     with applicable law, enter into 1 or more agreements with 
     qualified private and nonprofit organizations for the 
     development, operation, and maintenance of the 
     accommodations.
       (2) Contents.--Any agreement entered into under paragraph 
     (1) shall clearly define the role and responsibility of the 
     Secretary and the private or nonprofit organization entering 
     into the agreement.
       (3) Effect.--Nothing in this subsection--
       (A) reduces or diminishes the authority of the Secretary to 
     manage land and resources under the jurisdiction of the 
     Secretary; or
       (B) amends or modifies the application of any law 
     (including regulations) applicable to land under the 
     jurisdiction of the Secretary.

                         Subtitle B--Recreation

     SEC. 5121. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.

       (a) Establishment.--Subject to valid existing rights, there 
     is established the Horse Mountain Special Management Area 
     (referred to in this section as the ``special management 
     area'') comprising approximately 7,482 acres of Federal land 
     administered by the Forest Service in Humboldt County, 
     California, as generally depicted on the map entitled ``Horse 
     Mountain Special Management Area'' and dated May 15, 2020.
       (b) Purpose.--The purpose of the special management area is 
     to enhance the recreational and scenic values of the special 
     management area while conserving the plants, wildlife, and 
     other natural resource values of the area.
       (c) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act and in accordance with paragraph (2), 
     the Secretary of Agriculture (referred to in this section as 
     the ``Secretary'') shall develop a comprehensive plan for the 
     long-term management of the special management area.
       (2) Consultation.--In developing the management plan 
     required under paragraph (1), the Secretary shall consult 
     with--
       (A) appropriate State, Tribal, and local governmental 
     entities; and
       (B) members of the public.
       (3) Additional requirement.--The management plan required 
     under paragraph (1) shall ensure that recreational use within 
     the special management area does not cause significant 
     adverse impacts on the plants and wildlife of the special 
     management area.
       (d) Management.--
       (1) In general.--The Secretary shall manage the special 
     management area--
       (A) in furtherance of the purpose described in subsection 
     (b); and
       (B) in accordance with--
       (i) the laws (including regulations) generally applicable 
     to the National Forest System;
       (ii) this section; and
       (iii) any other applicable law (including regulations).
       (2) Recreation.--The Secretary shall continue to authorize, 
     maintain, and enhance the recreational use of the special 
     management area, including hunting, fishing, camping, hiking, 
     hang gliding, sightseeing, nature study, horseback riding, 
     rafting, mountain bicycling, motorized recreation on 
     authorized routes, and other recreational activities, if the 
     recreational use is consistent with--
       (A) the purpose of the special management area;
       (B) this section;
       (C) other applicable law (including regulations); and
       (D) any applicable management plans.
       (3) Motorized vehicles.--
       (A) In general.--Except as provided in subparagraph (B), 
     the use of motorized vehicles in the special management area 
     shall be permitted only on roads and trails designated for 
     the use of motorized vehicles.
       (B) Use of snowmobiles.--The winter use of snowmobiles 
     shall be allowed in the special management area--
       (i) during periods of adequate snow coverage during the 
     winter season; and
       (ii) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (4) New trails.--
       (A) In general.--The Secretary may construct new trails for 
     motorized or nonmotorized recreation within the special 
     management area in accordance with--
       (i) the laws (including regulations) generally applicable 
     to the National Forest System;
       (ii) this section; and
       (iii) any other applicable law (including regulations).
       (B) Priority.--In establishing new trails within the 
     special management area, the Secretary shall--
       (i) prioritize the establishment of loops that provide 
     high-quality, diverse recreational experiences; and
       (ii) consult with members of the public.
       (e) Withdrawal.--Subject to valid existing rights, the 
     special management area is withdrawn from--
       (1) all forms of appropriation or disposal under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under laws relating to mineral and 
     geothermal leasing.

     SEC. 5122. BIGFOOT NATIONAL RECREATION TRAIL.

       (a) Feasibility Study.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Agriculture 
     (referred to in this section as the ``Secretary''), in 
     cooperation with the Secretary of the Interior, shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a study that describes the feasibility of 
     establishing a nonmotorized Bigfoot National Recreation Trail 
     that follows the route described in paragraph (2).
       (2) Route.--The route referred to in paragraph (1) shall 
     extend from the Ides Cove Trailhead in the Mendocino National 
     Forest to Crescent City, California, following the route as 
     generally depicted on the map entitled ``Bigfoot National 
     Recreation Trail--Proposed'' and dated July 25, 2018.
       (3) Additional requirement.--In completing the study 
     required under paragraph (1), the Secretary shall consult 
     with--
       (A) appropriate Federal, State, Tribal, regional, and local 
     agencies;
       (B) private landowners;
       (C) nongovernmental organizations; and
       (D) members of the public.
       (b) Designation.--
       (1) In general.--On a determination by the Secretary that 
     the Bigfoot National Recreation Trail is feasible and meets 
     the requirements for a National Recreation Trail under 
     section 4 of the National Trails System Act (16 U.S.C. 1243), 
     the Secretary shall designate the Bigfoot National Recreation 
     Trail (referred to in this section as the ``trail'') in 
     accordance with--
       (A) the National Trails System Act (16 U.S.C. 1241 et seq.)
       (B) this title; and
       (C) other applicable law (including regulations).
       (2) Administration.--On designation by the Secretary, the 
     trail shall be administered by the Secretary, in consultation 
     with--
       (A) other Federal, State, Tribal, regional, and local 
     agencies;
       (B) private landowners; and
       (C) other interested organizations.
       (3) Private property rights.--
       (A) In general.--No portions of the trail may be located on 
     non-Federal land without the written consent of the 
     landowner.
       (B) Prohibition.--The Secretary shall not acquire for the 
     trail any land or interest in land outside the exterior 
     boundary of any federally managed area without the consent of 
     the owner of the land or interest in the land.

[[Page S7667]]

       (C) Effect.--Nothing in this section--
       (i) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to private property; or
       (ii) modifies any provision of Federal, State, or local law 
     with respect to public access to or use of private land.
       (c) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into cooperative agreements with 
     State, Tribal, and local government entities and private 
     entities--
       (1) to complete necessary trail construction, 
     reconstruction, realignment, or maintenance; or
       (2) carry out education projects relating to the trail.
       (d) Map.--
       (1) Map required.--On designation of the trail, the 
     Secretary shall prepare a map of the trail.
       (2) Public availability.--The map referred to in paragraph 
     (1) shall be on file and available for public inspection in 
     the appropriate offices of the Forest Service.

     SEC. 5123. ELK CAMP RIDGE RECREATION TRAIL.

       (a) Designation.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary of Agriculture (referred to in this section as the 
     ``Secretary''), after providing an opportunity for public 
     comment, shall designate a trail (which may include a system 
     of trails)--
       (A) for use by off-highway vehicles, mountain bicycles, or 
     both; and
       (B) to be known as the ``Elk Camp Ridge Recreation Trail'' 
     (referred to in this section as the ``trail'').
       (2) Requirements.--In designating the trail under paragraph 
     (1), the Secretary shall only include routes that are--
       (A) as of the date of enactment of this Act, authorized for 
     use by off-highway vehicles, mountain bicycles, or both; and
       (B) located on land that is managed by the Forest Service 
     in Del Norte County in the State.
       (3) Map.--A map that depicts the trail shall be on file and 
     available for public inspection in the appropriate offices of 
     the Forest Service.
       (b) Management.--
       (1) In general.--The Secretary shall manage the trail--
       (A) in accordance with applicable law (including 
     regulations);
       (B) in a manner that ensures the safety of citizens who use 
     the trail; and
       (C) in a manner that minimizes any damage to sensitive 
     habitat or cultural resources.
       (2) Monitoring; evaluation.--To minimize the impacts of the 
     use of the trail on environmental and cultural resources, the 
     Secretary shall annually assess the effects of the use of 
     off-highway vehicles and mountain bicycles on--
       (A) the trail;
       (B) land located in proximity to the trail; and
       (C) plants, wildlife, and wildlife habitat.
       (3) Closure.--The Secretary, in consultation with the State 
     and Del Norte County in the State and subject to paragraph 
     (4), may temporarily close or permanently reroute a portion 
     of the trail if the Secretary determines that--
       (A) the trail is having an adverse impact on--
       (i) wildlife habitat;
       (ii) natural resources;
       (iii) cultural resources; or
       (iv) traditional uses;
       (B) the trail threatens public safety; or
       (C) closure of the trail is necessary--
       (i) to repair damage to the trail; or
       (ii) to repair resource damage.
       (4) Rerouting.--Any portion of the trail that is 
     temporarily closed by the Secretary under paragraph (3) may 
     be permanently rerouted along any road or trail--
       (A) that is--
       (i) in existence as of the date of the closure of the 
     portion of the trail;
       (ii) located on public land; and
       (iii) open to motorized or mechanized use; and
       (B) if the Secretary determines that rerouting the portion 
     of the trail would not significantly increase or decrease the 
     length of the trail.
       (5) Notice of available routes.--The Secretary shall ensure 
     that visitors to the trail have access to adequate notice 
     relating to the availability of trail routes through--
       (A) the placement of appropriate signage along the trail; 
     and
       (B) the distribution of maps, safety education materials, 
     and other information that the Secretary determines to be 
     appropriate.
       (c) Effect.--Nothing in this section affects the ownership, 
     management, or other rights relating to any non-Federal land 
     (including any interest in any non-Federal land).

     SEC. 5124. TRINITY LAKE TRAIL.

       (a) Trail Construction.--
       (1) Feasibility study.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary shall study the 
     feasibility and public interest of constructing a 
     recreational trail for nonmotorized uses around Trinity Lake 
     (referred to in this section as the ``trail'').
       (2) Construction.--
       (A) Construction authorized.--Subject to appropriations, 
     and in accordance with paragraph (3), if the Secretary 
     determines under paragraph (1) that the construction of the 
     trail is feasible and in the public interest, the Secretary 
     may provide for the construction of the trail.
       (B) Use of volunteer services and contributions.--The trail 
     may be constructed under this section through the acceptance 
     of volunteer services and contributions from non-Federal 
     sources to reduce or eliminate the need for Federal 
     expenditures to construct the trail.
       (3) Compliance.--In carrying out this section, the 
     Secretary shall comply with--
       (A) the laws (including regulations) generally applicable 
     to the National Forest System; and
       (B) this title.
       (b) Effect.--Nothing in this section affects the ownership, 
     management, or other rights relating to any non-Federal land 
     (including any interest in any non-Federal land).

     SEC. 5125. TRAILS STUDY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Agriculture, in 
     accordance with subsection (b) and in consultation with 
     interested parties, shall conduct a study to improve 
     motorized and nonmotorized recreation trail opportunities 
     (including mountain bicycling) on land not designated as 
     wilderness within the portions of the Six Rivers, Shasta-
     Trinity, and Mendocino National Forests located in Del Norte, 
     Humboldt, Trinity, and Mendocino Counties in the State.
       (b) Consultation.--In carrying out the study under 
     subsection (a), the Secretary of Agriculture shall consult 
     with the Secretary of the Interior regarding opportunities to 
     improve, through increased coordination, recreation trail 
     opportunities on land under the jurisdiction of the Secretary 
     of the Interior that shares a boundary with the National 
     Forest System land described in subsection (a).

     SEC. 5126. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.

       (a) Trail Construction.--
       (1) Feasibility study.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of Agriculture 
     (referred to in this section as the ``Secretary'') shall 
     study the feasibility and public interest of constructing 
     recreational trails for mountain bicycling and other 
     nonmotorized uses on the routes as generally depicted in the 
     report entitled ``Trail Study for Smith River National 
     Recreation Area Six Rivers National Forest'' and dated 2016.
       (2) Construction.--
       (A) Construction authorized.--Subject to appropriations and 
     in accordance with paragraph (3), if the Secretary determines 
     under paragraph (1) that the construction of 1 or more routes 
     described in that paragraph is feasible and in the public 
     interest, the Secretary may provide for the construction of 
     the routes.
       (B) Modifications.--The Secretary may modify the routes, as 
     determined to be necessary by the Secretary.
       (C) Use of volunteer services and contributions.--Routes 
     may be constructed under this section through the acceptance 
     of volunteer services and contributions from non-Federal 
     sources to reduce or eliminate the need for Federal 
     expenditures to construct the route.
       (3) Compliance.--In carrying out this section, the 
     Secretary shall comply with--
       (A) the laws (including regulations) generally applicable 
     to the National Forest System; and
       (B) this title.
       (b) Effect.--Nothing in this section affects the ownership, 
     management, or other rights relating to any non-Federal land 
     (including any interest in any non-Federal land).

     SEC. 5127. PARTNERSHIPS.

       (a) Agreements Authorized.--The Secretary may enter into 
     agreements with qualified private and nonprofit organizations 
     to carry out the following activities on Federal land in 
     Mendocino, Humboldt, Trinity, and Del Norte Counties in the 
     State:
       (1) Trail and campground maintenance.
       (2) Public education, visitor contacts, and outreach.
       (3) Visitor center staffing.
       (b) Contents.--An agreement entered into under subsection 
     (a) shall clearly define the role and responsibility of the 
     Secretary and the private or nonprofit organization.
       (c) Compliance.--The Secretary shall enter into agreements 
     under subsection (a) in accordance with existing law.
       (d) Effect.--Nothing in this section--
       (1) reduces or diminishes the authority of the Secretary to 
     manage land and resources under the jurisdiction of the 
     Secretary; or
       (2) amends or modifies the application of any existing law 
     (including regulations) applicable to land under the 
     jurisdiction of the Secretary.

                        Subtitle C--Conservation

     SEC. 5131. DESIGNATION OF WILDERNESS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Black butte river wilderness.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 11,155 acres, as generally depicted on the map 
     entitled ``Black Butte Wilderness--Proposed'' and dated May 
     15, 2020, which shall be known as the ``Black Butte River 
     Wilderness''.
       (2) Chanchelulla wilderness additions.--Certain Federal 
     land managed by the Forest Service in the State, comprising 
     approximately 6,382 acres, as generally depicted on

[[Page S7668]]

     the map entitled ``Chanchelulla Wilderness Additions--
     Proposed'' and dated May 15, 2020, which is incorporated in, 
     and considered to be a part of, the Chanchelulla Wilderness 
     designated by section 101(a)(4) of the California Wilderness 
     Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 
     1619).
       (3) Chinquapin wilderness.--Certain Federal land managed by 
     the Forest Service in the State, comprising approximately 
     27,164 acres, as generally depicted on the map entitled 
     ``Chinquapin Wilderness--Proposed'' and dated May 15, 2020, 
     which shall be known as the ``Chinquapin Wilderness''.
       (4) Elkhorn ridge wilderness addition.--Certain Federal 
     land managed by the Bureau of Land Management in the State, 
     comprising approximately 37 acres, as generally depicted on 
     the map entitled ``Proposed Elkhorn Ridge Wilderness 
     Additions'' and dated October 24, 2019, which is incorporated 
     in, and considered to be a part of, the Elkhorn Ridge 
     Wilderness designated by section 6(d) of the Northern 
     California Coastal Wild Heritage Wilderness Act (16 U.S.C. 
     1132 note; Public Law 109-362; 120 Stat. 2070).
       (5) English ridge wilderness.--Certain Federal land managed 
     by the Bureau of Land Management in the State, comprising 
     approximately 6,204 acres, as generally depicted on the map 
     entitled ``English Ridge Wilderness--Proposed'' and dated 
     March 29, 2019, which shall be known as the ``English Ridge 
     Wilderness''.
       (6) Headwaters forest wilderness.--Certain Federal land 
     managed by the Bureau of Land Management in the State, 
     comprising approximately 4,360 acres, as generally depicted 
     on the map entitled ``Headwaters Forest Wilderness--
     Proposed'' and dated October 15, 2019, which shall be known 
     as the ``Headwaters Forest Wilderness''.
       (7) Mad river buttes wilderness.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 6,097 acres, as generally depicted on the map 
     entitled ``Mad River Buttes Wilderness--Proposed'' and dated 
     May 15, 2020, which shall be known as the ``Mad River Buttes 
     Wilderness''.
       (8) Mount lassic wilderness addition.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 1,288 acres, as generally depicted on the map 
     entitled ``Mt. Lassic Wilderness Additions--Proposed'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Mount Lassic Wilderness designated by 
     section 3(6) of the Northern California Coastal Wild Heritage 
     Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 
     Stat. 2065).
       (9) North fork wilderness addition.--Certain Federal land 
     managed by the Forest Service and the Bureau of Land 
     Management in the State, comprising approximately 16,342 
     acres, as generally depicted on the map entitled ``North Fork 
     Eel Wilderness Additions'' and dated May 15, 2020, which is 
     incorporated in, and considered to be a part of, the North 
     Fork Wilderness designated by section 101(a)(19) of the 
     California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1621).
       (10) Pattison wilderness.--Certain Federal land managed by 
     the Forest Service in the State, comprising approximately 
     29,451 acres, as generally depicted on the map entitled 
     ``Pattison Wilderness--Proposed'' and dated May 15, 2020, 
     which shall be known as the ``Pattison Wilderness''.
       (11) Sanhedrin wilderness addition.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 112 acres, as generally depicted on the map 
     entitled ``Sanhedrin Wilderness Addition--Proposed'' and 
     dated March 29, 2019, which is incorporated in, and 
     considered to be a part of, the Sanhedrin Wilderness 
     designated by section 3(2) of the Northern California Coastal 
     Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 
     109-362; 120 Stat. 2065).
       (12) Siskiyou wilderness addition.--Certain Federal land 
     managed by the Forest Service in the State, comprising 
     approximately 23,913 acres, as generally depicted on the maps 
     entitled ``Siskiyou Wilderness Additions--Proposed (North)'' 
     and ``Siskiyou Wilderness Additions--Proposed (South)'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Siskiyou Wilderness, as designated by 
     section 101(a)(30) of the California Wilderness Act of 1984 
     (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
       (13) South fork eel river wilderness addition.--Certain 
     Federal land managed by the Bureau of Land Management in the 
     State, comprising approximately 603 acres, as generally 
     depicted on the map entitled ``South Fork Eel River 
     Wilderness Additions--Proposed'' and dated October 24, 2019, 
     which is incorporated in, and considered to be a part of, the 
     South Fork Eel River Wilderness designated by section 3(10) 
     of the Northern California Coastal Wild Heritage Wilderness 
     Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 
     2066).
       (14) South fork trinity river wilderness.--Certain Federal 
     land managed by the Forest Service in the State, comprising 
     approximately 26,115 acres, as generally depicted on the map 
     entitled ``South Fork Trinity River Wilderness Additions--
     Proposed'' and dated May 15, 2020, which shall be known as 
     the ``South Fork Trinity River Wilderness''.
       (15) Trinity alps wilderness addition.--Certain Federal 
     land managed by the Forest Service in the State, comprising 
     approximately 61,187 acres, as generally depicted on the maps 
     entitled ``Trinity Alps Proposed Wilderness Additions EAST'' 
     and ``Trinity Alps Wilderness Additions West--Proposed'' and 
     dated May 15, 2020, which is incorporated in, and considered 
     to be a part of, the Trinity Alps Wilderness designated by 
     section 101(a)(34) of the California Wilderness Act of 1984 
     (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
       (16) Underwood wilderness.--Certain Federal land managed by 
     the Forest Service in the State, comprising approximately 
     15,068 acres, as generally depicted on the map entitled 
     ``Underwood Wilderness--Proposed'' and dated May 15, 2020, 
     which shall be known as the ``Underwood Wilderness''.
       (17) Yolla bolly-middle eel wilderness additions.--Certain 
     Federal land managed by the Forest Service and the Bureau of 
     Land Management in the State, comprising approximately 11,243 
     acres, as generally depicted on the maps entitled ``Yolla 
     Bolly Wilderness Proposed--NORTH'', ``Yolla Bolly Wilderness 
     Proposed--SOUTH'', and ``Yolla Bolly Wilderness Proposed--
     WEST'' and dated May 15, 2020, which is incorporated in, and 
     considered to be a part of, the Yolla Bolly-Middle Eel 
     Wilderness designated by section 3 of the Wilderness Act (16 
     U.S.C. 1132).
       (18) Yuki wilderness addition.--Certain Federal land 
     managed by the Forest Service and the Bureau of Land 
     Management in the State, comprising approximately 11,076 
     acres, as generally depicted on the map entitled ``Yuki 
     Wilderness Additions--Proposed'' and dated May 15, 2020, 
     which is incorporated in, and considered to be a part of, the 
     Yuki Wilderness designated by section 3(3) of the Northern 
     California Coastal Wild Heritage Wilderness Act (16 U.S.C. 
     1132 note; Public Law 109-362; 120 Stat. 2065).
       (b) Redesignation of North Fork Wilderness as North Fork 
     Eel River Wilderness.--
       (1) In general.--Section 101(a)(19) of the California 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     425; 98 Stat. 1621) is amended by striking ``which shall be 
     known as the North Fork Wilderness'' and inserting ``which 
     shall be known as the `North Fork Eel River Wilderness' ''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     ``North Fork Wilderness'' shall be considered to be a 
     reference to the ``North Fork Eel River Wilderness''.
       (c) Elkhorn Ridge Wilderness Modification.--The boundary of 
     the Elkhorn Ridge Wilderness established by section 6(d) of 
     the Northern California Coastal Wild Heritage Wilderness Act 
     (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070) is 
     modified by removing approximately 30 acres of Federal land, 
     as generally depicted on the map entitled ``Proposed Elkhorn 
     Ridge Wilderness Additions'' and dated October 24, 2019.

     SEC. 5132. ADMINISTRATION OF WILDERNESS.

       (a) In General.--Subject to valid existing rights, a 
     wilderness area or wilderness addition established by section 
     131(a) (referred to in this section as a ``wilderness area or 
     addition'') shall be administered by the Secretary in 
     accordance with this subtitle and the Wilderness Act (16 
     U.S.C. 1131 et seq.), except that--
       (1) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (b) Fire Management and Related Activities.--
       (1) In general.--The Secretary may carry out any activities 
     in a wilderness area or addition as are necessary for the 
     control of fire, insects, or disease in accordance with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) the report of the Committee on Interior and Insular 
     Affairs of the House of Representatives accompanying H.R. 
     1437 of the 98th Congress (House Report 98-40).
       (2) Funding priorities.--Nothing in this subtitle limits 
     funding for fire or fuels management in a wilderness area or 
     addition.
       (3) Administration.--In accordance with paragraph (1) and 
     any other applicable Federal law, to ensure a timely and 
     efficient response to a fire emergency in a wilderness area 
     or addition, the Secretary of Agriculture shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, establish agency approval procedures (including 
     appropriate delegations of authority to the Forest 
     Supervisor, District Manager, or other agency officials) for 
     responding to fire emergencies; and
       (B) enter into agreements with appropriate State or local 
     firefighting agencies.
       (c) Grazing.--The grazing of livestock in a wilderness area 
     or addition, if established before the date of enactment of 
     this Act, shall be administered in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2)(A) for land under the jurisdiction of the Secretary of 
     Agriculture, the guidelines set forth in the report of the 
     Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 5487 of the 96th Congress 
     (H. Rept. 96-617); and
       (B) for land under the jurisdiction of the Secretary of the 
     Interior, the guidelines set forth in Appendix A of the 
     report of the Committee on Interior and Insular Affairs of 
     the

[[Page S7669]]

     House of Representatives accompanying H.R. 2570 of the 101st 
     Congress (H. Rept. 101-405).
       (d) Fish and Wildlife.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     subtitle affects the jurisdiction or responsibilities of the 
     State with respect to fish and wildlife on public land in the 
     State.
       (2) Management activities.--In support of the purposes and 
     principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     the Secretary may conduct any management activity that the 
     Secretary determines to be necessary to maintain or restore a 
     fish, wildlife, or plant population or habitat in a 
     wilderness area or addition, if the management activity is 
     conducted in accordance with--
       (A) an applicable wilderness management plan;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) appropriate policies, such as the policies established 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (e) Buffer Zones.--
       (1) In general.--Nothing in this subtitle establishes a 
     protective perimeter or buffer zone around a wilderness area 
     or addition.
       (2) Outside activities or uses.--The fact that a 
     nonwilderness activity or use can be seen or heard from 
     within a wilderness area or addition shall not preclude the 
     activity or use outside the boundary of the wilderness area 
     or addition.
       (f) Military Activities.--Nothing in this subtitle 
     precludes--
       (1) low-level overflights of military aircraft over a 
     wilderness area or addition;
       (2) the designation of a new unit of special airspace over 
     a wilderness area or addition; or
       (3) the use or establishment of a military flight training 
     route over a wilderness area or addition.
       (g) Horses.--Nothing in this subtitle precludes horseback 
     riding in, or the entry of recreational or commercial saddle 
     or pack stock into, a wilderness area or addition--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (h) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas and additions are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral materials and geothermal 
     leasing laws.
       (i) Use by Members of Indian Tribes.--
       (1) Access.--In recognition of the past use of wilderness 
     areas and additions by members of Indian Tribes for 
     traditional cultural and religious purposes, the Secretary 
     shall ensure that Indian Tribes have access to the wilderness 
     areas and additions for traditional cultural and religious 
     purposes.
       (2) Temporary closures.--
       (A) In general.--In carrying out this section, the 
     Secretary, on request of an Indian Tribe, may temporarily 
     close to the general public 1 or more specific portions of a 
     wilderness area or addition to protect the privacy of the 
     members of the Indian Tribe in the conduct of the traditional 
     cultural and religious activities in the wilderness area or 
     addition.
       (B) Requirement.--Any closure under subparagraph (A) shall 
     be made in such a manner as to affect the smallest 
     practicable area for the minimum period of time necessary for 
     the activity to be carried out.
       (3) Applicable law.--Access to the wilderness areas and 
     wilderness additions under this subsection shall be in 
     accordance with--
       (A) Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (j) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area or addition that is 
     acquired by the United States shall--
       (1) become part of the wilderness area or addition in which 
     the land is located;
       (2) be withdrawn in accordance with subsection (h); and
       (3) be managed in accordance with--
       (A) this section;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) any other applicable law.
       (k) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such 
     terms and conditions as the Secretary may prescribe, the 
     Secretary may authorize the installation and maintenance of 
     hydrologic, meteorologic, or climatological collection 
     devices in a wilderness area or addition if the Secretary 
     determines that the devices and access to the devices are 
     essential to a flood warning, flood control, or water 
     reservoir operation activity.
       (l) Authorized Events.--The Secretary may continue to 
     authorize the competitive equestrian event permitted since 
     2012 in the Chinquapin Wilderness established by section 
     5131(a)(3) in a manner compatible with the preservation of 
     the area as wilderness.
       (m) Recreational Climbing.--Nothing in this title prohibits 
     recreational rock climbing activities in the wilderness areas 
     or additions, such as the placement, use, and maintenance of 
     fixed anchors, including any fixed anchor established before 
     the date of the enactment of this Act--
       (1) in accordance with the Wilderness Act (16 U.S.C. 1131 
     et seq.); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.

     SEC. 5133. DESIGNATION OF POTENTIAL WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the following areas 
     in the State are designated as potential wilderness areas:
       (1) Certain Federal land managed by the Forest Service, 
     comprising approximately 4,005 acres, as generally depicted 
     on the map entitled ``Chinquapin Proposed Potential 
     Wilderness'' and dated May 15, 2020.
       (2) Certain Federal land administered by the National Park 
     Service, compromising approximately 31,000 acres, as 
     generally depicted on the map entitled ``Redwood National 
     Park--Potential Wilderness'' and dated October 9, 2019.
       (3) Certain Federal land managed by the Forest Service, 
     comprising approximately 5,681 acres, as generally depicted 
     on the map entitled ``Siskiyou Proposed Potential 
     Wildernesses'' and dated May 15, 2020.
       (4) Certain Federal land managed by the Forest Service, 
     comprising approximately 446 acres, as generally depicted on 
     the map entitled ``South Fork Trinity River Proposed 
     Potential Wilderness'' and dated May 15, 2020.
       (5) Certain Federal land managed by the Forest Service, 
     comprising approximately 1,256 acres, as generally depicted 
     on the map entitled ``Trinity Alps Proposed Potential 
     Wilderness'' and dated May 15, 2020.
       (6) Certain Federal land managed by the Forest Service, 
     comprising approximately 4,386 acres, as generally depicted 
     on the map entitled ``Yolla Bolly Middle-Eel Proposed 
     Potential Wilderness'' and dated May 15, 2020.
       (7) Certain Federal land managed by the Forest Service, 
     comprising approximately 2,918 acres, as generally depicted 
     on the map entitled ``Yuki Proposed Potential Wilderness'' 
     and dated May 15, 2020.
       (b) Management.--Except as provided in subsection (c) and 
     subject to valid existing rights, the Secretary shall manage 
     each potential wilderness area designated by subsection (a) 
     (referred to in this section as a ``potential wilderness 
     area'') as wilderness until the date on which the potential 
     wilderness area is designated as wilderness under subsection 
     (d).
       (c) Ecological Restoration.--
       (1) In general.--For purposes of ecological restoration 
     (including the elimination of nonnative species, removal of 
     illegal, unused, or decommissioned roads, repair of skid 
     tracks, and any other activities necessary to restore the 
     natural ecosystems in a potential wilderness area and 
     consistent with paragraph (2)), the Secretary may use 
     motorized equipment and mechanized transport in a potential 
     wilderness area until the date on which the potential 
     wilderness area is designated as wilderness under subsection 
     (d).
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration with 
     the least amount of adverse impact on wilderness character 
     and resources.
       (d) Wilderness Designation.--A potential wilderness area 
     shall be designated as wilderness and as a component of the 
     National Wilderness Preservation System on the earlier of--
       (1) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; and
       (2) the date that is 10 years after the date of enactment 
     of this Act, in the case of a potential wilderness area 
     located on land managed by the Forest Service.
       (e) Administration as Wilderness.--
       (1) In general.--On the designation of a potential 
     wilderness area as wilderness under subsection (d), the 
     wilderness shall be administered in accordance with--
       (A) section 5132; and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (2) Designation.--On the designation as wilderness under 
     subsection (d)--
       (A) the land described in subsection (a)(1) shall be 
     incorporated in, and considered to be a part of, the 
     Chinquapin Wilderness established by section 5131(a)(3);
       (B) the land described in subsection (a)(3) shall be 
     incorporated in, and considered to be a part of, the Siskiyou 
     Wilderness designated by section 101(a)(30) of the California 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     425; 98 Stat. 1623);
       (C) the land described in subsection (a)(4) shall be 
     incorporated in, and considered to be a part of, the South 
     Fork Trinity River Wilderness established by section 
     5131(a)(14);
       (D) the land described in subsection (a)(5) shall be 
     incorporated in, and considered to be a part of, the Trinity 
     Alps Wilderness designated by section 101(a)(34) of the 
     California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1623);
       (E) the land described in subsection (a)(6) shall be 
     incorporated in, and considered to be a part of, the Yolla 
     Bolly-Middle Eel Wilderness designated by section 3 of the 
     Wilderness Act (16 U.S.C. 1132); and
       (F) the land described in subsection (a)(7) shall be 
     incorporated in, and considered to be a part of, the Yuki 
     Wilderness designated by

[[Page S7670]]

     section 3(3) of the Northern California Coastal Wild Heritage 
     Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 
     Stat. 2065) and expanded by section 5131(a)(18).
       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, and every 3 years thereafter until the 
     date on which the potential wilderness areas are designated 
     as wilderness under subsection (d), the Secretary shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes--
       (1) the status of ecological restoration within the 
     potential wilderness areas; and
       (2) the progress toward the eventual designation of the 
     potential wilderness areas as wilderness under subsection 
     (d).

     SEC. 5134. DESIGNATION OF WILD AND SCENIC RIVERS.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding at the end the following:
       ``(231) South fork trinity river.--The following segments 
     from the source tributaries in the Yolla Bolly-Middle Eel 
     Wilderness, to be administered by the Secretary of 
     Agriculture:
       ``(A) The 18.3-mile segment from its multiple source 
     springs in the Cedar Basin of the Yolla Bolly-Middle Eel 
     Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles 
     upstream of the Wild Mad Road, as a wild river.
       ``(B) The 0.65-mile segment from 0.25 miles upstream of 
     Wild Mad Road to the confluence with the unnamed tributary 
     approximately 0.4 miles downstream of the Wild Mad Road in 
     sec. 29, T. 28 N., R. 11 W., as a scenic river.
       ``(C) The 9.8-mile segment from 0.75 miles downstream of 
     Wild Mad Road to Silver Creek, as a wild river.
       ``(D) The 5.4-mile segment from Silver Creek confluence to 
     Farley Creek, as a scenic river.
       ``(E) The 3.6-mile segment from Farley Creek to Cave Creek, 
     as a recreational river.
       ``(F) The 5.6-mile segment from Cave Creek to the 
     confluence of the unnamed creek upstream of Hidden Valley 
     Ranch in sec. 5, T. 15, R. 7 E., as a wild river.
       ``(G) The 2.5-mile segment from the unnamed creek 
     confluence upstream of Hidden Valley Ranch to the confluence 
     with the unnamed creek flowing west from Bear Wallow Mountain 
     in sec. 29, T. 1 N., R. 7 E., as a scenic river.
       ``(H) The 3.8-mile segment from the unnamed creek 
     confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as 
     a wild river.
       ``(I) The 1.8-mile segment from Plummer Creek to the 
     confluence with the unnamed tributary north of McClellan 
     Place in sec. 6, T. 1 N., R. 7 E., as a scenic river.
       ``(J) The 5.4-mile segment from the unnamed tributary 
     confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek, 
     as a wild river.
       ``(K) The 7-mile segment from Eltapom Creek to the Grouse 
     Creek, as a scenic river.
       ``(L) The 5-mile segment from Grouse Creek to Coon Creek, 
     as a wild river.
       ``(232) East fork south fork trinity river.--The following 
     segments, to be administered by the Secretary of Agriculture:
       ``(A) The 8.4-mile segment from its source in the Pettijohn 
     Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T. 
     3 S., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, 
     as a wild river.
       ``(B) The 3.4-mile segment from 0.25 miles upstream of the 
     Wild Mad Road to the South Fork Trinity River, as a 
     recreational river.
       ``(233) Rattlesnake creek.--The 5.9-mile segment from the 
     confluence with the unnamed tributary in the southeast corner 
     of sec. 5, T. 1 S., R. 12 W., to the South Fork Trinity 
     River, to be administered by the Secretary of Agriculture as 
     a recreational river.
       ``(234) Butter creek.--The 7-mile segment from 0.25 miles 
     downstream of the Road 3N08 crossing to the South Fork 
     Trinity River, to be administered by the Secretary of 
     Agriculture as a scenic river.
       ``(235) Hayfork creek.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 3.2-mile segment from Little Creek to Bear Creek, 
     as a recreational river.
       ``(B) The 13.2-mile segment from Bear Creek to the northern 
     boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river.
       ``(236) Olsen creek.--The 2.8-mile segment from the 
     confluence of its source tributaries in sec. 5, T. 3 N., R. 7 
     E., to the northern boundary of sec. 24, T. 3 N., R. 6 E., to 
     be administered by the Secretary of the Interior as a scenic 
     river.
       ``(237) Rusch creek.--The 3.2-mile segment from 0.25 miles 
     downstream of the 32N11 Road crossing to Hayfork Creek, to be 
     administered by the Secretary of Agriculture as a 
     recreational river.
       ``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn 
     Creek to the South Fork Trinity River, to be administered by 
     the Secretary of Agriculture as a wild river.
       ``(239) Grouse creek.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 3.9-mile segment from Carson Creek to Cow Creek, 
     as a scenic river.
       ``(B) The 7.4-mile segment from Cow Creek to the South Fork 
     Trinity River, as a recreational river.
       ``(240) Madden creek.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 6.8-mile segment from the confluence of Madden 
     Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E., 
     to Fourmile Creek, as a wild river.
       ``(B) The 1.6-mile segment from Fourmile Creek to the South 
     Fork Trinity River, as a recreational river.
       ``(241) Canyon creek.--The following segments, to be 
     administered by the Secretary of Agriculture and the 
     Secretary of the Interior:
       ``(A) The 6.6-mile segment from the outlet of lower Canyon 
     Creek Lake to Bear Creek upstream of Ripstein, as a wild 
     river.
       ``(B) The 11.2-mile segment from Bear Creek upstream of 
     Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11 
     W., as a recreational river.
       ``(242) North fork trinity river.--The following segments, 
     to be administered by the Secretary of Agriculture:
       ``(A) The 12-mile segment from the confluence of source 
     tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity 
     Alps Wilderness boundary upstream of Hobo Gulch, as a wild 
     river.
       ``(B) The 0.5-mile segment from where the river leaves the 
     Trinity Alps Wilderness to where it fully reenters the 
     Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic 
     river.
       ``(C) The 13.9-mile segment from where the river fully 
     reenters the Trinity Alps Wilderness downstream of Hobo Gulch 
     to the Trinity Alps Wilderness boundary upstream of the 
     County Road 421 crossing, as a wild river.
       ``(D) The 1.3-mile segment from the Trinity Alps Wilderness 
     boundary upstream of the County Road 421 crossing to the 
     Trinity River, as a recreational river.
       ``(243) East fork north fork trinity river.--The following 
     segments, to be administered by the Secretary of Agriculture:
       ``(A) The 9.5-mile segment from the source north of Mt. 
     Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road 
     35N20 approximately 0.5 miles downstream of the confluence 
     with the East Branch East Fork North Fork Trinity River, as a 
     wild river.
       ``(B) The 3.25-mile segment from the end of Road 35N20 to 
     0.25 miles upstream of Coleridge, as a scenic river.
       ``(C) The 4.6-mile segment from 0.25 miles upstream of 
     Coleridge to the confluence of Fox Gulch, as a recreational 
     river.
       ``(244) New river.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 12.7-mile segment of Virgin Creek from its source 
     spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a 
     wild river.
       ``(B) The 2.3-mile segment of the New River where it begins 
     at the confluence of Virgin and Slide Creeks to Barron Creek, 
     as a wild river.
       ``(245) Middle eel river.--The following segments, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 37.7-mile segment from its source in Frying Pan 
     Meadow to Rose Creek, as a wild river.
       ``(B) The 1.5-mile segment from Rose Creek to the Black 
     Butte River, as a recreational river.
       ``(C) The 10.5-mile segment of Balm of Gilead Creek from 
     its source in Hopkins Hollow to the Middle Eel River, as a 
     wild river.
       ``(D) The 13-mile segment of the North Fork Middle Fork Eel 
     River from the source on Dead Puppy Ridge in sec. 11, T. 26 
     N., R. 11 W., to the confluence of the Middle Eel River, as a 
     wild river.
       ``(246) North fork eel river, california.--The 14.3-mile 
     segment from the confluence with Gilman Creek to the Six 
     Rivers National Forest boundary, to be administered by the 
     Secretary of Agriculture as a wild river.
       ``(247) Red mountain creek, california.--The following 
     segments, to be administered by the Secretary of Agriculture:
       ``(A) The 5.25-mile segment from its source west of Mike's 
     Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with 
     Littlefield Creek, as a wild river.
       ``(B) The 1.6-mile segment from the confluence with 
     Littlefield Creek to the confluence with the unnamed 
     tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river.
       ``(C) The 1.25-mile segment from the confluence with the 
     unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the 
     confluence with the North Fork Eel River, as a wild river.
       ``(248) Redwood creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 6.2-mile segment from the confluence with Lacks 
     Creek to the confluence with Coyote Creek, as a scenic river, 
     on publication by the Secretary of the Interior of a notice 
     in the Federal Register that sufficient inholdings within the 
     boundaries of the segments have been acquired in fee title to 
     establish a manageable addition to the National Wild and 
     Scenic Rivers System.
       ``(B) The 19.1-mile segment from the confluence with Coyote 
     Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National 
     Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1 
     E., as a scenic river.
       ``(C) The 2.3-mile segment of Emerald Creek (also known as 
     Harry Weir Creek) from its source in sec. 29, T. 10 N., R. 2 
     E., to the confluence with Redwood Creek, as a scenic river.
       ``(249) Lacks creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 5.1-mile segment from the confluence with 2 
     unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings 
     Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river.
       ``(B) The 2.7-mile segment from Kings Crossing to the 
     confluence with Redwood Creek, as a scenic river, on 
     publication by

[[Page S7671]]

     the Secretary of a notice in the Federal Register that 
     sufficient inholdings within the segment have been acquired 
     in fee title or as scenic easements to establish a manageable 
     addition to the National Wild and Scenic Rivers System.
       ``(250) Lost man creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 6.4-mile segment of Lost Man Creek from its 
     source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream 
     of the Prairie Creek confluence, as a recreational river.
       ``(B) The 2.3-mile segment of Larry Damm Creek from its 
     source in sec. 8, T. 11 N., R. 2 E., to the confluence with 
     Lost Man Creek, as a recreational river.
       ``(251) Little lost man creek.--The 3.6-mile segment of 
     Little Lost Man Creek from its source in sec. 6, T. 10 N., R. 
     2 E., to 0.25 miles upstream of the Lost Man Creek road 
     crossing, to be administered by the Secretary of the Interior 
     as a wild river.
       ``(252) South fork elk river.--The following segments, to 
     be administered by the Secretary of the Interior through a 
     cooperative management agreement with the State of 
     California:
       ``(A) The 3.6-mile segment of the Little South Fork Elk 
     River from the source in sec. 21, T. 3 N., R. 1 E., to the 
     confluence with the South Fork Elk River, as a wild river.
       ``(B) The 2.2-mile segment of the unnamed tributary of the 
     Little South Fork Elk River from its source in sec. 15, T. 3 
     N., R. 1 E., to the confluence with the Little South Fork Elk 
     River, as a wild river.
       ``(C) The 3.6-mile segment of the South Fork Elk River from 
     the confluence of the Little South Fork Elk River to the 
     confluence with Tom Gulch, as a recreational river.
       ``(253) Salmon creek.--The 4.6-mile segment from its source 
     in sec. 27, T. 3 N., R. 1 E., to the Headwaters Forest 
     Reserve boundary in sec. 18, T. 3 N., R. 1 E., to be 
     administered by the Secretary of the Interior as a wild river 
     through a cooperative management agreement with the State of 
     California.
       ``(254) South fork eel river.--The following segments, to 
     be administered by the Secretary of the Interior:
       ``(A) The 6.2-mile segment from the confluence with Jack of 
     Hearts Creek to the southern boundary of the South Fork Eel 
     Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational 
     river to be administered by the Secretary through a 
     cooperative management agreement with the State of 
     California.
       ``(B) The 6.1-mile segment from the southern boundary of 
     the South Fork Eel Wilderness to the northern boundary of the 
     South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as 
     a wild river.
       ``(255) Elder creek.--The following segments, to be 
     administered by the Secretary of the Interior through a 
     cooperative management agreement with the State of 
     California:
       ``(A) The 3.6-mile segment from its source north of Signal 
     Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with 
     the unnamed tributary near the center of sec. 28, T. 22 N., 
     R. 16 W., as a wild river.
       ``(B) The 1.3-mile segment from the confluence with the 
     unnamed tributary near the center of sec. 28, T. 22 N., R. 15 
     W., to the confluence with the South Fork Eel River, as a 
     recreational river.
       ``(C) The 2.1-mile segment of Paralyze Canyon from its 
     source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to 
     the confluence with Elder Creek, as a wild river.
       ``(256) Cedar creek.--The following segments, to be 
     administered as a wild river by the Secretary of the 
     Interior:
       ``(A) The 7.7-mile segment from its source in sec. 22, T. 
     24 N., R. 16 W., to the southern boundary of the Red Mountain 
     unit of the South Fork Eel Wilderness.
       ``(B) The 1.9-mile segment of North Fork Cedar Creek from 
     its source in sec. 28, T. 24 N., R. 16 E., to the confluence 
     with Cedar Creek.
       ``(257) East branch south fork eel river.--The following 
     segments, to be administered by the Secretary of the Interior 
     as a scenic river on publication by the Secretary of a notice 
     in the Federal Register that sufficient inholdings within the 
     boundaries of the segments have been acquired in fee title or 
     as scenic easements to establish a manageable addition to the 
     National Wild and Scenic Rivers System:
       ``(A) The 2.3-mile segment of Cruso Cabin Creek from the 
     confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R. 
     15 W., to the confluence with Elkhorn Creek.
       ``(B) The 1.8-mile segment of Elkhorn Creek from the 
     confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R. 
     16 W., to the confluence with Cruso Cabin Creek.
       ``(C) The 14.2-mile segment of the East Branch South Fork 
     Eel River from the confluence of Cruso Cabin and Elkhorn 
     Creeks to the confluence with Rays Creek.
       ``(D) The 1.7-mile segment of the unnamed tributary from 
     its source on the north flank of Red Mountain's north ridge 
     in sec. 2, T. 24 N., R. 17 W., to the confluence with the 
     East Branch South Fork Eel River.
       ``(E) The 1.3-mile segment of the unnamed tributary from 
     its source on the north flank of Red Mountain's north ridge 
     in sec. 1, T. 24 N., R. 17 W., to the confluence with the 
     East Branch South Fork Eel River.
       ``(F) The 1.8-mile segment of Tom Long Creek from the 
     confluence with the unnamed tributary in sec. 12, T. 5 S., R. 
     4 E., to the confluence with the East Branch South Fork Eel 
     River.
       ``(258) Mattole river estuary.--The 1.5-mile segment from 
     the confluence of Stansberry Creek to the Pacific Ocean, to 
     be administered as a recreational river by the Secretary of 
     the Interior.
       ``(259) Honeydew creek.--The following segments, to be 
     administered as a wild river by the Secretary of the 
     Interior:
       ``(A) The 5.1-mile segment of Honeydew Creek from its 
     source in the southwest corner of sec. 25, T. 3 S., R. 1 W., 
     to the eastern boundary of the King Range National 
     Conservation Area in sec. 18, T. 3 S., R. 1 E.
       ``(B) The 2.8-mile segment of West Fork Honeydew Creek from 
     its source west of North Slide Peak to the confluence with 
     Honeydew Creek.
       ``(C) The 2.7-mile segment of Upper East Fork Honeydew 
     Creek from its source in sec. 23, T. 3 S., R. 1 W., to the 
     confluence with Honeydew Creek.
       ``(260) Bear creek.--The following segments, to be 
     administered by the Secretary of the Interior:
       ``(A) The 1.9-mile segment of North Fork Bear Creek from 
     the confluence with the unnamed tributary immediately 
     downstream of the Horse Mountain Road crossing to the 
     confluence with the South Fork, as a scenic river.
       ``(B) The 6.1-mile segment of South Fork Bear Creek from 
     the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed 
     tributary flowing from the southwest flank of Queen Peak to 
     the confluence with the North Fork, as a scenic river.
       ``(C) The 3-mile segment of Bear Creek from the confluence 
     of the North and South Forks to the southern boundary of sec. 
     11, T. 4 S., R. 1 E., as a wild river.
       ``(261) Gitchell creek.--The 3-mile segment of Gitchell 
     Creek from its source near Saddle Mountain to the Pacific 
     Ocean, to be administered by the Secretary of the Interior as 
     a wild river.
       ``(262) Big flat creek.--The following segments, to be 
     administered by the Secretary of the Interior as a wild 
     river:
       ``(A) The 4-mile segment of Big Flat Creek from its source 
     near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific 
     Ocean.
       ``(B) The 0.8-mile segment of the unnamed tributary from 
     its source in sec. 35, T. 3 S., R. 1 W., to the confluence 
     with Big Flat Creek.
       ``(C) The 2.7-mile segment of North Fork Big Flat Creek 
     from the source in sec. 34, T. 3 S., R. 1 W., to the 
     confluence with Big Flat Creek.
       ``(263) Big creek.--The following segments, to be 
     administered by the Secretary of the Interior as a wild 
     river:
       ``(A) The 2.7-mile segment of Big Creek from its source in 
     sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean.
       ``(B) The 1.9-mile unnamed southern tributary from its 
     source in sec. 25, T. 3 S., R. 1 W., to the confluence with 
     Big Creek.
       ``(264) Elk creek.--The 11.4-mile segment from its 
     confluence with Lookout Creek to its confluence with Deep 
     Hole Creek, to be jointly administered by the Secretaries of 
     Agriculture and the Interior as a wild river.
       ``(265) Eden creek.--The 2.7-mile segment from the private 
     property boundary in the northwest quarter of sec. 27, T. 21 
     N., R. 12 W., to the eastern boundary of sec. 23, T. 21 N., 
     R. 12 W., to be administered by the Secretary of the Interior 
     as a wild river.
       ``(266) Deep hole creek.--The 4.3-mile segment from the 
     private property boundary in the southwest quarter of sec. 
     13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to 
     be administered by the Secretary of the Interior as a wild 
     river.
       ``(267) Indian creek.--The 3.3-mile segment from 300 feet 
     downstream of the jeep trail in sec. 13, T. 20 N., R. 13 W., 
     to the confluence with the Eel River, to be administered by 
     the Secretary of the Interior as a wild river.
       ``(268) Fish creek.--The 4.2-mile segment from the source 
     at Buckhorn Spring to the confluence with the Eel River, to 
     be administered by the Secretary of the Interior as a wild 
     river.''.

     SEC. 5135. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.

       (a) Establishment.--Subject to valid existing rights, there 
     is established the Sanhedrin Special Conservation Management 
     Area (referred to in this section as the ``conservation 
     management area''), comprising approximately 12,254 acres of 
     Federal land administered by the Forest Service in Mendocino 
     County, California, as generally depicted on the map entitled 
     ``Sanhedrin Conservation Management Area'' and dated May 15, 
     2020.
       (b) Purposes.--The purposes of the conservation management 
     area are--
       (1) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the ecological, 
     scenic, wildlife, recreational, roadless, cultural, 
     historical, natural, educational, and scientific resources of 
     the conservation management area;
       (2) to protect and restore late-successional forest 
     structure, oak woodlands and grasslands, aquatic habitat, and 
     anadromous fisheries within the conservation management area;
       (3) to protect and restore the wilderness character of the 
     conservation management area; and
       (4) to allow visitors to enjoy the scenic, natural, 
     cultural, and wildlife values of the conservation management 
     area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the 
     conservation management area--
       (A) in a manner consistent with the purposes described in 
     subsection (b); and

[[Page S7672]]

       (B) in accordance with--
       (i) the laws (including regulations) generally applicable 
     to the National Forest System;
       (ii) this section; and
       (iii) any other applicable law (including regulations).
       (2) Uses.--The Secretary shall only allow uses of the 
     conservation management area that the Secretary determines 
     would further the purposes described in subsection (b).
       (d) Motorized Vehicles.--
       (1) In general.--Except as provided in paragraph (3), the 
     use of motorized vehicles in the conservation management area 
     shall be permitted only on existing roads, trails, and areas 
     designated for use by such vehicles as of the date of 
     enactment of this Act.
       (2) New or temporary roads.--Except as provided in 
     paragraph (3), no new or temporary roads shall be constructed 
     within the conservation management area.
       (3) Exceptions.--Nothing in paragraph (1) or (2) prevents 
     the Secretary from--
       (A) rerouting or closing an existing road or trail to 
     protect natural resources from degradation, or to protect 
     public safety, as determined to be appropriate by the 
     Secretary;
       (B) designating routes of travel on land acquired by the 
     Secretary and incorporated into the conservation management 
     area if the designations are--
       (i) consistent with the purposes described in subsection 
     (b); and
       (ii) completed, to the maximum extent practicable, not 
     later than 3 years after the date of acquisition;
       (C) constructing a temporary road on which motorized 
     vehicles are permitted as part of a vegetation management 
     project carried out in accordance with paragraph (4);
       (D) authorizing the use of motorized vehicles for 
     administrative purposes; or
       (E) responding to an emergency.
       (4) Decommissioning of temporary roads.--
       (A) Definition of decommission.--In this paragraph, the 
     term ``decommission'' means, with respect to a road--
       (i) to reestablish vegetation on the road; and
       (ii) to restore any natural drainage, watershed function, 
     or other ecological processes that are disrupted or adversely 
     impacted by the road by removing or hydrologically 
     disconnecting the road prism.
       (B) Requirement.--Not later than 3 years after the date on 
     which the applicable vegetation management project is 
     completed, the Secretary shall decommission any temporary 
     road constructed under paragraph (3)(C).
       (e) Timber Harvest.--
       (1) In general.--Except as provided in paragraph (2), no 
     harvesting of timber shall be allowed within the conservation 
     management area.
       (2) Exceptions.--The Secretary may authorize harvesting of 
     timber in the conservation management area--
       (A) if the Secretary determines that the harvesting is 
     necessary to further the purposes of the conservation 
     management area;
       (B) in a manner consistent with the purposes described in 
     subsection (b); and
       (C) subject to--
       (i) such reasonable regulations, policies, and practices as 
     the Secretary determines to be appropriate; and
       (ii) all applicable laws (including regulations).
       (f) Grazing.--The grazing of livestock in the conservation 
     management area, where established before the date of 
     enactment of this Act, shall be permitted to continue--
       (1) subject to--
       (A) such reasonable regulations, policies, and practices as 
     the Secretary considers necessary; and
       (B) applicable law (including regulations); and
       (2) in a manner consistent with the purposes described in 
     subsection (b).
       (g) Wildfire, Insect, and Disease Management.--Consistent 
     with this section, the Secretary may carry out any activities 
     within the conservation management area that the Secretary 
     determines to be necessary to control fire, insects, or 
     diseases, including the coordination of those activities with 
     a State or local agency.
       (h) Acquisition and Incorporation of Land and Interests in 
     Land.--
       (1) Acquisition authority.--In accordance with applicable 
     laws (including regulations), the Secretary may acquire any 
     land or interest in land within or adjacent to the boundaries 
     of the conservation management area by purchase from a 
     willing seller, donation, or exchange.
       (2) Incorporation.--Any land or interest in land acquired 
     by the Secretary under paragraph (1) shall be--
       (A) incorporated into, and administered as part of, the 
     conservation management area; and
       (B) withdrawn in accordance with subsection (i).
       (i) Withdrawal.--Subject to valid existing rights, all 
     Federal land located in the conservation management area is 
     withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patenting under the mining laws; 
     and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

                       Subtitle D--Miscellaneous

     SEC. 5141. MAPS AND LEGAL DESCRIPTIONS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare maps and 
     legal descriptions of--
       (1) the South Fork Trinity-Mad River Restoration Area 
     established by section 5111(b);
       (2) the Horse Mountain Special Management Area established 
     by section 5121(a);
       (3) the wilderness areas and wilderness additions 
     designated by section 5131(a);
       (4) the potential wilderness areas designated by section 
     5133(a); and
       (5) the Sanhedrin Special Conservation Management Area 
     established by section 5135(a).
       (b) Submission of Maps and Legal Descriptions.--The 
     Secretary shall file the maps and legal descriptions prepared 
     under subsection (a) with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (c) Force of Law.--The maps and legal descriptions prepared 
     under subsection (a) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical and typographical errors in the maps and 
     legal descriptions.
       (d) Public Availability.--The maps and legal descriptions 
     prepared under subsection (a) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Forest Service, the Bureau of Land Management, or the 
     National Park Service, as applicable.

     SEC. 5142. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.

       As soon as practicable after the date of enactment of this 
     Act, in accordance with applicable law (including 
     regulations), the Secretary shall incorporate the 
     designations and studies required by this title into updated 
     management plans for units covered by this title.

     SEC. 5143. PACIFIC GAS AND ELECTRIC COMPANY UTILITY 
                   FACILITIES AND RIGHTS-OF-WAY.

       (a) Effect of Title.--Nothing in this title--
       (1) affects any validly issued right-of-way for the 
     customary operation, maintenance, upgrade, repair, relocation 
     within an existing right-of-way, replacement, or other 
     authorized activity (including the use of any mechanized 
     vehicle, helicopter, and other aerial device) in a right-of-
     way acquired by or issued, granted, or permitted to Pacific 
     Gas and Electric Company (including any predecessor or 
     successor in interest or assign) that is located on land 
     included in--
       (A) the South Fork Trinity-Mad River Restoration Area 
     established by section 5111(b);
       (B) the Horse Mountain Special Management Area established 
     by section 5121(a);
       (C) the Bigfoot National Recreation Trail established under 
     section 5122(b)(1);
       (D) the Sanhedrin Special Conservation Management Area 
     established by section 5135(a); or
       (2) prohibits the upgrading or replacement of any--
       (A) utility facilities of the Pacific Gas and Electric 
     Company, including those utility facilities in existence on 
     the date of enactment of this Act within--
       (i) the South Fork Trinity-Mad River Restoration Area known 
     as--

       (I) ``Gas Transmission Line 177A or rights-of-way'';
       (II) ``Gas Transmission Line DFM 1312-02 or rights-of-
     way'';
       (III) ``Electric Transmission Line Bridgeville-Cottonwood 
     115 kV or rights-of-way'';
       (IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or 
     rights-of-way'';
       (V) ``Electric Transmission Line Humboldt-Trinity 115 kV or 
     rights-of-way'';
       (VI) ``Electric Transmission Line Maple Creek-Hoopa 60 kV 
     or rights-of-way'';
       (VII) ``Electric Distribution Line-Willow Creek 1101 12 kV 
     or rights-of-way'';
       (VIII) ``Electric Distribution Line-Willow Creek 1103 12 kV 
     or rights-of-way'';
       (IX) ``Electric Distribution Line-Low Gap 1101 12 kV or 
     rights-of-way'';
       (X) ``Electric Distribution Line-Fort Seward 1121 12 kV or 
     rights-of-way'';
       (XI) ``Forest Glen Border District Regulator Station or 
     rights-of-way'';
       (XII) ``Durret District Gas Regulator Station or rights-of-
     way'';
       (XIII) ``Gas Distribution Line 4269C or rights-of-way'';
       (XIV) ``Gas Distribution Line 43991 or rights-of-way'';
       (XV) ``Gas Distribution Line 4993D or rights-of-way'';
       (XVI) ``Sportsmans Club District Gas Regulator Station or 
     rights-of-way'';
       (XVII) ``Highway 36 and Zenia District Gas Regulator 
     Station or rights-of-way'';
       (XVIII) ``Dinsmore Lodge 2nd Stage Gas Regulator Station or 
     rights-of-way'';
       (XIX) ``Electric Distribution Line-Wildwood 1101 12kV or 
     rights-of-way'';
       (XX) ``Low Gap Substation'';
       (XXI) ``Hyampom Switching Station''; or
       (XXII) ``Wildwood Substation'';

       (ii) the Bigfoot National Recreation Trail known as--

       (I) ``Gas Transmission Line 177A or rights-of-way'';
       (II) ``Electric Transmission Line Humboldt-Trinity 115 kV 
     or rights-of-way'';
       (III) ``Electric Transmission Line Bridgeville-Cottonwood 
     115 kV or rights-of-way''; or

[[Page S7673]]

       (IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or 
     rights-of-way'';

       (iii) the Sanhedrin Special Conservation Management Area 
     known as ``Electric Distribution Line-Willits 1103 12 kV or 
     rights-of-way''; or
       (iv) the Horse Mountain Special Management Area known as 
     ``Electric Distribution Line Willow Creek 1101 12 kV or 
     rights-of-way''; or
       (B) utility facilities of the Pacific Gas and Electric 
     Company in rights-of-way issued, granted, or permitted by the 
     Secretary adjacent to a utility facility referred to in 
     subparagraph (A).
       (b) Plans for Access.--Not later than the later of the date 
     that is 1 year after the date of enactment of this Act or the 
     date of issuance of a new utility facility right-of-way 
     within the South Fork Trinity-Mad River Restoration Area, 
     Bigfoot National Recreation Trail, Sanhedrin Special 
     Conservation Management Area, or Horse Mountain Special 
     Management Area, the Secretary, in consultation with the 
     Pacific Gas and Electric Company, shall publish plans for 
     regular and emergency access by the Pacific Gas and Electric 
     Company to the rights-of-way of the Pacific Gas and Electric 
     Company.

              TITLE LII--CENTRAL COAST HERITAGE PROTECTION

     SEC. 5201. DEFINITIONS.

       In this title:
       (1) Scenic area.--The term ``scenic area'' means a scenic 
     area designated by section 5207(a).
       (2) Secretary.--The term ``Secretary'' means--
       (A) with respect to land managed by the Bureau of Land 
     Management, the Secretary of the Interior; and
       (B) with respect to land managed by the Forest Service, the 
     Secretary of Agriculture.
       (3) State.--The term ``State'' means the State of 
     California.
       (4) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area or wilderness addition designated by section 
     5202(a).

     SEC. 5202. DESIGNATION OF WILDERNESS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Certain land in the Bakersfield Field Office of the 
     Bureau of Land Management comprising approximately 35,116 
     acres, as generally depicted on the map entitled ``Proposed 
     Caliente Mountain Wilderness'' and dated November 13, 2019, 
     which shall be known as the ``Caliente Mountain Wilderness''.
       (2) Certain land in the Bakersfield Field Office of the 
     Bureau of Land Management comprising approximately 13,332 
     acres, as generally depicted on the map entitled ``Proposed 
     Soda Lake Wilderness'' and dated June 25, 2019, which shall 
     be known as the ``Soda Lake Wilderness''.
       (3) Certain land in the Bakersfield Field Office of the 
     Bureau of Land Management comprising approximately 12,585 
     acres, as generally depicted on the map entitled ``Proposed 
     Temblor Range Wilderness'' and dated June 25, 2019, which 
     shall be known as the ``Temblor Range Wilderness''.
       (4) Certain land in the Los Padres National Forest 
     comprising approximately 23,670 acres, as generally depicted 
     on the map entitled ``Chumash Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Chumash 
     Wilderness as designated by section 2(5) of the Los Padres 
     Condor Range and River Protection Act (16 U.S.C. 1132 note; 
     Public Law 102-301; 106 Stat. 243).
       (5) Certain land in the Los Padres National Forest 
     comprising approximately 54,036 acres, as generally depicted 
     on the maps entitled ``Dick Smith Wilderness Area Additions--
     Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and 
     ``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2 
     (Buckhorn and Mono Units)'' and dated November 14, 2019, 
     which shall be incorporated into and managed as part of the 
     Dick Smith Wilderness as designated by section 101(a)(6) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1620).
       (6) Certain land in the Los Padres National Forest and the 
     Bakersfield Field Office of the Bureau of Land Management 
     comprising approximately 7,289 acres, as generally depicted 
     on the map entitled ``Garcia Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Garcia 
     Wilderness as designated by section 2(4) of the Los Padres 
     Condor Range and River Protection Act (16 U.S.C. 1132 note; 
     Public Law 102-301; 106 Stat. 243).
       (7) Certain land in the Los Padres National Forest and the 
     Bakersfield Field Office of the Bureau of Land Management 
     comprising approximately 8,774 acres, as generally depicted 
     on the map entitled ``Machesna Mountain Wilderness--Proposed 
     Additions'' and dated October 30, 2019, which shall be 
     incorporated into and managed as part of the Machesna 
     Mountain Wilderness as designated by section 101(a)(38) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425; 98 Stat. 1624).
       (8) Certain land in the Los Padres National Forest 
     comprising approximately 30,184 acres, as generally depicted 
     on the map entitled ``Matilija Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Matilija 
     Wilderness as designated by section 2(2) of the Los Padres 
     Condor Range and River Protection Act (16 U.S.C. 1132 note; 
     Public Law 102-301; 106 Stat. 242).
       (9) Certain land in the Los Padres National Forest 
     comprising approximately 23,969 acres, as generally depicted 
     on the map entitled ``San Rafael Wilderness Area Additions--
     Proposed'' and dated February 2, 2021, which shall be 
     incorporated into and managed as part of the San Rafael 
     Wilderness as designated by Public Law 90-271 (16 U.S.C. 1132 
     note; 82 Stat. 51).
       (10) Certain land in the Los Padres National Forest 
     comprising approximately 2,921 acres, as generally depicted 
     on the map entitled ``Santa Lucia Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Santa Lucia 
     Wilderness as designated by section 2(c) of the Endangered 
     American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public 
     Law 95-237; 92 Stat. 41).
       (11) Certain land in the Los Padres National Forest 
     comprising approximately 14,313 acres, as generally depicted 
     on the map entitled ``Sespe Wilderness Area Additions--
     Proposed'' and dated March 29, 2019, which shall be 
     incorporated into and managed as part of the Sespe Wilderness 
     as designated by section 2(1) of the Los Padres Condor Range 
     and River Protection Act (16 U.S.C. 1132 note; Public Law 
     102-301; 106 Stat. 242).
       (12) Certain land in the Los Padres National Forest 
     comprising approximately 17,870 acres, as generally depicted 
     on the map entitled ``Diablo Caliente Wilderness Area--
     Proposed'' and dated March 29, 2019, which shall be known as 
     the ``Diablo Caliente Wilderness''.
       (b) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of the wilderness areas with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical and typographical errors in the maps and 
     legal descriptions.
       (3) Public availability.--The maps and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service and Bureau of Land Management.

     SEC. 5203. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL 
                   WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     Los Padres National Forest comprising approximately 2,359 
     acres, as generally depicted on the map entitled ``Machesna 
     Mountain Potential Wilderness'' and dated March 29, 2019, is 
     designated as the Machesna Mountain Potential Wilderness 
     Area.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Machesna Mountain Potential 
     Wilderness Area (referred to in this section as the 
     ``potential wilderness area'') with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical and typographical errors in the map and 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (c) Management.--Except as provided in subsection (d) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (d) Trail Use, Construction, Reconstruction, and 
     Realignment.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary may reconstruct, realign, or reroute the Pine 
     Mountain Trail.
       (2) Requirement.--In carrying out the reconstruction, 
     realignment, or rerouting under paragraph (1), the Secretary 
     shall--
       (A) comply with all existing laws (including regulations); 
     and
       (B) to the maximum extent practicable, use the minimum tool 
     or administrative practice necessary to accomplish the 
     reconstruction, realignment, or rerouting with the least 
     amount of adverse impact on wilderness character and 
     resources.
       (3) Motorized vehicles and machinery.--In accordance with 
     paragraph (2), the Secretary may use motorized vehicles and 
     machinery to carry out the trail reconstruction, realignment, 
     or rerouting authorized by this subsection.
       (4) Motorized and mechanized vehicles.--The Secretary may 
     permit the use of motorized and mechanized vehicles on the 
     existing Pine Mountain Trail in accordance with existing law 
     (including regulations) and this subsection until such date 
     as the potential

[[Page S7674]]

     wilderness area is designated as wilderness in accordance 
     with subsection (h).
       (e) Withdrawal.--Subject to valid existing rights, the 
     Federal land in the potential wilderness area is withdrawn 
     from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into cooperative agreements with 
     State, Tribal, and local governmental entities and private 
     entities to complete the trail reconstruction, realignment, 
     or rerouting authorized by subsection (d).
       (g) Boundaries.--The Secretary shall modify the boundary of 
     the potential wilderness area to exclude any area within 150 
     feet of the centerline of the new location of any trail that 
     has been reconstructed, realigned, or rerouted under 
     subsection (d).
       (h) Wilderness Designation.--
       (1) In general.--The potential wilderness area, as modified 
     under subsection (g), shall be designated as wilderness and 
     as a component of the National Wilderness Preservation System 
     on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the trail reconstruction, 
     realignment, or rerouting authorized by subsection (d) has 
     been completed; and
       (B) the date that is 20 years after the date of enactment 
     of this Act.
       (2) Administration of wilderness.--On designation as 
     wilderness under this section, the potential wilderness area 
     shall be--
       (A) incorporated into the Machesna Mountain Wilderness 
     Area, as designated by section 101(a)(38) of the California 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     425; 98 Stat. 1624) and expanded by section 5202; and
       (B) administered in accordance with section 5204 and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 5204. ADMINISTRATION OF WILDERNESS.

       (a) In General.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with this title and the Wilderness Act (16 U.S.C. 
     1131 et seq.), except that--
       (1) any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the effective date of that Act shall be considered 
     to be a reference to the date of enactment of this Act; and
       (2) any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the Secretary of Agriculture shall be considered to 
     be a reference to the Secretary that has jurisdiction over 
     the wilderness area.
       (b) Fire Management and Related Activities.--
       (1) In general.--The Secretary may take any measures in a 
     wilderness area as are necessary for the control of fire, 
     insects, and diseases in accordance with section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 
     98-40 of the 98th Congress.
       (2) Funding priorities.--Nothing in this title limits 
     funding for fire and fuels management in the wilderness 
     areas.
       (3) Revision and development of local fire management 
     plans.--As soon as practicable after the date of enactment of 
     this Act, the Secretary shall amend the local information in 
     the Fire Management Reference System or individual 
     operational plan that applies to the land designated as a 
     wilderness area.
       (4) Administration.--Consistent with paragraph (1) and 
     other applicable Federal law, to ensure a timely and 
     efficient response to fire emergencies in the wilderness 
     areas, the Secretary shall enter into agreements with 
     appropriate State or local firefighting agencies.
       (c) Grazing.--The grazing of livestock in the wilderness 
     areas, if established before the date of enactment of this 
     Act, shall be permitted to continue, subject to any 
     reasonable regulations as the Secretary considers necessary 
     in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4));
       (2) the guidelines set forth in Appendix A of House Report 
     101-405, accompanying H.R. 2570 of the 101st Congress for 
     land under the jurisdiction of the Secretary of the Interior;
       (3) the guidelines set forth in House Report 96-617, 
     accompanying H.R. 5487 of the 96th Congress for land under 
     the jurisdiction of the Secretary of Agriculture; and
       (4) all other laws governing livestock grazing on Federal 
     public land.
       (d) Fish and Wildlife.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
     affects the jurisdiction or responsibilities of the State 
     with respect to fish and wildlife on public land in the 
     State.
       (2) Management activities.--In furtherance of the purposes 
     and principles of the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the Secretary may conduct any management activities 
     that are necessary to maintain or restore fish and wildlife 
     populations and habitats in the wilderness areas, if the 
     management activities are--
       (A) consistent with relevant wilderness management plans;
       (B) conducted in accordance with appropriate policies, such 
     as the policies established in Appendix B of House Report 
     101-405; and
       (C) in accordance with memoranda of understanding between 
     the Federal agencies and the State Department of Fish and 
     Wildlife.
       (e) Buffer Zones.--
       (1) In general.--Congress does not intend for the 
     designation of wilderness areas by this title to lead to the 
     creation of protective perimeters or buffer zones around each 
     wilderness area.
       (2) Activities or uses up to boundaries.--The fact that 
     nonwilderness activities or uses can be seen or heard from 
     within a wilderness area shall not, of itself, preclude the 
     activities or uses up to the boundary of the wilderness area.
       (f) Military Activities.--Nothing in this title precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas;
       (2) the designation of new units of special airspace over 
     the wilderness areas; or
       (3) the use or establishment of military flight training 
     routes over wilderness areas.
       (g) Horses.--Nothing in this title precludes horseback 
     riding in, or the entry of recreational saddle or pack stock 
     into, a wilderness area--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (h) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (i) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area that is acquired by 
     the United States shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with--
       (A) this section;
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (C) any other applicable law.
       (j) Treatment of Existing Water Diversions in the San 
     Rafael Wilderness Additions.--
       (1) Authorization for continued use.--The Secretary of 
     Agriculture may issue a special use authorization to the 
     owners of the 2 existing water transport or diversion 
     facilities, including administrative access roads (each 
     referred to in this subsection as a ``facility''), located on 
     National Forest System land in the San Rafael Wilderness 
     Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 
     13 and 14) and the Peak Mountain unit (T. 10 N., R. 28 W., 
     secs. 23 and 26) for the continued operation, maintenance, 
     and reconstruction of the facility if the Secretary 
     determines that--
       (A) the facility was in existence on the date on which the 
     land on which the facility is located was designated as part 
     of the National Wilderness Preservation System (referred to 
     in this subsection as ``the date of designation'');
       (B) the facility has been in substantially continuous use 
     to deliver water for the beneficial use on the non-Federal 
     land of the owner since the date of designation;
       (C) the owner of the facility holds a valid water right for 
     use of the water on the non-Federal land of the owner under 
     State law, with a priority date that predates the date of 
     designation; and
       (D) it is not practicable or feasible to relocate the 
     facility to land outside of the wilderness and continue the 
     beneficial use of water on the non-Federal land recognized 
     under State law.
       (2) Terms and conditions.--
       (A) Required terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may--
       (i) allow use of motorized equipment and mechanized 
     transport for operation, maintenance, or reconstruction of a 
     facility, if the Secretary determines that--

       (I) the use is the minimum necessary to allow the facility 
     to continue delivery of water to the non-Federal land for the 
     beneficial uses recognized by the water right held under 
     State law; and
       (II) the use of nonmotorized equipment and nonmechanized 
     transport is impracticable or infeasible; and

       (ii) preclude use of the facility for the diversion or 
     transport of water in excess of the water right recognized by 
     the State on the date of designation.
       (B) Discretionary terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may 
     require or allow modification or relocation of the facility 
     in the wilderness, as the Secretary determines necessary, to 
     reduce impacts to wilderness values set forth in section 2 of 
     the Wilderness Act (16 U.S.C. 1131) if the beneficial use of 
     water on the non-Federal land is not diminished.
       (k) Treatment of Existing Electrical Distribution Line in 
     the San Rafael Wilderness Additions.--
       (1) Authorization for continued use.--The Secretary of 
     Agriculture may issue a special use authorization to the 
     owners of the existing electrical distribution line to the 
     Plowshare Peak communication site (referred to in this 
     subsection as a ``facility'') located on National Forest 
     System land in the San Rafael Wilderness Additions in the 
     Moon Canyon unit (T. 11 N., R. 30 W., secs. 2,

[[Page S7675]]

     3 and 4) for the continued operation, maintenance, and 
     reconstruction of the facility if the Secretary determines 
     that--
       (A) the facility was in existence on the date on which the 
     land on which the facility is located was designated as part 
     of the National Wilderness Preservation System (referred to 
     in this subsection as ``the date of designation'');
       (B) the facility has been in substantially continuous use 
     to deliver electricity to the communication site; and
       (C) it is not practicable or feasible to relocate the 
     distribution line to land outside of the wilderness.
       (2) Terms and conditions.--
       (A) Required terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may 
     allow use of motorized equipment and mechanized transport for 
     operation, maintenance, or reconstruction of the electrical 
     distribution line, if the Secretary determines that the use 
     of nonmotorized equipment and nonmechanized transport is 
     impracticable or infeasible.
       (B) Discretionary terms and conditions.--In a special use 
     authorization issued under paragraph (1), the Secretary may 
     require or allow modification or relocation of the facility 
     in the wilderness, as the Secretary determines necessary, to 
     reduce impacts to wilderness values set forth in section 2 of 
     the Wilderness Act (16 U.S.C. 1131).
       (l) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms 
     and conditions as the Secretary may prescribe, the Secretary 
     may authorize the installation and maintenance of hydrologic, 
     meteorologic, or climatological collection devices in the 
     wilderness areas if the Secretary determines that the 
     facilities and access to the facilities are essential to 
     flood warning, flood control, or water reservoir operation 
     activities.

     SEC. 5205. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) Indian Creek, Mono Creek, and Matilija Creek, 
     California.--Section 3(a) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1274(a)) (as amended by section 5134) is amended 
     by adding at the end the following:
       ``(269) Indian creek, california.--The following segments 
     of Indian Creek in the State of California, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 9.5-mile segment of Indian Creek from its source 
     in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness 
     boundary, as a wild river.
       ``(B) The 1-mile segment of Indian Creek from the Dick 
     Smith Wilderness boundary to 0.25 miles downstream of Road 
     6N24, as a scenic river.
       ``(C) The 3.9-mile segment of Indian Creek from 0.25 miles 
     downstream of Road 6N24 to the southern boundary of sec. 32, 
     T. 6 N., R. 26 W., as a wild river.
       ``(270) Mono creek, california.--The following segments of 
     Mono Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 4.2-mile segment of Mono Creek from its source in 
     sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don 
     Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild 
     river.
       ``(B) The 2.1-mile segment of Mono Creek from 0.25 miles 
     upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 
     25 W., to 0.25 miles downstream of Don Victor Fire Road in 
     sec. 34, T. 7 N., R. 25 W., as a recreational river.
       ``(C) The 14.7-mile segment of Mono Creek from 0.25 miles 
     downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 
     W., to the Ogilvy Ranch private property boundary in sec. 22, 
     T. 6 N., R. 26 W., as a wild river.
       ``(D) The 3.5-mile segment of Mono Creek from the Ogilvy 
     Ranch private property boundary to the southern boundary of 
     sec. 33, T. 6 N., R. 26 W., as a recreational river.
       ``(271) Matilija creek, california.--The following segments 
     of Matilija Creek in the State of California, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 7.2-mile segment of the Matilija Creek from its 
     source in sec. 25, T. 6 N., R. 25 W., to the private property 
     boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
       ``(B) The 7.25-mile segment of the Upper North Fork 
     Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., 
     to the Matilija Wilderness boundary, as a wild river.''.
       (b) Sespe Creek, California.--Section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking 
     paragraph (142) and inserting the following:
       ``(142) Sespe creek, california.--The following segments of 
     Sespe Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 2.7-mile segment of Sespe Creek from the private 
     property boundary in sec. 10, T. 6 N., R. 24 W., to the 
     Hartman Ranch private property boundary in sec. 14, T. 6 N., 
     R. 24 W., as a wild river.
       ``(B) The 15-mile segment of Sespe Creek from the Hartman 
     Ranch private property boundary in sec. 14, T. 6 N., R. 24 
     W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as 
     a recreational river.
       ``(C) The 6.1-mile segment of Sespe Creek from the western 
     boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with 
     Trout Creek, as a scenic river.
       ``(D) The 28.6-mile segment of Sespe Creek from the 
     confluence with Trout Creek to the southern boundary of sec. 
     35, T. 5 N., R. 20 W., as a wild river.''.
       (c) Sisquoc River, California.--Section 3(a) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 
     striking paragraph (143) and inserting the following:
       ``(143) Sisquoc river, california.--The following segments 
     of the Sisquoc River and its tributaries in the State of 
     California, to be administered by the Secretary of 
     Agriculture:
       ``(A) The 33-mile segment of the main stem of the Sisquoc 
     River extending from its origin downstream to the Los Padres 
     Forest boundary, as a wild river.
       ``(B) The 4.2-mile segment of the South Fork Sisquoc River 
     from its source northeast of San Rafael Mountain in sec. 2, 
     T. 7 N., R. 28 W., to its confluence with the Sisquoc River, 
     as a wild river.
       ``(C) The 10.4-mile segment of Manzana Creek from its 
     source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., 
     to the San Rafael Wilderness boundary upstream of Nira 
     Campground, as a wild river.
       ``(D) The 0.6-mile segment of Manzana Creek from the San 
     Rafael Wilderness boundary upstream of the Nira Campground to 
     the San Rafael Wilderness boundary downstream of the 
     confluence of Davy Brown Creek, as a recreational river.
       ``(E) The 5.8-mile segment of Manzana Creek from the San 
     Rafael Wilderness boundary downstream of the confluence of 
     Davy Brown Creek to the private property boundary in sec. 1, 
     T. 8 N., R. 30 W., as a wild river.
       ``(F) The 3.8-mile segment of Manzana Creek from the 
     private property boundary in sec. 1, T. 8 N., R. 30 W., to 
     the confluence of the Sisquoc River, as a recreational river.
       ``(G) The 3.4-mile segment of Davy Brown Creek from its 
     source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 
     300 feet upstream of its confluence with Munch Canyon, as a 
     wild river.
       ``(H) The 1.4-mile segment of Davy Brown Creek from 300 
     feet upstream of its confluence with Munch Canyon to its 
     confluence with Manzana Creek, as a recreational river.
       ``(I) The 2-mile segment of Munch Canyon from its source 
     north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 
     feet upstream of its confluence with Sunset Valley Creek, as 
     a wild river.
       ``(J) The 0.5-mile segment of Munch Canyon from 300 feet 
     upstream of its confluence with Sunset Valley Creek to its 
     confluence with Davy Brown Creek, as a recreational river.
       ``(K) The 2.6-mile segment of Fish Creek from 500 feet 
     downstream of Sunset Valley Road to its confluence with 
     Manzana Creek, as a wild river.
       ``(L) The 1.5-mile segment of East Fork Fish Creek from its 
     source in sec. 26, T. 8 N., R. 29 W., to its confluence with 
     Fish Creek, as a wild river.''.
       (d) Piru Creek, California.--Section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking 
     paragraph (199) and inserting the following:
       ``(199) Piru creek, california.--The following segments of 
     Piru Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 9.1-mile segment of Piru Creek from its source in 
     sec. 3, T. 6 N., R. 22 W., to the private property boundary 
     in sec. 4, T. 6 N., R. 21 W., as a wild river.
       ``(B) The 17.2-mile segment of Piru Creek from the private 
     property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles 
     downstream of the Gold Hill Road, as a scenic river.
       ``(C) The 4.1-mile segment of Piru Creek from 0.25 miles 
     downstream of Gold Hill Road to the confluence with Trail 
     Canyon, as a wild river.
       ``(D) The 7.25-mile segment of Piru Creek from the 
     confluence with Trail Canyon to the confluence with Buck 
     Creek, as a scenic river.
       ``(E) The 3-mile segment of Piru Creek from 0.5 miles 
     downstream of Pyramid Dam at the first bridge crossing to the 
     boundary of the Sespe Wilderness, as a recreational river.
       ``(F) The 13-mile segment of Piru Creek from the boundary 
     of the Sespe Wilderness to the boundary of the Sespe 
     Wilderness, as a wild river.
       ``(G) The 2.2-mile segment of Piru Creek from the boundary 
     of the Sespe Wilderness to the upper limit of Piru Reservoir, 
     as a recreational river.''.
       (e) Effect.--The designation of additional miles of Piru 
     Creek under subsection (d) shall not affect valid water 
     rights in existence on the date of enactment of this Act.
       (f) Motorized Use of Trails.--Nothing in this section 
     (including the amendments made by this section) affects the 
     motorized use of trails designated by the Forest Service for 
     motorized use that are located adjacent to and crossing upper 
     Piru Creek, if the use is consistent with the protection and 
     enhancement of river values under the Wild and Scenic Rivers 
     Act (16 U.S.C. 1271 et seq.).

     SEC. 5206. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL 
                   WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     Los Padres National Forest comprising approximately 41,082 
     acres, as generally depicted on the map entitled ``Fox 
     Mountain Potential Wilderness Area'' and dated November 14, 
     2019, is designated as the Fox Mountain Potential Wilderness 
     Area.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     file a map and a legal description of the Fox Mountain 
     Potential Wilderness Area (referred to in this section as the 
     ``potential wilderness area'') with--

[[Page S7676]]

       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary of 
     Agriculture may correct any clerical and typographical errors 
     in the map and legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (c) Management.--Except as provided in subsection (d) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (d) Trail Use Construction, Reconstruction, and 
     Realignment.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary of Agriculture may--
       (A) construct a new trail for use by hikers, equestrians, 
     and mechanized vehicles that connects the Aliso Park 
     Campground to the Bull Ridge Trail; and
       (B) reconstruct or realign--
       (i) the Bull Ridge Trail; and
       (ii) the Rocky Ridge Trail.
       (2) Requirement.--In carrying out the construction, 
     reconstruction, or alignment under paragraph (1), the 
     Secretary shall--
       (A) comply with all existing laws (including regulations); 
     and
       (B) to the maximum extent practicable, use the minimum tool 
     or administrative practice necessary to accomplish the 
     construction, reconstruction, or alignment with the least 
     amount of adverse impact on wilderness character and 
     resources.
       (3) Motorized vehicles and machinery.--In accordance with 
     paragraph (2), the Secretary may use motorized vehicles and 
     machinery to carry out the trail construction, 
     reconstruction, or realignment authorized by this subsection.
       (4) Mechanized vehicles.--The Secretary may permit the use 
     of mechanized vehicles on the existing Bull Ridge Trail and 
     Rocky Ridge Trail in accordance with existing law (including 
     regulations) and this subsection until such date as the 
     potential wilderness area is designated as wilderness in 
     accordance with subsection (h).
       (e) Withdrawal.--Subject to valid existing rights, the 
     Federal land in the potential wilderness area is withdrawn 
     from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into cooperative agreements with 
     State, Tribal, and local governmental entities and private 
     entities to complete the trail construction, reconstruction, 
     and realignment authorized by subsection (d).
       (g) Boundaries.--The Secretary shall modify the boundary of 
     the potential wilderness area to exclude any area within 50 
     feet of the centerline of the new location of any trail that 
     has been constructed, reconstructed, or realigned under 
     subsection (d).
       (h) Wilderness Designation.--
       (1) In general.--The potential wilderness area, as modified 
     under subsection (g), shall be designated as wilderness and 
     as a component of the National Wilderness Preservation System 
     on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the trail construction, 
     reconstruction, or alignment authorized by subsection (d) has 
     been completed; and
       (B) the date that is 20 years after the date of enactment 
     of this Act.
       (2) Administration of wilderness.--On designation as 
     wilderness under this section, the potential wilderness area 
     shall be--
       (A) incorporated into the San Rafael Wilderness, as 
     designated by Public Law 90-271 (16 U.S.C. 1132 note; 82 
     Stat. 51) and expanded by section 5202; and
       (B) administered in accordance with section 5204 and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 5207. DESIGNATION OF SCENIC AREAS.

       (a) In General.--Subject to valid existing rights, there 
     are established the following scenic areas:
       (1) Condor ridge scenic area.--Certain land in the Los 
     Padres National Forest comprising approximately 18,666 acres, 
     as generally depicted on the map entitled ``Condor Ridge 
     Scenic Area--Proposed'' and dated March 29, 2019, which shall 
     be known as the ``Condor Ridge Scenic Area''.
       (2) Black mountain scenic area.--Certain land in the Los 
     Padres National Forest and the Bakersfield Field Office of 
     the Bureau of Land Management comprising approximately 16,216 
     acres, as generally depicted on the map entitled ``Black 
     Mountain Scenic Area--Proposed'' and dated March 29, 2019, 
     which shall be known as the ``Black Mountain Scenic Area''.
       (b) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     file a map and legal description of the Condor Ridge Scenic 
     Area and Black Mountain Scenic Area with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary of 
     Agriculture may correct any clerical and typographical errors 
     in the maps and legal descriptions.
       (3) Public availability.--The maps and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service and Bureau of Land Management.
       (c) Purpose.--The purpose of the scenic areas is to 
     conserve, protect, and enhance for the benefit and enjoyment 
     of present and future generations the ecological, scenic, 
     wildlife, recreational, cultural, historical, natural, 
     educational, and scientific resources of the scenic areas.
       (d) Management.--
       (1) In general.--The Secretary shall administer the scenic 
     areas--
       (A) in a manner that conserves, protects, and enhances the 
     resources of the scenic areas, and in particular the scenic 
     character attributes of the scenic areas; and
       (B) in accordance with--
       (i) this section;
       (ii) the Federal Land Policy and Management Act (43 U.S.C. 
     1701 et seq.) for land under the jurisdiction of the 
     Secretary of the Interior;
       (iii) any laws (including regulations) relating to the 
     National Forest System, for land under the jurisdiction of 
     the Secretary of Agriculture; and
       (iv) any other applicable law (including regulations).
       (2) Uses.--The Secretary shall only allow those uses of the 
     scenic areas that the Secretary determines would further the 
     purposes described in subsection (c).
       (e) Withdrawal.--Subject to valid existing rights, the 
     Federal land in the scenic areas is withdrawn from all forms 
     of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Prohibited Uses.--The following shall be prohibited on 
     the Federal land within the scenic areas:
       (1) Permanent roads.
       (2) Permanent structures.
       (3) Timber harvesting except when necessary for the 
     purposes described in subsection (g).
       (4) Transmission lines.
       (5) Except as necessary to meet the minimum requirements 
     for the administration of the scenic areas and to protect 
     public health and safety--
       (A) the use of motorized vehicles; or
       (B) the establishment of temporary roads.
       (6) Commercial enterprises, except as necessary for 
     realizing the purposes of the scenic areas.
       (g) Wildfire, Insect, and Disease Management.--Consistent 
     with this section, the Secretary may take any measures in the 
     scenic areas that the Secretary determines to be necessary to 
     control fire, insects, and diseases, including, as the 
     Secretary determines to be appropriate, the coordination of 
     those activities with the State or a local agency.
       (h) Adjacent Management.--The fact that an otherwise 
     authorized activity or use can be seen or heard within a 
     scenic area shall not preclude the activity or use outside 
     the boundary of the scenic area.

     SEC. 5208. CONDOR NATIONAL SCENIC TRAIL.

       (a) Finding.--Congress finds that the Condor National 
     Scenic Trail established under paragraph (31) of section 5(a) 
     of the National Trails System Act (16 U.S.C. 1244(a)) is 
     named after the California Condor, a critically endangered 
     bird species that lives along the corridor of the Condor 
     National Scenic Trail.
       (b) Purposes.--The purposes of the Condor National Scenic 
     Trail are--
       (1) to provide a continual extended hiking corridor that 
     connects the southern and northern portions of the Los Padres 
     National Forest, spanning the entire length of the forest 
     along the coastal mountains of southern and central 
     California; and
       (2) to provide for the public enjoyment of the nationally 
     significant scenic, historic, natural, and cultural resources 
     of the Los Padres National Forest.
       (c) Amendment.--Section 5(a) of the National Trails System 
     Act (16 U.S.C. 1244(a)) is amended by adding at the end the 
     following:
       ``(31) Condor national scenic trail.--
       ``(A) In general.--The Condor National Scenic Trail, a 
     trail extending approximately 400 miles from Lake Piru in the 
     southern portion of the Los Padres National Forest to the 
     Bottchers Gap Campground in the northern portion of the Los 
     Padres National Forest.
       ``(B) Administration.--The Condor National Scenic Trail 
     shall be administered by the Secretary of Agriculture, in 
     consultation with--
       ``(i) other Federal, State, Tribal, regional, and local 
     agencies;
       ``(ii) private landowners; and
       ``(iii) other interested organizations.
       ``(C) Recreational uses.--Notwithstanding section 7(c), the 
     use of motorized vehicles on roads or trails included in the 
     Condor National Scenic Trail on which motorized vehicles are 
     permitted as of the date of enactment of this paragraph may 
     be permitted.

[[Page S7677]]

       ``(D) Private property rights.--
       ``(i) Prohibition.--The Secretary shall not acquire for the 
     Condor National Scenic Trail any land or interest in land 
     outside the exterior boundary of any federally managed area 
     without the consent of the owner of land or interest in land.
       ``(ii) Effect.--Nothing in this paragraph--

       ``(I) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to private property; or
       ``(II) modifies any provision of Federal, State, or local 
     law with respect to public access to or use of private land.

       ``(E) Realignment.--The Secretary of Agriculture may 
     realign segments of the Condor National Scenic Trail as 
     necessary to fulfill the purposes of the Condor National 
     Scenic Trail.''.
       (d) Study.--
       (1) Study required.--Not later than 3 years after the date 
     of enactment of this Act, in accordance with this subsection, 
     the Secretary of Agriculture shall conduct a study that--
       (A) addresses the feasibility of, and alternatives for, 
     connecting the northern and southern portions of the Los 
     Padres National Forest by establishing a trail across the 
     applicable portions of the northern and southern Santa Lucia 
     Mountains of the southern California Coastal Range; and
       (B) considers realignment of the Condor National Scenic 
     Trail or construction of new segments for the Condor National 
     Scenic Trail to avoid existing segments of the Condor 
     National Scenic Trail that allow motorized vehicles.
       (2) Contents.--In carrying out the study required under 
     paragraph (1), the Secretary of Agriculture shall--
       (A) comply with the requirements for studies for a national 
     scenic trail described in section 5(b) of the National Trails 
     System Act (16 U.S.C. 1244(b));
       (B) provide for a continual hiking route through and 
     connecting the southern and northern sections of the Los 
     Padres National Forest;
       (C) promote recreational, scenic, wilderness, and cultural 
     values;
       (D) enhance connectivity with the overall system of 
     National Forest System trails;
       (E) consider new connectors and realignment of existing 
     trails;
       (F) emphasize safe and continuous public access, dispersal 
     from high-use areas, and suitable water sources; and
       (G) to the extent practicable, provide all-year use.
       (3) Additional requirement.--In completing the study 
     required under paragraph (1), the Secretary of Agriculture 
     shall consult with--
       (A) appropriate Federal, State, Tribal, regional, and local 
     agencies;
       (B) private landowners;
       (C) nongovernmental organizations; and
       (D) members of the public.
       (4) Submission.--The Secretary of Agriculture shall submit 
     the study required under paragraph (1) to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (5) Additions and alterations to the condor national scenic 
     trail.--
       (A) In general.--On completion of the study required under 
     paragraph (1), if the Secretary of Agriculture determines 
     that additional or alternative trail segments are feasible 
     for inclusion in the Condor National Scenic Trail, the 
     Secretary of Agriculture shall include the segments in the 
     Condor National Scenic Trail.
       (B) Effective date.--An addition or alteration to the 
     Condor National Scenic Trail determined to be feasible under 
     subparagraph (A) shall take effect on the date on which the 
     Secretary of Agriculture publishes in the Federal Register 
     notice that the additional or alternative segments are 
     included in the Condor National Scenic Trail.
       (e) Cooperative Agreements.--In carrying out this section 
     (including the amendments made by this section), the 
     Secretary of Agriculture may enter into cooperative 
     agreements with State, Tribal, and local government entities 
     and private entities to complete necessary construction, 
     reconstruction, and realignment projects authorized for the 
     Condor National Scenic Trail under this section (including 
     the amendments made by this section).

     SEC. 5209. FOREST SERVICE STUDY.

       Not later than 6 years after the date of enactment of this 
     Act, the Secretary of Agriculture (acting through the Chief 
     of the Forest Service) shall study the feasibility of opening 
     a new trail, for vehicles measuring 50 inches or less, 
     connecting Forest Service Highway 95 to the existing off-
     highway vehicle trail system in the Ballinger Canyon off-
     highway vehicle area.

     SEC. 5210. NONMOTORIZED RECREATION OPPORTUNITIES.

       Not later than 6 years after the date of enactment of this 
     Act, the Secretary of Agriculture, in consultation with 
     interested parties, shall conduct a study to improve 
     nonmotorized recreation trail opportunities (including 
     mountain bicycling) on land not designated as wilderness 
     within the Santa Barbara, Ojai, and Mt. Pinos ranger 
     districts.

     SEC. 5211. USE BY MEMBERS OF INDIAN TRIBES.

       (a) Access.--The Secretary shall ensure that Indian Tribes 
     have access, in accordance with the Wilderness Act (16 U.S.C. 
     1131 et seq.), to the wilderness areas, scenic areas, and 
     potential wilderness areas designated by this title for 
     traditional cultural and religious purposes.
       (b) Temporary Closures.--
       (1) In general.--In carrying out this section, the 
     Secretary, on request of an Indian Tribe, may temporarily 
     close to the general public 1 or more specific portions of a 
     wilderness area, scenic area, or potential wilderness area 
     designated by this title to protect the privacy of the 
     members of the Indian Tribe in the conduct of traditional 
     cultural and religious activities.
       (2) Requirement.--Any closure under paragraph (1) shall 
     be--
       (A) made in such a manner as to affect the smallest 
     practicable area for the minimum period of time necessary for 
     the activity to be carried out; and
       (B) be consistent with--
       (i) Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
       (ii) the Wilderness Act (16 U.S.C. 1131 et seq.).

   TITLE LIII--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION

     SEC. 5301. DEFINITION OF STATE.

       In this title, the term ``State'' means the State of 
     California.

            Subtitle A--San Gabriel National Recreation Area

     SEC. 5311. PURPOSES.

       The purposes of this subtitle are--
       (1) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the ecological, 
     scenic, wildlife, recreational, cultural, historical, 
     natural, educational, and scientific resources of the 
     Recreation Area;
       (2) to provide environmentally responsible, well-managed 
     recreational opportunities within the Recreation Area;
       (3) to improve access to and from the Recreation Area;
       (4) to provide expanded educational and interpretive 
     services to increase public understanding of, and 
     appreciation for, the natural and cultural resources of the 
     Recreation Area;
       (5) to facilitate the cooperative management of the land 
     and resources within the Recreation Area, in collaboration 
     with--
       (A) the State;
       (B) political subdivisions of the State;
       (C) historical, business, cultural, civic, recreational, 
     tourism, and other nongovernmental organizations; and
       (D) the public; and
       (6) to allow the continued use of the Recreation Area by 
     all individuals, entities, and local government agencies in 
     activities relating to integrated water management, flood 
     protection, water conservation, water quality, water rights, 
     water supply, groundwater recharge and monitoring, wastewater 
     treatment, public roads and bridges, and utilities within or 
     adjacent to the Recreation Area.

     SEC. 5312. DEFINITIONS.

       In this subtitle:
       (1) Adjudication.--The term ``adjudication'' means any 
     final judgment, order, ruling, or decree entered in any 
     judicial proceeding adjudicating or affecting--
       (A) a water right;
       (B) surface water management; or
       (C) groundwater management.
       (2) Advisory council.--The term ``Advisory Council'' means 
     the San Gabriel National Recreation Area Public Advisory 
     Council established under section 5317(a).
       (3) Federal land.--The term ``Federal land'' means--
       (A) public land under the jurisdiction of the Secretary; 
     and
       (B) land under the jurisdiction of the Secretary of 
     Defense, acting through the Chief of Engineers.
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Recreation Area required under 
     section 5314(d).
       (5) Partnership.--The term ``Partnership'' means the San 
     Gabriel National Recreation Area Partnership established by 
     section 5318(a).
       (6) Public water system.--The term ``public water system'' 
     has the meaning given the term in--
       (A) section 1401 of the Safe Drinking Water Act (42 U.S.C. 
     300f); or
       (B) section 116275 of the California Health and Safety 
     Code.
       (7) Recreation area.--The term ``Recreation Area'' means 
     the San Gabriel National Recreation Area established by 
     section 5313(a).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) Utility facility.--The term ``utility facility'' 
     means--
       (A)(i) any electric substation, communication facility, 
     tower, pole, line, ground wire, communication circuit, or 
     other structure; and
       (ii) any related infrastructure; and
       (B) any facility associated with a public water system.
       (10) Water resource facility.--The term ``water resource 
     facility'' means--
       (A) an irrigation or pumping facility;
       (B) a dam or reservoir;
       (C) a flood control facility;
       (D) a water conservation works (including a debris 
     protection facility);
       (E) a sediment placement site;
       (F) a rain gauge or stream gauge;
       (G) a water quality facility;
       (H) a water storage tank or reservoir;

[[Page S7678]]

       (I) a recycled water facility or water pumping, conveyance, 
     or distribution system;
       (J) a water or wastewater treatment facility;
       (K) an aqueduct, canal, ditch, pipeline, well, hydropower 
     project, or transmission or other ancillary facility;
       (L) a groundwater recharge facility;
       (M) a water conservation facility;
       (N) a water filtration plant; and
       (O) any other water diversion, conservation, groundwater 
     recharge, storage, or carriage structure.

     SEC. 5313. SAN GABRIEL NATIONAL RECREATION AREA.

       (a) Establishment; Boundaries.--Subject to valid existing 
     rights, there is established as a unit of the National Park 
     System in the State the San Gabriel National Recreation Area 
     depicted as the ``Proposed San Gabriel National Recreation 
     Area'' on the map entitled ``San Gabriel National Recreation 
     Area Proposed Boundary'', numbered 503/152,737, and dated 
     July 2019.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the Recreation Area with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any clerical or typographical error in the map or 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the National 
     Park Service.
       (c) Administration and Jurisdiction.--
       (1) Public land.--The public land included in the 
     Recreation Area shall be administered by the Secretary, 
     acting through the Director of the National Park Service.
       (2) Department of defense land.--Notwithstanding the 
     inclusion of Federal land under the jurisdiction of the 
     Secretary of Defense in the Recreation Area, nothing in this 
     subtitle--
       (A) transfers administrative jurisdiction of that Federal 
     land from the Secretary of Defense; or
       (B) otherwise affects any Federal land under the 
     jurisdiction of the Secretary of Defense.
       (3) State and local jurisdiction.--Nothing in this subtitle 
     alters, modifies, or diminishes any right, responsibility, 
     power, authority, jurisdiction, or entitlement of the State, 
     a political subdivision of the State, including a court of 
     competent jurisdiction, regulatory commission, board, or 
     department, or any State or local agency under any applicable 
     Federal, State, or local law (including regulations).

     SEC. 5314. MANAGEMENT.

       (a) National Park System.--Subject to valid existing 
     rights, the Secretary shall manage the public land included 
     in the Recreation Area in a manner that protects and enhances 
     the natural resources and values of the public land, in 
     accordance with--
       (1) this subtitle;
       (2) the laws generally applicable to units of the National 
     Park System, including section 100101(a), chapter 1003, and 
     sections 100751(a), 100752, 100753, and 102101 of title 54, 
     United States Code; and
       (3) other applicable law (including regulations), 
     adjudications, and orders.
       (b) Cooperation With Secretary of Defense.--The Secretary 
     shall cooperate with the Secretary of Defense to develop 
     opportunities for the management of the Federal land under 
     the jurisdiction of the Secretary of Defense included in the 
     Recreation Area in accordance with the purposes described in 
     section 5311, to the maximum extent practicable.
       (c) Treatment of Non-Federal Land.--
       (1) In general.--Nothing in this subtitle--
       (A) authorizes the Secretary to take any action that would 
     affect the use of any land not owned by the United States 
     within the Recreation Area;
       (B) affects the use of, or access to, any non-Federal land 
     within the Recreation Area;
       (C) modifies any provision of Federal, State, or local law 
     with respect to public access to, or use of, non-Federal 
     land;
       (D) requires any owner of non-Federal land to allow public 
     access (including Federal, State, or local government access) 
     to private property or any other non-Federal land;
       (E) alters any duly adopted land use regulation, approved 
     land use plan, or any other regulatory authority of any State 
     or local agency or unit of Tribal government;
       (F) creates any liability, or affects any liability under 
     any other law, of any private property owner or other owner 
     of non-Federal land with respect to any person injured on the 
     private property or other non-Federal land;
       (G) conveys to the Partnership any land use or other 
     regulatory authority;
       (H) causes any Federal, State, or local regulation or 
     permit requirement intended to apply to units of the National 
     Park System to affect--
       (i) the Federal land under the jurisdiction of the 
     Secretary of Defense; or
       (ii) non-Federal land within the boundaries of the 
     Recreation Area; or
       (I) requires any local government to participate in any 
     program administered by the Secretary.
       (2) Cooperation.--The Secretary is encouraged to work with 
     owners of non-Federal land who have agreed to cooperate with 
     the Secretary to advance the purposes of this subtitle.
       (3) Buffer zones.--
       (A) In general.--Nothing in this subtitle establishes any 
     protective perimeter or buffer zone around the Recreation 
     Area.
       (B) Activities or uses up to boundaries.--The fact that an 
     activity or use of land can be seen or heard from within the 
     Recreation Area shall not preclude the activity or land use 
     up to the boundary of the Recreation Area.
       (4) Facilities.--Nothing in this subtitle affects the 
     operation, maintenance, modification, construction, 
     destruction, removal, relocation, improvement, or expansion 
     of--
       (A) any water resource facility or public water system;
       (B) any solid waste, sanitary sewer, water, or wastewater 
     treatment, groundwater recharge or conservation, 
     hydroelectric, or conveyance distribution system;
       (C) any recycled water facility; or
       (D) any other utility facility located within or adjacent 
     to the Recreation Area.
       (5) Exemption.--Section 100903 of title 54, United States 
     Code, shall not apply to--
       (A) the Puente Hills landfill; or
       (B) any materials recovery facility or intermodal facility 
     associated with the Recreation Area.
       (d) Management Plan.--
       (1) Deadline.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary and the Advisory Council 
     shall establish a comprehensive management plan for the 
     Recreation Area that supports the purposes described in 
     section 5311.
       (2) Use of existing plans.--In developing the management 
     plan, to the extent consistent with this section, the 
     Secretary may incorporate any provision of a land use or 
     other plan applicable to the public land included in the 
     Recreation Area.
       (3) Incorporation of visitor services plan.--To the maximum 
     extent practicable, the Secretary shall incorporate into the 
     management plan the visitor services plan under section 
     5319(a)(2).
       (4) Partnership.--In developing the management plan, the 
     Secretary shall--
       (A) consider recommendations of the Partnership; and
       (B) to the maximum extent practicable, incorporate 
     recommendations of the Partnership into the management plan, 
     if the Secretary determines that the recommendations are 
     feasible and consistent with the purposes described in 
     section 5311, this subtitle, and applicable law (including 
     regulations).
       (e) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction of the State with respect to fish or 
     wildlife located on public land in the State.

     SEC. 5315. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION 
                   AREA.

       (a) Limited Acquisition Authority.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may acquire non-Federal land within the boundaries of the 
     Recreation Area only through exchange, donation, or purchase 
     from a willing seller.
       (2) Determination required.--Before acquiring any land or 
     interest in land pursuant to this subsection, the Secretary 
     shall make a determination that the land contains an 
     important biological, cultural, historic, or recreational 
     value.
       (b) Prohibition on Use of Eminent Domain.--Nothing in this 
     subtitle authorizes the use of eminent domain to acquire land 
     or an interest in land.
       (c) Treatment of Acquired Land.--Any land or interest in 
     land acquired by the United States within the boundaries of 
     the Recreation Area shall be--
       (1) included in the Recreation Area; and
       (2) administered by the Secretary in accordance with--
       (A) this subtitle; and
       (B) other applicable laws (including regulations).

     SEC. 5316. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC 
                   ROADS; UTILITY FACILITIES.

       (a) No Effect on Water Rights.--Nothing in this subtitle or 
     section 5322--
       (1) affects the use or allocation, as in existence on the 
     date of enactment of this Act, of any water, water right, or 
     interest in water (including potable, recycled, reclaimed, 
     waste, imported, exported, banked, or stored water, surface 
     water, groundwater, and public trust interest);
       (2) affects any public or private contract in existence on 
     the date of enactment of this Act for the sale, lease, loan, 
     or transfer of any water (including potable, recycled, 
     reclaimed, waste, imported, exported, banked, or stored 
     water, surface water, and groundwater);
       (3) relinquishes or reduces any water right reserved or 
     appropriated by the United States in the State on or before 
     the date of enactment of this Act;
       (4) authorizes or imposes any new reserved Federal water 
     right or expands water usage pursuant to any existing Federal 
     reserved riparian or appropriative right;
       (5) relinquishes or reduces any water right (including 
     potable, recycled, reclaimed, waste, imported, exported, 
     banked, or stored water, surface water, and groundwater) 
     held, reserved, or appropriated by any public entity or other 
     individual or entity on or before the date of enactment of 
     this Act;

[[Page S7679]]

       (6) interferes or conflicts with the exercise of the powers 
     or duties of any watermaster, public agency, public water 
     system, court of competent jurisdiction, or other body or 
     entity responsible for groundwater or surface water 
     management or groundwater replenishment as designated or 
     established pursuant to any adjudication or Federal or State 
     law, including the management of the San Gabriel River 
     watershed and basin, to provide water supply or other 
     environmental benefits;
       (7) impedes or adversely impacts any previously adopted Los 
     Angeles County Drainage Area project, as described in the 
     report of the Chief of Engineers dated June 30, 1992 
     (including any supplement or addendum to that report), or any 
     maintenance agreement to operate that project;
       (8) interferes or conflicts with any action by a 
     watermaster, water agency, public water system, court of 
     competent jurisdiction, or public agency pursuant to any 
     Federal or State law, water right, or adjudication, including 
     any action relating to--
       (A) water conservation;
       (B) water quality;
       (C) surface water diversion or impoundment;
       (D) groundwater recharge;
       (E) water treatment;
       (F) conservation or storage of water;
       (G) the pollution, waste discharge, or pumping of 
     groundwater; or
       (H) the spreading, injection, pumping, storage, or use, in 
     connection with the management or regulation of the San 
     Gabriel River, of water from--
       (i) a local source;
       (ii) a storm water flow;
       (iii) runoff; or
       (iv) imported or recycled water;
       (9) interferes with, obstructs, hinders, or delays the 
     exercise of, or access to, any water right by the owner of a 
     public water system or any other individual or entity, 
     including the construction, operation, maintenance, 
     replacement, removal, repair, location, or relocation of--
       (A) a well;
       (B) a pipeline;
       (C) a water pumping, treatment, diversion, impoundment, or 
     storage facility; or
       (D) any other facility or property necessary or useful--
       (i) to access any water right; or
       (ii) to operate any public water system;
       (10) requires the initiation or reinitiation of 
     consultation with the United States Fish and Wildlife Service 
     under, or the application of any provision of, the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any 
     action affecting any water, water right, or water management 
     or water resource facility in the San Gabriel River watershed 
     and basin; or
       (11) authorizes any agency or employee of the United 
     States, or any other person, to take any action inconsistent 
     with any of paragraphs (1) through (10).
       (b) Water Resource Facilities.--
       (1) No effect on existing water resource facilities.--
     Nothing in this subtitle or section 5322 affects--
       (A) the use, operation, maintenance, repair, construction, 
     destruction, removal, reconfiguration, expansion, 
     improvement, or replacement of a water resource facility or 
     public water system within or adjacent to the Recreation Area 
     or the San Gabriel Mountains National Monument; or
       (B) access to a water resource facility within or adjacent 
     to the Recreation Area or the San Gabriel Mountains National 
     Monument.
       (2) No effect on new water resource facilities.--Nothing in 
     this subtitle or section 5322 precludes the establishment of 
     a new water resource facility (including instream sites, 
     routes, and areas) within the Recreation Area or the San 
     Gabriel Mountains National Monument if the water resource 
     facility or public water system is necessary to preserve or 
     enhance the health, safety, reliability, quality, or 
     accessibility of water supply, or utility services to 
     residents of Los Angeles County.
       (3) Flood control.--Nothing in this subtitle or section 
     5322--
       (A) imposes any new restriction or requirement on flood 
     protection, water conservation, water supply, groundwater 
     recharge, water transfers, or water quality operations or 
     maintenance; or
       (B) increases the liability of an agency or public water 
     system carrying out flood protection, water conservation, 
     water supply, groundwater recharge, water transfers, or water 
     quality operations.
       (4) Diversion or use of water.--Nothing in this subtitle or 
     section 5322 authorizes or requires the use of water or water 
     rights in, or the diversion of water to, the Recreation Area 
     or San Gabriel Mountains National Monument.
       (c) Utility Facilities and Rights of Way.--Nothing in this 
     subtitle or section 5322--
       (1) affects the use, operation, maintenance, repair, 
     construction, destruction, reconfiguration, expansion, 
     inspection, renewal, reconstruction, alteration, addition, 
     relocation, improvement, removal, or replacement of a utility 
     facility or appurtenant right-of-way within or adjacent to 
     the Recreation Area or the San Gabriel Mountains National 
     Monument;
       (2) affects access to a utility facility or right-of-way 
     within or adjacent to the Recreation Area or the San Gabriel 
     Mountains National Monument; or
       (3) precludes the establishment of a new utility facility 
     or right-of-way (including instream sites, routes, and areas) 
     within the Recreation Area or the San Gabriel Mountains 
     National Monument if such a facility or right-of-way is 
     necessary for public health and safety, electricity supply, 
     or other utility services.
       (d) Roads; Public Transit.--
       (1) Definitions.--In this subsection:
       (A) Public road.--The term ``public road'' means any paved 
     road or bridge (including any appurtenant structure and 
     right-of-way) that is--
       (i) operated or maintained by a non-Federal entity; and
       (ii)(I) open to vehicular use by the public; or
       (II) used by a public agency or utility for the operation, 
     maintenance, improvement, repair, removal, relocation, 
     construction, destruction, or rehabilitation of 
     infrastructure, a utility facility, or a right-of-way.
       (B) Public transit.--The term ``public transit'' means any 
     transit service (including operations and rights-of-way) that 
     is--
       (i) operated or maintained by a non-Federal entity; and
       (ii)(I) open to the public; or
       (II) used by a public agency or contractor for the 
     operation, maintenance, repair, construction, or 
     rehabilitation of infrastructure, a utility facility, or a 
     right-of-way.
       (2) No effect on public roads or public transit.--Nothing 
     in this subtitle or section 5322--
       (A) authorizes the Secretary to take any action that would 
     affect the operation, maintenance, repair, or rehabilitation 
     of public roads or public transit (including activities 
     necessary to comply with Federal or State safety or public 
     transit standards); or
       (B) creates any new liability, or increases any existing 
     liability, of an owner or operator of a public road.

     SEC. 5317. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC 
                   ADVISORY COUNCIL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory council, to be known as the ``San Gabriel National 
     Recreation Area Public Advisory Council''.
       (b) Duties.--The Advisory Council shall advise the 
     Secretary regarding the development and implementation of--
       (1) the management plan; and
       (2) the visitor services plan under section 5319(a)(2).
       (c) Applicable Law.--The Advisory Council shall be subject 
     to--
       (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
       (2) all other applicable laws (including regulations).
       (d) Membership.--The Advisory Council shall consist of 22 
     members, to be appointed by the Secretary after taking into 
     consideration recommendations of the Partnership, of whom--
       (1) 2 shall represent local, regional, or national 
     environmental organizations;
       (2) 2 shall represent the interests of outdoor recreation, 
     including off-highway vehicle recreation, within the 
     Recreation Area;
       (3) 2 shall represent the interests of community-based 
     organizations, the missions of which include expanding access 
     to the outdoors;
       (4) 2 shall represent business interests;
       (5) 1 shall represent Indian Tribes within or adjacent to 
     the Recreation Area;
       (6) 1 shall represent the interests of homeowners' 
     associations within the Recreation Area;
       (7) 3 shall represent the interests of holders of 
     adjudicated water rights, public water systems, water 
     agencies, wastewater and sewer agencies, recycled water 
     facilities, and water management and replenishment entities;
       (8) 1 shall represent energy and mineral development 
     interests;
       (9) 1 shall represent owners of Federal grazing permits or 
     other land use permits within the Recreation Area;
       (10) 1 shall represent archaeological and historical 
     interests;
       (11) 1 shall represent the interests of environmental 
     educators;
       (12) 1 shall represent cultural history interests;
       (13) 1 shall represent environmental justice interests;
       (14) 1 shall represent electrical utility interests; and
       (15) 2 shall represent the affected public at large.
       (e) Terms.--
       (1) Staggered terms.--A member of the Advisory Council 
     shall be appointed for a term of 3 years, except that, of the 
     members first appointed--
       (A) 7 shall be appointed for a term of 1 year; and
       (B) 7 shall be appointed for a term of 2 years.
       (2) Reappointment.--A member may be reappointed to serve on 
     the Advisory Council on the expiration of the term of service 
     of the member.
       (3) Vacancy.--A vacancy on the Advisory Council shall be 
     filled in the same manner in which the original appointment 
     was made.
       (f) Quorum.--
       (1) In general.--10 members of the Advisory Council shall 
     constitute a quorum.
       (2) No effect on operations.--The operations of the 
     Advisory Council shall not be impaired by the fact that a 
     member has not yet been appointed if a quorum has been 
     attained under paragraph (1).
       (g) Chairperson; Procedures.--The Advisory Council shall--

[[Page S7680]]

       (1) select a chairperson from among the members of the 
     Advisory Council; and
       (2) establish such rules and procedures as the Advisory 
     Council considers to be necessary or desirable.
       (h) Service Without Pay.--A member of the Advisory Council 
     shall serve without pay.
       (i) Termination.--The Advisory Council shall terminate on--
       (1) the date that is 5 years after the date on which the 
     management plan is adopted by the Secretary; or
       (2) such later date as the Secretary considers to be 
     appropriate.

     SEC. 5318. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.

       (a) Establishment.--There is established a partnership, to 
     be known as the ``San Gabriel National Recreation Area 
     Partnership''.
       (b) Purposes.--The purposes of the Partnership are--
       (1) to coordinate the activities of Federal, State, Tribal, 
     and local authorities and the private sector in advancing the 
     purposes of this subtitle; and
       (2) to use the resources and expertise of each agency in 
     improving management and recreational opportunities within 
     the Recreation Area.
       (c) Membership.--The Partnership shall include the 
     following:
       (1) The Secretary (or a designee) to represent the National 
     Park Service.
       (2) The Secretary of Defense (or a designee) to represent 
     the Corps of Engineers.
       (3) The Secretary of Agriculture (or a designee) to 
     represent the Forest Service.
       (4) The Secretary of the Natural Resources Agency of the 
     State (or a designee) to represent--
       (A) the California Department of Parks and Recreation; and
       (B) the Rivers and Mountains Conservancy.
       (5) 1 designee of the Los Angeles County Board of 
     Supervisors.
       (6) 1 designee of the Puente Hills Habitat Preservation 
     Authority.
       (7) 4 designees of the San Gabriel Council of Governments, 
     of whom 1 shall be selected from a local land conservancy.
       (8) 1 designee of the San Gabriel Valley Economic 
     Partnership.
       (9) 1 designee of the Los Angeles County Flood Control 
     District.
       (10) 1 designee of the San Gabriel Valley Water 
     Association.
       (11) 1 designee of the Central Basin Water Association.
       (12) 1 designee of the Main San Gabriel Basin Watermaster.
       (13) 1 designee of a public utility company, to be 
     appointed by the Secretary.
       (14) 1 designee of the Watershed Conservation Authority.
       (15) 1 designee of the Advisory Council for the period 
     during which the Advisory Council remains in effect.
       (16) 1 designee of San Gabriel Mountains National Monument 
     Community Collaborative.
       (d) Duties.--To advance the purposes described in section 
     5311, the Partnership shall--
       (1) make recommendations to the Secretary regarding the 
     development and implementation of the management plan;
       (2) review and comment on the visitor services plan under 
     section 5319(a)(2), and facilitate the implementation of that 
     plan;
       (3) assist units of local government, regional planning 
     organizations, and nonprofit organizations in advancing the 
     purposes of the Recreation Area by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Recreation Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Recreation Area;
       (C) developing recreational and educational opportunities 
     in the Recreation Area in accordance with the purposes of 
     this subtitle;
       (D) increasing public awareness of, and appreciation for, 
     natural, historic, scenic, and cultural resources of the 
     Recreation Area;
       (E) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Recreation 
     Area;
       (F) promoting a wide range of partnerships among 
     governments, organizations, and individuals to advance the 
     purposes of the Recreation Area; and
       (G) ensuring that management of the Recreation Area takes 
     into consideration--
       (i) local ordinances and land-use plans; and
       (ii) adjacent residents and property owners;
       (4) make recommendations to the Secretary regarding the 
     appointment of members to the Advisory Council; and
       (5) carry out any other actions necessary to achieve the 
     purposes of this subtitle.
       (e) Authorities.--Subject to approval by the Secretary, for 
     the purposes of preparing and implementing the management 
     plan, the Partnership may use Federal funds made available 
     under this section--
       (1) to make grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (2) to enter into cooperative agreements with, or provide 
     grants or technical assistance to, the State, political 
     subdivisions of the State, nonprofit organizations, Federal 
     agencies, and other interested parties;
       (3) to hire and compensate staff;
       (4) to obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program;
       (5) to contract for goods or services; and
       (6) to support activities of partners and any other 
     activities that--
       (A) advance the purposes of the Recreation Area; and
       (B) are in accordance with the management plan.
       (f) Terms of Office; Reappointment; Vacancies.--
       (1) Terms.--A member of the Partnership shall be appointed 
     for a term of 3 years.
       (2) Reappointment.--A member may be reappointed to serve on 
     the Partnership on the expiration of the term of service of 
     the member.
       (3) Vacancy.--A vacancy on the Partnership shall be filled 
     in the same manner in which the original appointment was 
     made.
       (g) Quorum.--
       (1) In general.--11 members of the Partnership shall 
     constitute a quorum.
       (2) No effect on operations.--The operations of the 
     Partnership shall not be impaired by the fact that a member 
     has not yet been appointed if a quorum has been attained 
     under paragraph (1).
       (h) Chairperson; Procedures.--The Partnership shall--
       (1) select a chairperson from among the members of the 
     Partnership; and
       (2) establish such rules and procedures as the Partnership 
     considers to be necessary or desirable.
       (i) Service Without Compensation.--A member of the 
     Partnership shall serve without compensation.
       (j) Duties and Authorities of Secretary.--
       (1) In general.--The Secretary shall convene the 
     Partnership on a regular basis to carry out this subtitle.
       (2) Technical and financial assistance.--The Secretary may 
     provide to the Partnership or any member of the Partnership, 
     on a reimbursable or nonreimbursable basis, such technical 
     and financial assistance as the Secretary determines to be 
     appropriate to carry out this subtitle.
       (3) Cooperative agreements.--The Secretary may enter into a 
     cooperative agreement with the Partnership, a member of the 
     Partnership, or any other public or private entity to provide 
     technical, financial, or other assistance to carry out this 
     subtitle.
       (4) Construction of facilities on non-federal land.--
       (A) In general.--To facilitate the administration of the 
     Recreation Area, the Secretary may, subject to valid existing 
     rights, construct administrative or visitor use facilities on 
     land owned by a nonprofit organization, local agency, or 
     other public entity in accordance with this subtitle and 
     applicable law (including regulations).
       (B) Additional requirements.--A facility under this 
     paragraph may only be developed--
       (i) with the consent of the owner of the non-Federal land; 
     and
       (ii) in accordance with applicable Federal, State, and 
     local laws (including regulations) and plans.
       (5) Priority.--The Secretary shall give priority to actions 
     that--
       (A) conserve the significant natural, historic, cultural, 
     and scenic resources of the Recreation Area; and
       (B) provide educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Recreation 
     Area.
       (k) Committees.--The Partnership shall establish--
       (1) a Water Technical Advisory Committee to advise the 
     Secretary regarding water-related issues relating to the 
     Recreation Area; and
       (2) a Public Safety Advisory Committee to advise the 
     Secretary regarding public safety issues relating to the 
     Recreation Area.

     SEC. 5319. VISITOR SERVICES AND FACILITIES.

       (a) Visitor Services.--
       (1) Purpose.--The purpose of this subsection is to 
     facilitate the development of an integrated visitor services 
     plan to improve visitor experiences in the Recreation Area 
     through--
       (A) expanded recreational opportunities; and
       (B) increased interpretation, education, resource 
     protection, and enforcement.
       (2) Visitor services plan.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop and carry 
     out an integrated visitor services plan for the Recreation 
     Area in accordance with this paragraph.
       (B) Contents.--The visitor services plan shall--
       (i) assess current and anticipated future visitation to the 
     Recreation Area, including recreation destinations;
       (ii) consider the demand for various types of recreation 
     (including hiking, picnicking, horseback riding, and the use 
     of motorized and mechanized vehicles), as permissible and 
     appropriate;
       (iii) evaluate--

       (I) the impacts of recreation on natural and cultural 
     resources, water rights and water resource facilities, public 
     roads, adjacent residents and property owners, and utilities 
     within the Recreation Area; and
       (II) the effectiveness of current enforcement efforts;

       (iv) assess the current level of interpretive and 
     educational services and facilities;
       (v) include recommendations--

[[Page S7681]]

       (I) to expand opportunities for high-demand recreational 
     activities, in accordance with the purposes described in 
     section 5311;
       (II) to better manage Recreation Area resources and improve 
     the experience of Recreation Area visitors through--

       (aa) expanded interpretive and educational services and 
     facilities; and
       (bb) improved enforcement; and

       (III) to better manage Recreation Area resources to reduce 
     negative impacts on the environment, ecology, and integrated 
     water management activities in the Recreation Area;

       (vi) in coordination and consultation with affected owners 
     of non-Federal land, assess options to incorporate 
     recreational opportunities on non-Federal land into the 
     Recreation Area--

       (I) in a manner consistent with the purposes and uses of 
     the non-Federal land; and
       (II) with the consent of the non-Federal landowner;

       (vii) assess opportunities to provide recreational 
     opportunities that connect with adjacent National Forest 
     System land; and
       (viii) be developed and carried out in accordance with 
     applicable Federal, State, and local laws and ordinances.
       (C) Consultation.--In developing the visitor services plan, 
     the Secretary shall--
       (i) consult with--

       (I) the Partnership;
       (II) the Advisory Council;
       (III) appropriate State and local agencies; and
       (IV) interested nongovernmental organizations; and

       (ii) involve members of the public.
       (b) Visitor Use Facilities.--
       (1) In general.--The Secretary may construct visitor use 
     facilities in the Recreation Area.
       (2) Requirements.--Each facility under paragraph (1) shall 
     be developed in accordance with applicable Federal, State, 
     and local--
       (A) laws (including regulations); and
       (B) plans.
       (c) Donations.--
       (1) In general.--The Secretary may accept and use donated 
     funds, property, in-kind contributions, and services to carry 
     out this subtitle.
       (2) Prohibition.--Nothing in paragraph (1) permits the 
     Secretary to accept non-Federal land that has been acquired 
     after the date of enactment of this Act through the use of 
     eminent domain.
       (d) Cooperative Agreements.--In carrying out this subtitle, 
     the Secretary may make grants to, or enter into cooperative 
     agreements with, units of State, Tribal, and local 
     governments and private entities to conduct research, develop 
     scientific analyses, and carry out any other initiative 
     relating to the management of, and visitation to, the 
     Recreation Area.

                   Subtitle B--San Gabriel Mountains

     SEC. 5321. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) Wilderness area or addition.--The term ``wilderness 
     area or addition'' means any wilderness area or wilderness 
     addition designated by section 5323(a).

     SEC. 5322. NATIONAL MONUMENT BOUNDARY MODIFICATION.

       (a) In General.--The San Gabriel Mountains National 
     Monument established by Presidential Proclamation 9194 (54 
     U.S.C. 320301 note) (referred to in this section as the 
     ``Monument'') is modified to include the approximately 
     109,167 acres of additional National Forest System land 
     depicted as the ``Proposed San Gabriel Mountains National 
     Monument Expansion'' on the map entitled ``Proposed San 
     Gabriel Mountains National Monument Expansion'' and dated 
     June 26, 2019.
       (b) Administration.--The Secretary shall administer the 
     Monument (including the land added to the Monument by 
     subsection (a)), in accordance with--
       (1) Presidential Proclamation 9194 (54 U.S.C. 320301 note);
       (2) the laws generally applicable to the Monument; and
       (3) this subtitle.
       (c) Management Plan.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary shall consult with 
     the State, local governments, and interested members of the 
     public to update the San Gabriel Mountains National Monument 
     Plan to provide management direction and protection for the 
     land added to the Monument by subsection (a).

     SEC. 5323. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following parcels of National 
     Forest System land in the State are designated as wilderness 
     and as components of the National Wilderness Preservation 
     System:
       (1) Condor peak wilderness.--Certain Federal land in the 
     Angeles National Forest, comprising approximately 8,207 
     acres, as generally depicted on the map entitled ``Condor 
     Peak Wilderness--Proposed'' and dated June 6, 2019, which 
     shall be known as the ``Condor Peak Wilderness''.
       (2) San gabriel wilderness additions.--Certain Federal land 
     in the Angeles National Forest, comprising approximately 
     2,032 acres, as generally depicted on the map entitled ``San 
     Gabriel Wilderness Additions'' and dated June 6, 2019, which 
     is incorporated in, and considered to be a part of, the San 
     Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. 
     1132 note; 82 Stat. 131).
       (3) Sheep mountain wilderness additions.--Certain Federal 
     land in the Angeles National Forest, comprising approximately 
     13,726 acres, as generally depicted on the map entitled 
     ``Sheep Mountain Wilderness Additions'' and dated June 6, 
     2019, which is incorporated in, and considered to be a part 
     of, the Sheep Mountain Wilderness designated by section 
     101(a)(29) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
       (4) Yerba buena wilderness.--Certain Federal land in the 
     Angeles National Forest, comprising approximately 6,694 
     acres, as generally depicted on the map entitled ``Yerba 
     Buena Wilderness--Proposed'' and dated June 6, 2019, which 
     shall be known as the ``Yerba Buena Wilderness''.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the wilderness areas and additions 
     with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any clerical or typographical error in the map or 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.

     SEC. 5324. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.

       (a) In General.--Subject to valid existing rights, the 
     wilderness areas and additions shall be administered by the 
     Secretary in accordance with this section and the Wilderness 
     Act (16 U.S.C. 1131 et seq.), except that any reference in 
     that Act to the effective date of that Act shall be 
     considered to be a reference to the date of enactment of this 
     Act.
       (b) Fire Management and Related Activities.--
       (1) In general.--The Secretary may carry out such 
     activities in a wilderness area or addition as are necessary 
     for the control of fire, insects, or diseases in accordance 
     with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) House Report 98-40 of the 98th Congress.
       (2) Funding priorities.--Nothing in this subtitle limits 
     funding for fire or fuels management in a wilderness area or 
     addition.
       (3) Revision and development of local fire management 
     plans.--As soon as practicable after the date of enactment of 
     this Act, the Secretary shall amend, as applicable, any local 
     fire management plan that applies to a wilderness area or 
     addition.
       (4) Administration.--In accordance with paragraph (1) and 
     any other applicable Federal law, to ensure a timely and 
     efficient response to a fire emergency in a wilderness area 
     or addition, the Secretary shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, establish agency approval procedures (including 
     appropriate delegations of authority to the Forest 
     Supervisor, District Manager, or other agency officials) for 
     responding to fire emergencies; and
       (B) enter into agreements with appropriate State or local 
     firefighting agencies.
       (c) Grazing.--The grazing of livestock in a wilderness area 
     or addition, if established before the date of enactment of 
     this Act, shall be administered in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines contained in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (d) Fish and Wildlife.--
       (1) In general.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     subtitle affects the jurisdiction or responsibility of the 
     State with respect to fish or wildlife on public land in the 
     State.
       (2) Management activities.--
       (A) In general.--In support of the purposes and principles 
     of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary 
     may conduct any management activity that the Secretary 
     determines to be necessary to maintain or restore a fish or 
     wildlife population or habitat in a wilderness area or 
     addition, if the activity is conducted in accordance with--
       (i) applicable wilderness management plans; and
       (ii) appropriate policies, such as the policies established 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (B) Inclusions.--A management activity under subparagraph 
     (A) may include the occasional and temporary use of motorized 
     vehicles, if the use, as determined by the Secretary, would 
     promote healthy, viable, and more naturally distributed 
     wildlife populations that would enhance wilderness values 
     while causing the minimum impact necessary to accomplish 
     those tasks.

[[Page S7682]]

       (C) Existing activities.--In accordance with section 
     4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
     other appropriate policies (such as the policies established 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405)), the 
     State may use aircraft (including helicopters) in a 
     wilderness area or addition to survey, capture, transplant, 
     monitor, or provide water for a wildlife population, 
     including bighorn sheep.
       (e) Buffer Zones.--
       (1) In general.--Nothing in this subtitle establishes any 
     protective perimeter or buffer zone around a wilderness area 
     or addition.
       (2) Activities or uses up to boundaries.--The fact that a 
     nonwilderness activity or use can be seen or heard from 
     within a wilderness area or addition shall not preclude the 
     activity or use up to the boundary of the wilderness area or 
     addition.
       (f) Military Activities.--Nothing in this title precludes--
       (1) low-level overflights of military aircraft over a 
     wilderness area or addition;
       (2) the designation of a new unit of special airspace over 
     a wilderness area or addition; or
       (3) the use or establishment of a military flight training 
     route over a wilderness area or addition.
       (g) Horses.--Nothing in this subtitle precludes horseback 
     riding in, or the entry of recreational or commercial saddle 
     or pack stock into, a wilderness area or addition--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to such terms and conditions as the Secretary 
     determines to be necessary.
       (h) Law Enforcement.--Nothing in this subtitle precludes 
     any law enforcement or drug interdiction effort within a 
     wilderness area or addition, in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (i) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas and additions are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral materials and geothermal 
     leasing laws.
       (j) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area or addition that is 
     acquired by the United States shall--
       (1) become part of the wilderness area or addition in which 
     the land is located; and
       (2) be managed in accordance with this section, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law (including regulations).
       (k) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such 
     terms and conditions as the Secretary may prescribe, the 
     Secretary may authorize the installation and maintenance of 
     hydrologic, meteorologic, or climatological collection 
     devices in a wilderness area or addition if the Secretary 
     determines that the device and access to the device is 
     essential to a flood warning, flood control, or water 
     reservoir operation activity.
       (l) Authorized Event.--The Secretary may authorize the 
     Angeles Crest 100 competitive running event to continue in 
     substantially the same manner in which the event was operated 
     and permitted in 2015 within the land added to the Sheep 
     Mountain Wilderness by section 5323(a)(3) and the Pleasant 
     View Ridge Wilderness Area designated by section 1802(8) of 
     the Omnibus Public Land Management Act of 2009 (16 U.S.C. 
     1132 note; Public Law 111-11; 123 Stat. 1054), if the event 
     is authorized and conducted in a manner compatible with the 
     preservation of the areas as wilderness.

     SEC. 5325. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) (as amended by section 
     5205(a)) is amended by adding at the end the following:
       ``(272) East fork san gabriel river, california.--The 
     following segments of the East Fork San Gabriel River, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The 10-mile segment from the confluence of the 
     Prairie Fork and Vincent Gulch to 100 yards upstream of the 
     Heaton Flats trailhead and day use area, as a wild river.
       ``(B) The 2.7-mile segment from 100 yards upstream of the 
     Heaton Flats trailhead and day use area to 100 yards upstream 
     of the confluence with Williams Canyon, as a recreational 
     river.
       ``(273) North fork san gabriel river, california.--The 4.3-
     mile segment of the North Fork San Gabriel River from the 
     confluence with Cloudburst Canyon to 0.25 miles upstream of 
     the confluence with the West Fork San Gabriel River, to be 
     administered by the Secretary of Agriculture as a 
     recreational river.
       ``(274) West fork san gabriel river, california.--The 
     following segments of the West Fork San Gabriel River, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The 6.7-mile segment from 0.25 miles downstream of 
     its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to 
     the confluence with the unnamed tributary 0.25 miles 
     downstream of the power lines in sec. 22, T. 2 N., R. 11 W., 
     as a recreational river.
       ``(B) The 1.6-mile segment of the West Fork from 0.25 miles 
     downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., 
     to the confluence with Bobcat Canyon, as a wild river.
       ``(275) Little rock creek, california.--The following 
     segments of Little Rock Creek and tributaries, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The 10.3-mile segment from its source on Mt. 
     Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream 
     of the confluence with the South Fork Little Rock Creek, as a 
     wild river.
       ``(B) The 6.6-mile segment from 100 yards upstream of the 
     confluence with the South Fork Little Rock Creek to the 
     confluence with Santiago Canyon, as a recreational river.
       ``(C) The 1-mile segment of Cooper Canyon Creek from 0.25 
     miles downstream of Highway 2 to 100 yards downstream of 
     Cooper Canyon Campground, as a scenic river.
       ``(D) The 1.3-mile segment of Cooper Canyon Creek from 100 
     yards downstream of Cooper Canyon Campground to the 
     confluence with Little Rock Creek, as a wild river.
       ``(E) The 1-mile segment of Buckhorn Creek from 100 yards 
     downstream of the Buckhorn Campground to its confluence with 
     Cooper Canyon Creek, as a wild river.''.
       (b) Water Resource Facilities; Water Use.--
       (1) Water resource facilities.--
       (A) Definitions.--In this paragraph:
       (i) Water resource facility.--The term ``water resource 
     facility'' means--

       (I) an irrigation or pumping facility;
       (II) a dam or reservoir;
       (III) a flood control facility;
       (IV) a water conservation works (including a debris 
     protection facility);
       (V) a sediment placement site;
       (VI) a rain gauge or stream gauge;
       (VII) a water quality facility;
       (VIII) a recycled water facility or water pumping, 
     conveyance, or distribution system;
       (IX) a water storage tank or reservoir;
       (X) a water treatment facility;
       (XI) an aqueduct, canal, ditch, pipeline, well, hydropower 
     project, or transmission or other ancillary facility;
       (XII) a groundwater recharge facility;
       (XIII) a water filtration plant; and
       (XIV) any other water diversion, conservation, storage, or 
     carriage structure.

       (ii) Wild and scenic river segment.--The term ``wild and 
     scenic river segment'' means a component of the national wild 
     and scenic rivers system designated by paragraph (272), 
     (273), (274), or (275) of section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)).
       (B) No effect on existing water resource facilities.--
     Nothing in this section alters, modifies, or affects--
       (i) the use, operation, maintenance, repair, construction, 
     destruction, reconfiguration, expansion, relocation, or 
     replacement of a water resource facility downstream of a wild 
     and scenic river segment, subject to the condition that the 
     physical structures of such a facility or reservoir shall not 
     be located within the wild and scenic river segment; or
       (ii) access to a water resource facility downstream of a 
     wild and scenic river segment.
       (C) No effect on new water resource facilities.--Nothing in 
     this section precludes the establishment of a new water 
     resource facility (including instream sites, routes, and 
     areas) downstream of a wild and scenic river segment.
       (2) Limitation.--Any new reservation of water or new use of 
     water pursuant to existing water rights held by the United 
     States to advance the purposes of the National Wild and 
     Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for 
     nonconsumptive instream use only within the wild and scenic 
     river segments (as defined in paragraph (1)(A)).
       (3) Existing law.--Nothing in this section affects the 
     implementation of the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.).

     SEC. 5326. WATER RIGHTS.

       (a) Statutory Construction.--Nothing in this title, and no 
     action carried out pursuant to this title--
       (1) constitutes an express or implied reservation of any 
     water or water right, or authorizes an expansion of water use 
     pursuant to existing water rights held by the United States, 
     with respect to--
       (A) the San Gabriel Mountains National Monument;
       (B) the wilderness areas and additions; and
       (C) the components of the national wild and scenic rivers 
     system designated by paragraphs (272), (273), (274), and 
     (275) of section 3(a) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) (as added by section 325(a)) and land 
     adjacent to the components;
       (2) affects, alters, modifies, or conditions any water 
     right in the State in existence on the date of enactment of 
     this Act, including any water rights held by the United 
     States;
       (3) establishes a precedent with respect to any designation 
     of wilderness or wild and scenic rivers after the date of 
     enactment of this Act;
       (4) affects, alters, or modifies the interpretation of, or 
     any designation, decision, adjudication, or action carried 
     out pursuant to, any other Act; or
       (5) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among or between the State and any other State.
       (b) State Water Law.--The Secretary shall comply with 
     applicable procedural and

[[Page S7683]]

     substantive requirements under State law to obtain and hold 
     any water rights not in existence on the date of enactment of 
     this Act with respect to--
       (1) the San Gabriel Mountains National Monument;
       (2) the wilderness areas and additions; and
       (3) the components of the national wild and scenic rivers 
     system designated by paragraphs (272), (273), (274), and 
     (275) of section 3(a) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) (as added by section 5325(a)).
                                 ______
                                 
  SA 4216. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1283. GLOBAL CLIMATE ASSISTANCE FUNDS.

       (a) In General.--The amount authorized to be appropriated 
     for fiscal year 2022 by this Act is the aggregate amount 
     authorized to be appropriated for fiscal year 2022 by this 
     Act minus one percent.
       (b) Allocation.--The allocation of the reduction under 
     subsection (a) shall be derived from the additional 
     $25,026,879,000 provided by the House of Representatives to 
     the discretionary authorizations within the jurisdiction of 
     the Committee on Armed Services of the House of 
     Representatives, as set forth on page 350 of the report of 
     the Committee on Armed Services of the House of 
     Representatives accompanying H.R. 4350 of the 117th Congress 
     (H. Rept. 117-118).
       (c) Use of Funds.--Amounts from the reduction under 
     subsection (a) shall be used by the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the Secretary of the 
     Treasury, as appropriate, to increase the authorization of 
     appropriations for funds to global climate assistance 
     accounts, programs, organizations, and international 
     financial institutions described in subsection (d) for the 
     following purposes:
       (1) To reduce the risks to United States national security 
     due to climate change, as set forth in the national 
     intelligence estimate of the National Intelligence Council 
     entitled ``Climate Change and International Responses 
     Increasing Challenges to US National Security Through 2040'' 
     (NIC-NIE-2021-10030-A).
       (2) To provide public climate financing to developing 
     countries, with the objective of limiting the increase in 
     global temperature at or below 1.5 degrees Celsius above pre-
     industrial levels.
       (d) Global Climate Assistance Accounts, Programs, 
     Organizations, and International Financial Institutions 
     Described.--The global climate assistance accounts, programs, 
     organizations, and international financial institutions 
     described in this subsection are the following:
       (1) The Green Climate Fund.
       (2) Global Environment Facility.
       (3) Adaptation Programs.
       (4) Sustainable Landscapes.
       (5) Clean Energy Programs.
       (6) Biodiversity Programs.
       (7) The Clean Technology Fund.
       (8) Migration and Refugee Assistance.
       (9) International Disaster Assistance.
       (10) Montreal Protocol Multilateral Fund (MLF).
       (11) The United Nations Framework Convention on Climate 
     Change.
       (12) The Adaptation Fund.
                                 ______
                                 
  SA 4217. Mr. CORNYN (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. STUDY ON SUPPLY CHAINS CRITICAL TO NATIONAL 
                   SECURITY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence and the 
     Director of the Central Intelligence Agency shall jointly--
       (1) complete a study--
       (A) to identify--
       (i) supply chains that are critical to the national 
     security, economic security, or public health or safety of 
     the United States; and
       (ii) important vulnerabilities in such supply chains; and
       (B) to develop recommendations for legislative or 
     administrative action to secure the supply chains identified 
     under subparagraph (A)(i); and
       (2) submit to the congressional intelligence committees (as 
     that term is defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)), the Committee on Armed 
     Services of the Senate, and the Committee on Armed Services 
     of the House of Representatives the findings of the directors 
     with respect to the study conducted under paragraph (1).
                                 ______
                                 
  SA 4218. Mr. CORNYN (for himself 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 of subtitle C of title XII, add the following:

     SEC. 838. MAINTENANCE OF CRITICAL SUPPLY LINES.

       (a) Addition of Certain Items to List of High-priority 
     Goods and Services for Analyses, Recommendations, and Actions 
     Related to Sourcing and Industrial Capacity.--Section 849(c) 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283) 
     is amended by adding at the end the following new paragraph:
       ``(14) Unmanned aerial systems.''.
       (b) Designation of Critical Technology Areas.--Section 
     217(b)(2) of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283) 
     is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (B), by striking the semicolon and 
     inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) a strategy to support domestic manufacturing and 
     industrial base capabilities to support future defense 
     requirements;''.
       (c) Comptroller General Report on Assistant Secretary of 
     Defense for Industrial Base Policy.--
       (1) Briefing and report.--Not later than 270 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall brief the Committees on Armed 
     Services of the Senate and the House of Representatives on 
     the Comptroller General's preliminary findings related to the 
     topics set forth in paragraph (2). The Comptroller General 
     shall submit to such committees a report with a final 
     description and assessment of such topics at an agreed upon 
     date.
       (2) Topics covered.--The topics referred to under paragraph 
     (1) are as follows:
       (A) The strategy, effectiveness, and responsibilities of 
     the Assistant Secretary of Defense for Industrial Base 
     Policy.
       (B) The efforts of the Under Secretary of Defense for 
     Research and Engineering and the Under Secretary of Defense 
     for Acquisition and Sustainment to assess the manufacturing 
     and procurement of critical materials, including describing 
     the offices and individuals that are responsible for 
     identifying critical materials supply chain shortfalls, how 
     such shortfalls are identified, and any variation in methods 
     used across the Department of Defense.
       (C) The efforts of the Under Secretary of Defense for 
     Research and Engineering and the Under Secretary of Defense 
     for Acquisition and Sustainment to implement procedures to 
     protect supply chains for critical programs and technologies 
     and disseminate that information to other appropriate Federal 
     agencies and organizations.
       (D) Such other matters as the Comptroller General 
     determines appropriate.
                                 ______
                                 
  SA 4219. 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:

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

     SEC. 857. CONTRACTING-RELATED FRAUD RISK ASSESSMENT.

       The Secretary of Defense shall--
       (1) conduct an assessment of all of the risks of fraud 
     relating to Department of Defense contracting, including any 
     such risks not previously reported as a material weakness; 
     and
       (2) submit to Congress a report on--
       (A) the areas with the most significant weaknesses across 
     the Department; and
       (B) plans for the remediation of those weaknesses.
                                 ______
                                 
  SA 4220. 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

[[Page S7684]]

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. AUTHORIZATION FOR HONORARY PROMOTION OF MASTER 
                   SERGEANT HAROLD B. PHARIS, UNITED STATES ARMY 
                   (RETIRED), TO SERGEANT MAJOR.

       (a) Honorary Promotion.--The honorary promotion of Master 
     Sergeant Harold B. Pharis, United States Army (retired), to 
     the grade of Sergeant Major is hereby authorized.
       (b) Additional Benefits Not to Accrue.--The honorary 
     promotion of Harold B. Pharis pursuant to subsection (a) 
     shall not affect the retired pay or other benefits from the 
     United States to which Harold B. Pharis is entitled based 
     upon his military service or affect any benefits to which any 
     other person may become entitled based on his military 
     service.
                                 ______
                                 
  SA 4221. 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:

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

     SEC. 1064. SENSE OF CONGRESS REGARDING CRISIS AT THE 
                   SOUTHWEST LAND BORDER.

       (a) Findings.--Congress makes the following findings:
       (1) There were 1,300,000 illegal crossings between January, 
     2021, and July, 2021, across the Southwest land border of the 
     United States.
       (2) The 212,672 migrant encounters at the Southwest land 
     border in July 2021 was a 21-year high.
       (3) Noncitizens with criminal convictions are routinely 
     encountered at ports of entry and between ports of entry on 
     the Southwest land border.
       (4) Some of the inadmissible individuals encountered at the 
     Southwest land border are known or suspected terrorists.
       (5) Transnational criminal organizations routinely move 
     illicit drugs, counterfeit products, and trafficked humans 
     across the Southwest land border.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the current level of illegal crossings and trafficking 
     on the Southwest border represents a national security 
     threat;
       (2) the Department of Defense has rightly contributed 
     personnel to aid the efforts of the United States Government 
     to address the crisis at the Southwest border;
       (3) the National Guard and active duty members of the Armed 
     Forces are to be commended for their hard work and dedication 
     in their response to the crisis at the Southwest land border; 
     and
       (4) border security is a matter of national security and 
     the failure to address the crisis at the Southwest land 
     border introduces significant risk to the people of the 
     United States.
                                 ______
                                 
  SA 4222. 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:

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

     SEC. ___. SHARING OF INFORMATION REGARDING SAFETY 
                   INVESTIGATIONS OF THE DEPARTMENT OF DEFENSE.

       (a) Submittal of Information to Congress.--
       (1) In general.--The Secretary of Defense shall--
       (A) upon request of a member of Congress for information 
     regarding a safety investigation conducted by the Department 
     of Defense, not later than 30 days after the date on which 
     the Secretary receives the request, submit to the member of 
     Congress the information requested; and
       (B) not later than 30 days after the date of the completion 
     of an investigation with respect to which the Secretary 
     submitted information under subparagraph (A) to a member of 
     Congress, submit to the member updated information with 
     respect to the investigation.
       (2) Redaction.--The Secretary of Defense may not redact any 
     information submitted under paragraph (1).
       (3) Form.--Information submitted under paragraph (1) may be 
     submitted in classified form as the Secretary determines 
     necessary to protect national security and the investigatory 
     process.
       (b) Sharing of Information Among Military Departments.--For 
     each safety investigation conducted by the Department of 
     Defense that involves equipment used by more than one 
     military department, the Secretary of Defense shall, not 
     later than 30 days after the date of the completion of the 
     safety investigation, ensure that information regarding the 
     investigation is transmitted to the Secretary of each 
     military department that uses such equipment.
                                 ______
                                 
  SA 4223. Mr. BRAUN (for himself, Mrs. Blackburn, Mr. Scott of 
Florida, and Ms. Ernst) submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10__. SENSE OF SENATE REGARDING RECOGNIZING NATIONAL 
                   DEBT AS A THREAT TO NATIONAL SECURITY.

       (a) Findings.--Congress finds that--
       (1) in September 2020, the total public debt outstanding of 
     the United States was more than $26,000,000,000,000, 
     resulting in a total interest expense of more than 
     $371,000,000,000 for fiscal year 2020;
       (2) in September 2019, the total public debt as a 
     percentage of gross domestic product was about 100 percent;
       (3) leaders of the Congressional Budget Office and the 
     Government Accountability Office have testified that--
       (A) the growth of the public debt is unsustainable; and
       (B) Congress must undertake extensive fiscal consolidation 
     to combat that growth;
       (4) the last Federal budget surplus occurred in 2001;
       (5) in fiscal year 2020, Federal tax receipts totaled 
     $3,420,000,000,000, but Federal outlays totaled 
     $6,652,000,000,000, leaving the Federal Government with a 1-
     year deficit of $3,132,000,000,000;
       (6) since the last Federal budget surplus occurred in 2001, 
     Congress--
       (A) has failed to maintain a fiscally responsible budget; 
     and
       (B) has had to raise the debt ceiling repeatedly;
       (7) the Medicare Board of Trustees projects that the 
     Medicare Hospital Insurance Trust Fund will be depleted in 
     2026;
       (8) the Social Security and Medicare Boards of Trustees 
     project that the Disability Insurance and the Federal Old-Age 
     and Survivors Insurance Trust Funds will be depleted in 2026 
     and 2031, respectively;
       (9) heavy indebtedness increases the exposure of the 
     Federal Government to interest rate risks;
       (10) the credit rating of the United States was reduced by 
     Standard and Poor's from AAA to AA+ on August 5, 2011, and 
     has remained at that level ever since;
       (11) without a targeted effort to balance the Federal 
     budget, the credit rating of the United States will continue 
     to fall;
       (12) improvements in the business climate in populous 
     countries, and aging populations around the world, will 
     likely contribute to higher global interest rates;
       (13) more than $7,000,000,000,000 of Federal debt is owned 
     by individuals not located in the United States, including 
     more than $1,000,000,000,000 of which is owned by individuals 
     in China;
       (14) China and the European Union are developing 
     alternative payment systems to weaken the dominant position 
     of the United States dollar as a reserve currency;
       (15) rapidly increasing interest rates will squeeze all 
     policy priorities of the United States, including defense 
     policy and foreign policy priorities;
       (16) the National Security Strategy of the United States, 
     as of the date of enactment of this Act, highlights the need 
     to reduce the national debt through fiscal responsibility;
       (17) on April 12, 2018, former Secretary of Defense James 
     Mattis warned that ``any Nation that can't keep its fiscal 
     house in order eventually cannot maintain its military 
     power'';
       (18) on March 6, 2018, former Director of National 
     Intelligence Dan Coats warned: ``Our continued plunge into 
     debt is unsustainable and represents a dire future threat to 
     our economy and to our national security'';
       (19) on November 15, 2017, former Secretaries of Defense 
     Leon Panetta, Ash Carter, and Chuck Hagel warned: ``Increase 
     in the debt will, in the absence of a comprehensive budget 
     that addresses both entitlements and revenues, force even 
     deeper reductions in our national security capabilities''; 
     and
       (20) on September 22, 2011, former Chairman of the Joint 
     Chiefs of Staff Michael Mullen warned: ``I believe the 
     single, biggest threat to our national security is debt''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the national debt is a threat to the national security 
     of the United States;
       (2) persistent, structural deficits are unsustainable, 
     irresponsible, and dangerous; and

[[Page S7685]]

       (3) the looming fiscal crisis faced by the United States 
     must be addressed.
                                 ______
                                 
  SA 4224. 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:

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

     SEC. ___. STUDY ON RESEARCH PROGRAMS OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on the research programs of the Department of 
     Defense.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) Identification of all research programs of the 
     Department.
       (2) Identification of which programs identified under 
     paragraph (1) are duplicates of each other and which programs 
     are duplicates of programs of other Federal agencies.
       (3) For each program of the Department identified under 
     paragraph (2) that is a duplicate of another program of the 
     Department but is carried out by a different military 
     department or Defense Agency, identification of which 
     military department or Defense Agency is the most appropriate 
     entity to carry out the program.

                          ____________________